Fisheries and Oceans Canada Letter of Advice - 302 Bessborough Avenue (22-HPAC-01197)

• Avoid the use of expanded polystyrene (Styrofoam) floats for docks and other floating infrastructure unless the foam is encapsulated to prevent its release into the marine environment.
• If there is a risk of harm to a marine mammal from direct contact, temporarily suspend construction until there is no longer risk of harm from direct contact or the individual has not been resighted for 30 minutes.
• The following mitigation measures are applicable to pile installation by vibratory hammer and drilling only:
  • Establish a minimum 500 m cetacean exclusion zone around the project site prior to pile installation.
  • Monitor for cetaceans for at least 30 minutes prior to the start of pile installation. If a cetacean enters the exclusion zone, temporarily suspend pile installation until the individual has left the exclusion zone or has not been sighted for 30 minutes.
• Pile installation using a vibratory hammer is the preferred method rather than impact driving (e.g., drop hammer) or drilling. If impact driving methods are used, complete pile installation in accordance with the following mitigation measures:
  • Conduct hydroacoustic monitoring during impact pile driving to verify that underwater acoustic thresholds are not exceeded.
  • Install an effective sound attenuation device (e.g., bubble curtain) to be used prior to and during impact pile driving to ensure sound levels do not exceed 207 dB re: 1 µPa and a SEL_cum of 186 dB re: 1 µPa²s outside of the sound attenuation device.
  • Establish separate fish, pinniped, and cetacean exclusion zones (e.g., perimeter around the sound source) prior to impact pile driving. The pinniped exclusion zone is to be a minimum distance of 100m from the sound source. The cetacean exclusion zone is to be a minimum distance of 500 m or the distance where sound levels do not exceed 160 dB_RMS re: 1 µPa during impact pile driving, whichever is greater.
  • Monitor the exclusion zones for the presence of fish for at least 10 minutes and for pinnipeds and cetaceans for at least 30 minutes prior to the start of impact pile driving.
  • If fish, pinnipeds, and cetaceans are not observed in the respective exclusion zones during the prestart period, a soft start procedure is recommended where the impact energy is gradually increased over a 10 minute period. The soft start procedure is also recommended any time after there is a break of 30 minutes or more during impact pile driving.
  • If a pinniped or cetacean enters their respective exclusion zones, temporarily suspend pile installation until the individual has left the exclusion zone or has not been resighted for 30 minutes.
  • If hydroacoustic monitoring indicates sound levels in excess of the above mentioned thresholds, impact pile driving should cease and only resume after additional measures are implemented to effectively reduce sound levels below the thresholds.

Provided that you incorporate these measures into your plans, the Program is of the view that your proposal is not likely to result in the contravention of the above mentioned prohibitions and requirements.

Should your plans change or if you have omitted some information in your proposal, further review by the Program may be required. Consult our website (http://www.dfo-mpo.gc.ca/pnw-ppe/index-eng.html) or consult with a qualified environmental consultant to determine if further review may be necessary. It remains your responsibility to remain in compliance with the Fisheries Act, the Species at Risk Act and the Aquatic Invasive Species Regulations.

It is also your Duty to Notify DFO if you have caused, or are about to cause, the death of fish by means other than fishing and/or the harmful alteration, disruption or destruction of fish habitat. Such notifications should be directed to the DFO-Pacific Observe, Record and Report phone line at 1-800-465-4336 or by email at DFO.ORR-ONS.MPO@dfo-mpo.gc.ca.

Please notify the Program by email at ReferralsPacific@dfo-mpo.gc.ca at least 10 days before starting your project, ensuring your file number and appropriate on-site contact information is included. We recommend that a copy of this letter be kept on site while the work is in progress. It remains your responsibility to meet all other federal, territorial, provincial and municipal requirements that apply to your proposal.

Please note that the advice provided in this letter will remain valid for a period of one year from the date of issuance. If you plan to execute your proposal after the expiry of this letter, we recommend that you contact the Program to ensure that the advice remains up-to-date and accurate. Furthermore, the validity of the advice is also subject to there being no change in the relevant aquatic environment, including any legal protection orders or designations, during the one year period.

If you have any questions with the content of this letter, please contact Shawn Seguin at our Vancouver office by email at Shawn.Seguin@dfo-mpo.gc.ca. Please refer to the file number referenced above when corresponding with the Program.

Yours sincerely,

Shawn Seguin Section Head Fish and Fish Habitat Protection Program

c.c.: Sharon Horsburgh (Bayshore Planning Services Inc.) at sharon@bayshoreplanning.com