NOTICE OF DETERMINATION

DORVAL – 2023-07-21 – Transport Canada has determined that the project "Demolition of the seaplane dock in La Romaine, Quebec" is not likely to cause significant adverse environmental effects.

This determination was based on the following factors:

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

The mitigation measures considered for this determination are as follows:

 

Failure Management

• 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, 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 business days before work begins.
• All personnel at the work site need to be fully trained in spill emergency response procedures, methods and the use of relevant equipment and materials.
• Respect a minimum distance of 30 metres from the Gulf of St. Lawrence, an aquatic environment or a wetland 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.
• Report any accidental spill immediately to the person responsible for the project's emergency plan, who will ensure that the authorities concerned are contacted without delay, the affected area is identified, cleaned up and managed, in accordance with the laws and regulations in force, contaminated soil as well as residual soil left in place, petroleum residues and other hazardous residual materials, if applicable.
• Any an accidental spill of diesel, gasoline or other environmental incident must be reported immediately to the following Ministry official and authorities:
  • Environment Canada, Environmental Emergencies Centre. Tel.: 866-283-2333.
  • MELCCFP : 1-866-694-5454.
  • Canadian Coast Guard, marine pollution. :1-800-363-4735
  • Site supervisor

These emergency numbers must be always posted very clearly and in the site office.

• The contractor must make every effort to dry the source of the spill within the limits recommended by safety. 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 soils left in place, confirming that the affected site has been properly rehabilitated, should be conducted to the satisfaction of the ministry.

 

Machinery and equipment

• Keep machinery and equipment used during work in good working order, clean and free from leakage of oil, gasoline or any other liquid that may pollute the environment and stop engines when not in use.          
• Perform maintenance and refuelling of vehicles and equipment off-site work, i.e. outside federally owned property.        
• Use biodegradable hydraulic oil in machinery (hydraulic shovels) that will work within 30 metres of a watercourse or wetland to reduce potential impacts on the environment. 

 

Hazardous Materials Management

• 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 30 metres from the gulf, an aquatic environment, drainage ditches, wetlands and watercourses. The toxic substances used, such as oil and gasoline, will have to be handled with care, according to the laws and regulations in force.
• Provide a hazardous materials management plan (storage, transportation, disposal, recovery, control and decontamination measures).       
• It is prohibited to dispose of waste materials, debris, birds or any type of contaminant by discharging them into storm or sanitary sewers, in the Gulf of St. Lawrence, in an aquatic environment or in a wetland. Any waste or contaminant accidentally introduced into the environment, including the aquatic environment, must be removed as soon as possible.           
• Implement a residual materials management system that takes into account their nature and provides containers appropriate to their nature.             
• Any contaminant accidentally introduced into the environment, including the aquatic environment, must be removed as soon as possible.

 

Air quality management

• Limit trucking and turn off machinery and equipment engines when not in use.
• Cover dry materials and waste to prevent wind from raising dust or carrying debris.
• Handle materials in such a way as to avoid the emission of dust.
• Ensure that the vehicles and equipment used are kept in perfect working order (e.g. exhaust system).           
• Optimize maneuvers to minimize the duration of operations.

 

Sound environment management

• 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.
• Attempt to limit trucking and turn off machinery and equipment engines when not in use. 
• Optimize maneuvers to minimize the duration of operations.

        

Dredging and work in water

• Implement appropriate methods to minimize, contain and verify the concentration of suspended solids during work in water. The method selected must be appropriate to the conditions of the site.
• The method will have to be selected prior to the work and submitted to the ministry for approval.
• If sediment dispersion is observed, or if suspended solids (TSS) exceed established criteria, work should be stopped immediately. Corrective measures will have to be proposed to the departmental representative. Their implementation will have to be done before the resumption of work.
• Avoid making sudden movements with machinery while working in the water or levelling the seabed by pivoting the bucket so as not to unnecessarily resuspend sediment (contaminated or not) in the water column.
• Respect the limits of the dredged template.
• In the event of suction dredging, inspect the pipes regularly for any potential problems in the flow of sediment and maintain its tightness at all times. Pipes used to transport dredged sediment must be watertight and visible on the surface of the water. If leaks are present along the pipe, immediately cease dredging operations and repair the leak.
• In the event of mechanical dredging, choose a cycle time that reduces the upspeed of the excavator loaded through the water column and use a grab bucket that is as tight as possible or a watertight mechanical dredge.
• Ensure that the barge used to transport excavated material is watertight and avoid overloading to reduce the likelihood of overflow during transport.
• When filling the barge, the bucket of the dredge must be lowered as low as possible into the barge.
• When dredging contaminated sediment, ensure that, when transferring dredged material to a watertight container on a barge or truck, the hydraulic excavator bucket is opened only when it is properly positioned above it. The dredge bucket should be lowered as low as possible into the container or truck bucket to minimize accidental sediment spills.
• Recover, at the end of the work, the materials that have been dropped during the loading of trucks \ transhipment.

 

Control of erosion, water quality and sediment transport

• Suspend work when weather conditions deteriorate (high winds, storms) to prevent the dispersion of dredged or suspended material outside the work area.
• No cleaning of equipment in river water will be permitted.
• If interventions are planned below the level of the high tidal high tide (GMSMP), carry out these interventions when the work area is flooded and stabilize the site before the tide returns.
•  Dispose of excavated material outside the level of the high tide high tide (GMSMP). If required, contain or stabilize these materials (e.g., waterproof canvas, sediment barrier) to prevent sediment input to the aquatic environment.
• Deposit rocks on the seabed, or as close to the bottom as possible, rather than dropping them from the surface to limit additional encroachment and sediment suspension.
• Use clean stone to make riprap.
• The stone used for backfilling shall be free of fine materials.

 

 

Sediment management

• Do not reuse dredged sediments near drinking water supply wells and/or freshwater streams because of their chloride content so as not to affect the uses of the water table with salts present in dredged sediments.
• Dredged contaminated sediment managed at the terrestrial level must be placed in piles on watertight tarpaulins and covered at all times during storage.
• Dredged contaminated sediment, if temporarily stored near water, shall be contained in a watertight structure designed to recover drainage water flowing from sediment and filtered by a membrane or other means to retain fine particles and contaminants contained in the water. An adequate containment system, such as a filter medium around the dewatering area, will need to be provided to retain materials in the field. A filter medium can be made in particular using concrete block and a geotextile barrier or a straw bale filter, set up in the drying area. This protection will prevent sediment transport to the waters of the Gulf of St. Lawrence and keep suspended solids in the dewatering area. It is the responsibility of the contractor to dispose of these waters according to the regulations in force.
• Dredged sediments will have to be managed according to the analytical results obtained from the characterizations carried out in 2021 and 2023 in accordance with the applicable regulations.
• Analyze and manage dewatering water according to its environmental quality and current standards. If water cannot be returned to the natural environment, dispose of stormwater stormwater that does not meet the Canadian Council of Ministers of the Environment (CCME) Canadian Water Quality Guidelines: Protection of Aquatic Life at a licensed site.

 

Waste management and disposal

• Debris will need to be picked up as it is done and placed in the appropriate containers to prevent it from spreading into the environment.
• Materials will have to be sorted at the source to minimize the risk of contamination and maximize their recovery.
• Provide a plan for the management of construction waste by promoting its reuse and/or recycling. If they need to be disposed of, dispose of them at an authorized site.
• Remove from the site, throughout the work, unused materials, waste, debris of all kinds or other residual materials and dispose of them on an authorized site, in accordance with applicable regulations. 
• Do not discharge any debris into the aquatic environment. All accidentally introduced debris must be removed as soon as possible.
• Any waste accidentally introduced into the environment, including the aquatic environment, must be removed as soon as possible.

 

Hazardous Materials Management

• The Contractor must comply with all applicable regulations concerning the transportation, storage, handling and disposal of hazardous materials and hazardous waste.
• Provide the detailed hazardous waste management plan as well as written documentation regarding weekly hazardous waste inspections with the monitoring report.

 

Creosote wood management

• Creosote wood must be managed as hazardous materials
• Creosote wood should not be placed in a dry material repository or burned.
• If creosote wood is to be stored temporarily on site, it must be stored using a watertight containment structure so that runoff does not reach the soil or aquatic environment. The method of containment must be authorized by the ministry.
• The contractor must ensure that the creosote wood chips and sawdust have not dispersed into the environment, if the creosote wood was cut on site.
• Creosote wood must be transported off-site in a watertight container to an authorized site.

 

Protection of aquatic and riparian flora

• The contractor must take the necessary measures to limit the encroachment and to damage as little as possible the vegetation present in the vicinity of the premises.
• Limit machinery traffic to the road footprint to minimize impacts on adjacent natural vegetation.
• Vehicle access must be restricted in sensitive areas such as the riparian area.
• Do not alter the vegetation surrounding work areas, especially those in riparian environments.

 

Protection of avian fauna

• The Contractor must take reasonable steps to comply with 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:
  • Minimize encroachment into the natural environment.
  • Particular care should be taken to avoid disturbing or destroying any migratory bird nest.
  • Avoid approaching or disturbing any bird or a bird's nest if observed during the work.
• Before work begins, check for waterfowl nesting on the structures where the work will take place. If nest(s) are found, notify the departmental representative immediately before commencing work.
• If a nest containing migratory bird eggs or chicks is discovered near or in the work area, stop all noisy activities near the nesting site, protect the nest(s) with a protection zone. Immediately contact the departmental representative who will contact ECCC's Canadian Wildlife Service (CWS) to ensure the correct actions are taken.
• If activities may release contaminated water that could be accumulated in retention ponds (structures likely to be frequented by birds), notify the ministry representative to conduct a risk assessment of the use of ponds by avian wildlife and determine if additional mitigation measures are required.
• Navigate at a constant speed when near a colony of seabirds and waterfowl, moving parallel to shore rather than approaching towards the colony.
• On water or on land, stay at a sufficient distance so as not to disturb nesting birds. Signs that birds have been disturbed include an upright posture when brooding the nest, increased vocalization, and adult birds leaving their nests.
• Avoid producing high-pitched or loud noises, honking or whistling, and constantly keep the engine at the same noise level.

 

Protection of fish and benthic fauna

• Notify the departmental representative as soon as possible of any change in the terms and conditions of the project (schedule, plan, etc.) or of unforeseen impacts on fish habitat. The departmental representative will contact the Fisheries and Oceans Canada representative.
• Respect the limitation periods for work in an aquatic environment. Carry out the work between July 15 and May 31, outside the capelin breeding season.
• Do not circulate machinery on the seabed.

 

Protection of marine mammals

• If a species of marine mammal is observed within 200 m of the aquatic work area, interrupt the work and wait for the animal to move more than 200 m away.
• In the event that marine mammals are within the established radius of 200 m in the work area, the use of means to frighten animals is prohibited.

 

Protection of marine herpetofauna

• In the event that the presence of the leatherback turtle is observed near the work area, stop activities in the aquatic environment until the turtle has left the site (presence within 200 m of the work).
• Complete a leatherback turtle observation sheet and submit it to the Fish Habitat Management Directorate (HPMD) of Fisheries and Oceans Canada (DFO) following the monitoring period. Send a copy to the departmental representative.

 

Protection of species at risk

• In the event that an aquatic species at risk (leatherback turtle, blue whale, right whale and great white shark) is observed within 200 m of the aquatic work zone, interrupt the work and wait for the animal to move more than 200 m away.

 

Limiting the spread of invasive species

• Provide proof of the provenance of the equipment that will come into contact with the aquatic environment and demonstrate (inspection) that it is free from invasive alien species (IAS).
• Use clean marine equipment stored on land prior to completion of the work.
• If the equipment is already in the water, provide written proof to the departmental representative that the equipment has remained in the Estuary or Gulf of St. Lawrence for the past 12 months or more and that it is free of EEE just before mobilizing it to the work site.
• In the event that the inspection report confirms the presence of invasive species, the Contractor is required to replace the Equipment or carry out, at the Contractor's expense, a complete cleaning of the Equipment. The description of the cleaning work carried out will have to be included in the new inspection report (after cleaning) with all the relevant information mentioned above.

 

Land use

• Maintain an adequate communication system between the Ministry representative and site users to plan the organization and mobilization of the site to ensure the smooth running of activities and minimize inconvenience for users.
• Put in place a safety program specifying the signage that will be put in place and the restrictions on traffic in the construction sector.
• Marking and fencing the work area.
• Ensure the safety of workers and the public by marking the work area and using protective barriers and adequate signage.
• A security perimeter has been demarcated around the work area to restrict access to unauthorized persons.

 

Commercial fisheries, navigation, port facilities and indigenous rights and current use of lands for traditional purposes by indigenous communities

• Access to the boat launch will be allowed at a few times during the work period by the contractor in collaboration with the municipality and the Innu First Nation of Unamen Shipu to reduce the impact of the work on the Nation's fishing activities.
• Navigation will be accessible at all times from the boat launch located in the Olomane River to allow the Innu First Nation of Unamen Shipu to continue its fishing activities during the closure of the boat launch at the seaplane dock during the work

Archaeology and heritage

• Cease all excavation work if an incidental discovery of archaeological value is made during work. Notify the ministry representative immediately.