DFO Review Letter: Piling Replacement, Limekiln Bay, View Royal (20-HPAC-01227)

Subject: Piling Replacement, Limekiln Bay, View Royal – Implementation of Measures to Avoid and Mitigate the Potential for Prohibited Effects to Fish and Fish Habitat

The Fish and Fish Habitat Protection Program (the Program) of Fisheries and Oceans Canada (DFO) received your proposal on November 26, 2020. We understand that you propose to conduct the following works:

• Remove and replace an existing creosote timber pile with a 12” steel piling into the hole from the existing piling using a vibratory hammer at an existing dock located at 335 Stewart Avenue, View Royal, BC.

We understand the following aquatic species listed under the Species at Risk Act may use the area in the vicinity of where your proposal is to be located:

• Northern Abalone listed as Endangered
• Killer Whale (Northeast Pacific southern resident) listed as Endangered; and
• Killer Whale (Northeast Pacific Transient) listed as Threatened.

Our review considered the following information:

• Request for Review Form completed by Lehna Malmkvist submitted on November 26, 2020; and
• Natural Watercourse and Shoreline Development Permit Area Review Report written by Swell Environmental Consulting dated November 20, 2020.

Your proposal has been reviewed to determine whether it is likely to result in:

• the death of fish by means other than fishing and the harmful alteration, disruption or destruction of fish habitat which are prohibited under subsections 34.4(1) and 35(1) of the Fisheries Act; and
• effects to listed aquatic species at risk, any part of their critical habitat or the residences of their individuals in a manner which is prohibited under sections 32, 33 and subsection 58(1) of the Species at Risk Act.

The aforementioned outcomes are prohibited unless authorized under their respective legislation and regulations.

To avoid and mitigate the potential for prohibited effects to fish and fish habitat (as listed above), we recommend implementing the measures listed below in addition to those set out in your project proposal:

• Conduct all pile driving works during the relevant least risk timing window(s) for your area (Winter: December 1-February 15 and Summer: July 1-October 1)
• Minimize the duration of in-water works to the extent possible.
• Conduct works during favourable weather conditions.
• Ensure appropriate contingency materials (e.g., bubble curtain, silt curtain) are readily available onsite in sufficient quantities for local conditions and will be employed if required.
• Water-based equipment should not ground upon the seabed except for the use of anchors or spuds needed to keep the water-based equipment in position.
• Minimize movements/repositioning of barge and subsequent spudding to minimize physical disturbance to the seabed.
• Avoid spudding down or anchoring in sensitive fish habitats such as eelgrass beds or kelp beds or estuarine marsh.
• Conduct works during suitable tides to avoid grounding out and propeller scour from vessel and barge movements.
• The following mitigation measure should be applied to protect marine mammals:
  • Vessels must maintain a minimum distance of 100 m from whales with the exception of populations of killer whales where the minimum distance is 200 m.
  • If there is a risk of harm to a marine mammal from direct contact, temporarily suspend construction until the individual has left the exclusion zone or has not been sighted for 30 minutes.
• An appropriate sediment control plan should be developed and implemented to minimize sedimentation of the aquatic environment during all phases of the work, undertaking or activity.
• The direct or indirect release of sediment or sediment-laden water into the aquatic environment or the induced sedimentation of foreshore or nearshore areas or the induced turbidity of water in the aquatic environment is to be minimized during the works.
• A debris management plan (containment and removal) should be developed and implemented for piling installation and removal activities to prevent construction materials and debris (treated wood fragments, sawdust, cuttings, lead/zinc based marine paint etc.) from entering or being deposited onto aquatic habitats.
• Piles should not be dragged on the seabed following removal but rather lifted clear by an excavator/ machine.
• All works must be undertaken and completed in such a manner so as to prevent the release of substances deleterious to fish and other aquatic life pursuant to Section 36 of the Fisheries Act, which specifically prohibits the deposit of deleterious substances into fish bearing waters. Due diligence is required at all times to prevent such deposits, and adherence to the measures in this letter does not of itself relieve the proponent of this ongoing obligation.
• An appropriate spill prevention, containment, and clean up contingency plan for hydrocarbon products (e.g., fuel, oil, hydraulic fluid, etc.), and other substances deleterious to aquatic life should be put in place prior to work commencing, and appropriate spill containment and cleanup supplies should be kept available onsite. Onsite personnel should also be trained in spill prevention, containment and cleanup procedures.

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.

We recommend that you notify this office via email at Vanessa.Smith@dfo-mpo.gc.ca at least 10 days before starting your project and 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 Vanessa Smith at our Nanaimo office by email at Vanessa.Smith@dfo-mpo.gc.ca. Please refer to the file number referenced above when corresponding with the Program.

Yours sincerely,

Vanessa Smith Biologist, Fish and Fish Habitat Protection Program Fish and Fish Habitat Protection Program

c.c.: Lehna Malmkvist (Swell Environmental Consulting Ltd.) at lehna@swell.ca Lee Critchley (Chl Timberworks) at Chl.Timberworks@gmail.com

---

From: "Smith, Vanessa" Vanessa.Smith@dfo-mpo.gc.ca Subject: RE: 20-HPAC-01227 - Piling Replacement, Limekiln Bay, View Royal Date: May 10, 2021 at 1:55:15 PM PDT To: Lehna Malmkvist lehna@swell.ca

Good afternoon Lehna,

Thank you for contacting DFO regarding an update to this project (DFO #20-HPAC-01227) to install a second 12” steel pile at the southwest corner of the dock. We appreciate you informing the department of these changes and acknowledge the updated project scope. If this is the only change, then the Letter of Advice DFO issued to you on December 18, 2020 remains valid.

In addition to the measures set out in your project proposal and those described in the Letter of Advice, we also recommend implementing the following measure to protect marine mammals:

• Vessels must maintain a minimum distance of 200m from killer whales, except in the area between Campbell River and just north of Ucluelet including Barkley and Howe Sound where the minimum distance is 400m, and 100m from all other whales, dolphins and porpoises (2021 management measures to protect Southern Resident killer whales | Pacific Region | Fisheries and Oceans Canada (dfo-mpo.gc.ca).

Please keep a copy of this email in addition to the Letter of Advice on site while this work is in progress and let me know if you have any further questions.

Thank you,

Vanessa Smith Biologist, Fish and Fish Habitat Protection Program Fisheries and Oceans Canada | Government of Canada Vanessa.Smith@dfo-mpo.gc.ca |

From: Lehna Malmkvist lehna@swell.ca Sent: Thursday, May 6, 2021 3:45 PM To: Smith, Vanessa Vanessa.Smith@dfo-mpo.gc.ca Subject: Re: 20-HPAC-01227 - Piling Replacement, Limekiln Bay, View Royal

Hi Vanessa,

We have a small update to this project, the owner would like to add a second piling to provide additional stability for the dock (see airphoto below and addendum to my our previous report).

The same environmental protection measures will be implemented for installation of the second piling, and work is still proposed for between July 1 and October 1 of this year.

Please let me know if you have any questions.

Thank you,

Lehna ----------------------------------------------- Lehna Malmkvist, M.Sc., R.P. Bio. She/Her Swell Environmental Consulting Ltd.

p: (250) 217-9190 e: lehna@swell.ca