DFO Letter of Advice - 20-HPAC-01227

DFO Project Review - 20-HPAC-01227

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