ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT

ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT Submitted to: New Brunswick Department of Environment 20 McGloin St., Marysville ...
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ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT

Submitted to: New Brunswick Department of Environment 20 McGloin St., Marysville Place Fredericton, NB E3A 5T8

Submitted by: Stantec Consulting Ltd. 845 Prospect St. Fredericton, NB E3B 2T7

Project No. 121810050 (1049282) February 19, 2010

ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

Table of Contents 1.0  1.1  1.2  1.3 

INTRODUCTION ................................................................................................................ 1.1  BACKGROUND .................................................................................................................. 1.1  OBJECTIVES OF THE EMP............................................................................................... 1.2  ORGANIZATION OF THE EMP.......................................................................................... 1.3 

2.0  ENVIRONMENTAL REQUIREMENTS............................................................................... 2.1  2.1  REGULATORY ENVIRONMENT ........................................................................................ 2.1  2.1.1  Federal Legislation............................................................................................... 2.1  2.1.2  Provincial Legislation ........................................................................................... 2.1  2.1.3  Municipal Legislation............................................................................................ 2.1  2.2  ENVIRONMENTAL COMMITMENTS ................................................................................. 2.2  2.3  REVIEW OF REQUIRED ENVIRONMENTAL APPROVALS ............................................. 2.3  2.3.1  Watercourse and Wetland Alteration Permit ........................................................ 2.3  2.3.1.1  Landowner Permissions....................................................................................... 2.3  2.3.2  Licence of Occupation ......................................................................................... 2.3  2.3.3  Indian Act Land Use Permit ................................................................................. 2.3  2.3.4  Navigable Waters Protection Act Approval .......................................................... 2.3  2.4  KNOWN ENVIRONMENTAL APPROVALS REQUIRED FOR THE PROJECT ................. 2.4  2.5  MANAGEMENT OF ENVIRONMENTAL COMMITMENTS ................................................ 2.4  2.5.1  Environmental Management Plan ........................................................................ 2.4  2.5.2  Environmental Commitments Tracking Database ................................................ 2.5  2.6  ROLES AND RESPONSIBILITIES ..................................................................................... 2.5  2.7  REPORTING PROCEDURES ............................................................................................ 2.6  3.0  PROJECT DESCRIPTION AND PURPOSE ...................................................................... 3.1  3.1  STAGE 1: DESIGN, PERMITTING, PLANNING AND COMMUNICATION ........................ 3.2  3.1.1  Design .................................................................................................................. 3.2  3.1.2  Permitting and Planning ....................................................................................... 3.2  3.1.3  Communication .................................................................................................... 3.3  3.1.4  Stage 2a: Shoreline Protection ............................................................................ 3.3  3.1.5  Stage 2b: Dam Removal (150 m section) ............................................................ 3.3  3.2  STAGE 3: REMOVE REMAINDER OF DAM..................................................................... 3.4  4.0  4.1  4.2  4.3  4.4 

ENVIRONMENTAL PROTECTION PLAN ......................................................................... 4.1  PURPOSE OF ENVIRONMENTAL PROTECTION PLAN ................................................. 4.1  STRUCTURE AND CONTENT OF THE ENVIRONMENTAL PROTECTION PLAN .......... 4.1  ENVIRONMENTAL COMPLIANCE .................................................................................... 4.2  MITIGATION MEASURES .................................................................................................. 4.3  4.4.1  Generic Mitigation Measures and Best Management Practices .......................... 4.3  4.4.2  Material Procurement........................................................................................... 4.4  4.4.3  Notifications ......................................................................................................... 4.4  4.4.4  Site Access .......................................................................................................... 4.4  4.4.5  Temporary Work Room........................................................................................ 4.5  4.4.6  Hazardous Material Storage, Handling and Disposal .......................................... 4.5  4.4.7  Waste Management ............................................................................................. 4.7 

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ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

4.4.8  4.4.9  4.4.10  4.4.11  4.4.12  4.4.12.1  5.0  5.1  5.2  5.3  5.4  5.5 

Air Quality Control ................................................................................................ 4.8  Navigational Lighting............................................................................................ 4.9  Erosion and Sedimentation Reduction Measures ................................................ 4.9  Traffic Management ........................................................................................... 4.11  Species at Risk and Migratory Birds Protection ................................................. 4.11  Aboriginal Heritage Gardens Protection ............................................................ 4.13 

CONTINGENCY AND EMERGENCY RESPONSE PLANS .............................................. 5.1  FUEL AND HAZARDOUS MATERIAL SPILL RESPONSE ................................................ 5.1  DISCOVERY OF ARCHAEOLOGICAL OR HERITAGE RESOURCES ............................. 5.3  EROSION CONTROL FAILURE ......................................................................................... 5.3  GROUNDWATER OR SURFACE WATER CONTAMINATION ......................................... 5.4  EXTREME WEATHER EVENTS ........................................................................................ 5.5 

6.0  KEY CONTACT LIST ......................................................................................................... 6.1  7.0  FOLLOW-UP PROGRAM .................................................................................................. 7.1  7.1  TERMS OF REFERENCE .................................................................................................. 7.1  7.2  TERRESTRIAL ENVIRONMENT ........................................................................................ 7.2  7.2.1  Wetlands and Vegetation ..................................................................................... 7.2  7.2.1.1  Re-Vegetation and Vegetation ............................................................................. 7.2  7.2.2  Species at Risk and Migratory Birds .................................................................... 7.2  7.2.2.1  Yellow Rail (Coturnicops Noveboracensis) .......................................................... 7.2  7.2.2.2  Migratory Birds ..................................................................................................... 7.3  7.3  GROUNDWATER AND SURFACE WATER RESOURCES .............................................. 7.3  7.3.1  Surface Water ...................................................................................................... 7.3  7.3.1.1  Water Quality ....................................................................................................... 7.3  7.3.2  Groundwater ........................................................................................................ 7.4  7.4  PUBLIC HEALTH AND SAFETY ........................................................................................ 7.4  7.5  SEWER AND DRAINAGE OUTFALLS ............................................................................... 7.5  7.6  FISH AND FISH HABITAT .................................................................................................. 7.5  7.6.1  Total Suspended Sediments ................................................................................ 7.5  7.6.2  Bacteria ................................................................................................................ 7.5  7.6.3  Sediment Quality.................................................................................................. 7.5  7.6.4  Clams ................................................................................................................... 7.6  7.7  EROSION CONTROL ......................................................................................................... 7.8  7.8  CURRENT USE OF LAND AND RESOURCES FOR TRADITIONAL PURPOSES BY ABORIGINAL PERSONS ................................................................................................... 7.8  7.9  ARCHAEOLOGICAL HERITAGE RESOURCES ............................................................... 7.8  8.0  SUMMARY ......................................................................................................................... 8.1 

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ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

List of Tables Table 2.1  Table 2.2  Table 2.3  Table 4.1 

Known Environmental Approvals Required for the Eel River Dam Removal Project ................................................................................................................ 2.4  Roles and Responsibilities of Parties Involved With the Implementation of the Eel River Dam Removal Project ......................................................................... 2.5  NBENV Reporting Schedule and Format for the Eel River Dam Removal Project ................................................................................................................ 2.6  Migratory Birds Identified in the Eel River Dam Area under the New Brunswick Endangered Species Act (NB ESA) and/or Species at Risk Act (SARA) ......... 4.13 

List of Appendices Appendix A Appendix B Appendix C Appendix D

Conditions of Approval (NBENV) Copy of “Environmental Requirements” (INAC Screening Report) Figure 3.4.2 – Location of Water Sampling Stations in 2004 and 2005 Figure 3.2.4 – Location of Sediment Sampling Stations and Sections

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ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

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ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

1.0

INTRODUCTION

1.1

BACKGROUND

The Eel River dam is located in Restigouche County south of the Town of Dalhousie, adjacent to the Eel River Bar First Nation community and approximately 600 m upstream of Route 134 at Eel River bar. The dam was built in 1963 by the Town of Dalhousie to provide an industrial water source (non-potable) for the area. Following construction of the dam in 1963, there was no longer any opportunity for saltwater to flow upstream past the dam and all but the lower 600 m of the estuary was lost. Changes in flow (lack of tidal influences), salinity, sediment deposition patterns, water temperature, water quality, and evaporation rates caused the impoundment to be more “lake-like” than a river. According to Eel River Bar First Nation (ERBFN), Fisheries and Oceans Canada (DFO), and the observation of others, Atlantic salmon were once plentiful in Eel River. Monitoring conducted by DFOand the New Brunswick Department of Natural Resources (NBDNR) in recent years has documented few adult salmon above the dam even though upstream spawning habitat is still suitable. Reports from DFO and observations by area residents, including the ERBFN, clearly demonstrate that clam populations declined in the remaining estuary following dam construction. Clam populations that were located upstream of the dam were destroyed by the freshwater conditions. Increased sedimentation associated with the reduced tidal flushing has also been shown to occur and has contributed to substantial destruction of clam beds downstream of the dam. Finally, the presence of sewage-related bacteria, made worse by the reduced tidal exchange, has resulted in closures of the remaining clam fishery in the Eel River estuary and Eel Bay. In December 2002, an agreement was signed with the Province of New Brunswick, Her Majesty the Queen in Right of Canada, and the ERBFN requiring that an Environmental Impact Assessment (EIA) be conducted for the proposed removal of the Eel River dam that was intended to resolve fish passage and other environmental issues associated with the dam. The New Brunswick Department of Supply and Services (NBDSS) was designated as the Project Proponent, and with initiated Environmental Impact Assessment (EIA) process.

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ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

In 2006, the Jacques Whitford Study Team (now Stantec Consulting Ltd.), on behalf of NBDSS, conducted an EIA for the removal of the Eel River Dam (the “Project”). The EIA fulfilled the reporting requirements for a Comprehensive level EIA pursuant to the Clean Environment Act – Environmental Impact Assessment Regulation 87-83 (EIA Regulation). The EIA Report was approved, with conditions, by the Minister of the New Brunswick Department of Environment (NBENV) on December 19, 2007. The EIA Report was also the supporting document for the Screening Report produced by Indian and Northern Affairs Canada (INAC) in July 2008 as the Responsible Authority (RA) under the Canadian Environmental Assessment Act (CEAA). A three-staged implementation strategyhas been developed for the Project as follows: 

Stage 1 – design, permitting, planning, and communication;



Stage 2a – shoreline protection;



Stage 2b – create an opening in the north portion of Eel River dam; and



Stage 3 – remove the remainder of the Eel River dam.

Condition of Approval (d) requires the development of a comprehensive Environmental Management Plan (EMP) for the Project. This document is the EMP for the implementation of the Project. 1.2

OBJECTIVES OF THE EMP

The primary objective of the EMP is to ensure that adverse environmental effects resulting from the implementation of the Project are minimized. This objective will be achieved through careful planning and engineering design to mitigate, respond to, and manage potentially adverse environmental effects using systematic, effective, and pre-approved methods. This EMP is also intended to satisfy Condition of Approval (d), which states: “(d) the proponent must develop a comprehensive EMP and submit it to the Director, Project Assessment and Approvals Branch for review, and receive approval prior to the start of ground-disturbing activities. Stakeholders identified in Section 2.2.1.3 of the document “Final Report – Environmental Impact Assessment for the Removal of the Eel River Dam’ (dated March 31, 2006) must be provided with an opportunity to provide input on the EMP prior to finalization. The EMP must include an Environmental Protection Plan (linking mitigation measures to a location), project contingency plans (e.g., emergency response, etc.), and monitoring plans (e.g., compliance and environmental effects monitoring and/or any follow-up programs)…” The EMP uses a “Life-of-Project” approach and is intended as a living document embracing the philosophy of adaptive management. As such, it may be subject to changes and updates in the future through a controlled revision process.

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ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

In addition to the EMP, other supporting environmental and socio-economic documents for the implementation of the Project have been prepared, including but not limited to: a Tracking Database of environmental commitments, and a Public and Stakeholder Communication Strategy. 1.3

ORGANIZATION OF THE EMP

The EMP is organized into the following sections: 

Section 1.0 Introduction – provides the Project context and outlines the purpose and content of the EMP;



Section 2.0 Environmental Requirements – provides the regulatory framework and associated permitting and approvals for the Project; a summary of the sources of environmental commitments and strategy for tracking and managing the environmental commitments; identification of the roles and responsibilities of the parties involved with the implementation of the Project; and a description of the reporting requirements to the NBENV and schedule;



Section 3.0 Project Description and Purpose – presents a high-level description of the planned work and activities required for implementation of all stages of the Project;



Section 4.0 Environmental Protection Plan – prescribes the environmental protection procedures to be followed and mitigation measures to be implemented for the activities associated with the Project;



Section 5.0 Contingency and Emergency Response Plans – lays out the procedures to be followed to ensure a safe, quick and effective response to unexpected and emergency situations;



Section 6.0 Key Contact List – lists key organizations and/or individuals that may be contacted during emergency situations or regarding regulatory issues; and



Section 7.0 Follow-up Program – provides a high-level description of the objectives, contents of the Follow-up Program and approach for the various environmental components included in the program.

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ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

2.0

ENVIRONMENTAL REQUIREMENTS

This section describes the regulatory environment, identifies the sources of environmental commitments, and provides a review of the necessary permits, approvals, licences, authorizations, and permissions (“environmental approvals”) required for the Project. 2.1

REGULATORY ENVIRONMENT

The legislation outlined below applies to one or more stages of the Project. 2.1.1

Federal Legislation

The following federal environmental acts and regulations apply to at least one stage of the Project. 

Canadian Environmental Assessment Act (CEAA), administered by the Canadian Environmental Assessment Agency



Indian Act, administered by Indian and Northern Affairs Canada (INAC)



Species at Risk Act (SARA), administered by Environment Canada



Navigable Waters Protection Act (NWPA), administered by Transport Canada (TC)

2.1.2

Provincial Legislation

The following provincial acts and regulations are applicable to the Project. 

Clean Environment Act, administered by NBENV



Clean Water Act, administered by NBENV



Water Classification Regulation under the Clean Water Act, administered by NBENV



Environmental Impact Assessment Regulation 87-83, made pursuant to the Clean Environmental Act, administered by NBENV



Watercourse and Wetland Alteration Regulation, made pursuant to the Clean Environmental Act, administered by NBENV



Crown Lands and Forests Act, administered by the NBDNR

2.1.3

Municipal Legislation

The Community Planning Act, administered by Restigouche District Planning Commission, is applicable to the Project.

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ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

2.2

ENVIRONMENTAL COMMITMENTS

The primary sources of the environmental commitments and requirements associated with the Project arise from the following documents, conditions, permits and approvals. 

Final Report – Environmental Impact Assessment for the Removal of the Eel River Dam (Jacques Whitford 2006)



Conditions of Approval for the Removal of the Eel River Dam (NBENV 2007)



Final Disposition Table of the Response to Technical Review Committee Comments on the Draft Environmental Impact Assessment for the Removal of the Eel River Dam (Jacques Whitford 2006)



CEAA Screening Report for the Removal of the Eel River Dam (INAC 2009)



Navigable Waters Protection Act Approval (Transport Canada 2006)



Watercourse and Wetland Alteration permits (NBENV, upon issuance)



Any other applicable environmental permits, approvals and authorizations to be issued for the Project

The EIA Report contains mitigation measures for minimizing environmental effects. These mitigation measures are located throughout the EIA Report, while the Conditions of Approval describe specific requirements that must be followed or implemented during the Project in addition to those contained in the EIA Report. The development of the EIA Report included extensive and iterative regulatory consultation and document reviews by the Technical Review Committee (TRC). The TRC included technical specialists from various government departments and agencies (both provincial and federal) and stakeholders whose jurisdictions may be affected by the Project. NBENV was the chair of the TRC and was identified as the decision-making authority under their respective provincial legislation. The agencies represented by the TRC included: 

NB Department of Environment (NBENV);



NB Department of Natural Resources (NBDNR);



NB Department of Health and Wellness (NBDHW);



NB Department of Transportation (NBDOT);



NB Culture and Sport Secretariat – Archaeological Services ;



NB Museum (NBM);



Restigouche District Planning Commission (RDPC);



Indian and Northern Affairs Canada (INAC);



Environment Canada (EC);



Fisheries and Oceans Canada (DFO);

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ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010



Transport Canada (TC);



Health Canada; and



Canadian Environmental Assessment Agency (CEA Agency).

2.3

REVIEW OF REQUIRED ENVIRONMENTAL APPROVALS

2.3.1

Watercourse and Wetland Alteration Permit

Watercourse and wetland alteration (WAWA) permits are required under the provincial Clean Environment Act for construction activities within 30 m of any watercourse or wetland. Applications for WAWA permits are submitted to NBENV for review and approval. Consultation with representatives of NBENV on March 16, 2009 determined that it is likely that provisional permits for common activities such as geotechnical investigations will be granted for the Project. Standard permit applications will be submitted for other activities related to work within 30 m of a watercourse or wetland and the physical excavation of the dam. 2.3.1.1 Landowner Permissions A requirement of the WAWA permit is to obtain permission from private landowners, municipalities or the Crown for any work taking place on land owned by any of these entities. Private landowner permission will be required for activities such as shoreline enhancement. 2.3.2

Licence of Occupation

A Licence of Occupation will be required for activities taking place on Crown land, including surrounding wetland and submerged or coastal land. The Licence of Occupation is administered by NBDNR under the Crown Lands and Forests Act. A Licence of Occupation is required for all Stage 2 and 3 Project construction activities in the area. 2.3.3

Indian Act Land Use Permit

A Land Use Permit under section 28 of the Indian Act is required as a result of works being carried out on the Reserve lands of the Eel River Bar First Nations. Application for this permit is submitted to INAC. The permit is then vetted through Chief and Council and a Band Council Resolution must be obtained prior to issuance of the permit to the Proponent. 2.3.4

Navigable Waters Protection Act Approval

Approval by TC is required for any works in, on, over, under, through or across any navigable water under the Navigable Waters Protection Act.. A Navigable Waters application was submitted by NBDSS for the removal of the dam and approval was issued by TC on December 8, 2006.

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ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

2.4

KNOWN ENVIRONMENTAL APPROVALS REQUIRED FOR THE PROJECT

All known environmental approvals required for Stage 2 and 3 of the Project implementation are listed in Table 2.1 and are planned to be acquired during Stage 1 of the Project. NBDSS, its Contractors, and sub-Contractors will comply with all applicable environmental requirements as stipulated in federal and provincial legislation, permits, approvals and authorizations. Compliance with the environmental requirements identified in this EMP is a condition of participation by Contractors and sub-Contractors. Table 2.1

Known Environmental Approvals Required for the Eel River Dam Removal Project

Project Activity Stage 1 – Planning Stage 2a-Shoreline Protection

Stage 2b – Create 150 m-wide Opening in Dam

Stage 3 - Remove Remainder of Dam

NBENV Permits/ Authorizations Required WAWA for Geotechnical Study WAWA for shoreline protection works and construction of Bailey bridge within 30 m of a wetland or watercourse. WAWA for Construction Activity, Activity approval from the Project Assessment Branch, Approval to Construct / Operate WAWA for Construction Activity, Activity approval from the Project Assessment Branch

NBDNR Permits/ Authorizations Required

Additional Permits/Authorizations Required

 Licence of Occupation, Lease and Coastal Land Use

INAC Land Use Permit (to Enter onto Reserve Lands)

 Licence of Occupation, Lease and Coastal Land Use; and  Quarry Permit

INAC Land Use Permit (to enter onto Reserve Lands), Navigable Waters Permit (Transport Canada), Provincial Department of Transportation.

 Licence of Occupation, Lease and Coastal Land Use; and  Quarry Permit

2.5

MANAGEMENT OF ENVIRONMENTAL COMMITMENTS

2.5.1

Environmental Management Plan

This EMP is the primary mechanism for managing environmental commitments. Stakeholders identified in Section 2.2.1.3 of the EIA Report will be provided with an opportunity to review the EMP prior to finalization, as stipulated in Condition of Approval (d). Subsequently, the EMP will be submitted to the Director, Project Assessment and Approvals Branch, NBENV for review and approval.

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ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

2.5.2

Environmental Commitments Tracking Database

A Tracking Database of environmental commitments related to the Project will be developed in accordance with Condition of Approval (j) (Appendix A). The primary objective of the Tracking Database is to ensure compliance with all environmental materials, permit and approval conditions, and commitments made during the regulatory review process for the Project. In addition, the Tracking Database will assist the Proponent in maintaining the Project schedule. The Tracking Database will also be used to communicate the schedule and status of the Project-related environmental commitments within the Proponent team internally and between the Proponent and NBENV Project Assessment Branch. Any commitments contained within the Tracking Database that relate to environmental protection and mitigation during construction activities have been included in this EMP. The owner and overseer of the Tracking Database shall be NBDSS while the management of the Tracking Database will be conducted by a member of the Stantec Consulting Ltd. Study Team (the “Tracking Database Manager”). The Tracking Database shall be maintained by the Tracking Database Manager on a regular basis, with a complete update provided to both the Proponent and NBENV on a monthly basis. 2.6

ROLES AND RESPONSIBILITIES

The implementation of the Project is the responsibility of NBDSS. In addition to the Project Proponent, a consortium of environmental and engineering consulting firms, the Stantec Consulting Ltd. Team, has been retained by NBDSS to manage and assist with the implementation of the Project. As the Provincial department responsible for the approval of the EIA Report and issuance of the Conditions of Approval, NBENV will continue to be involved with the Project during the implementation phase. Similarly, it is expected that INAC will remain involved as a Responsible Authority under CEAA. The specific roles and responsibilities for each party are summarized in Table 2.2 below. Table 2.2

Roles and Responsibilities of Parties Involved With the Implementation of the Eel River Dam Removal Project

Party NBDSS

Stantec Consulting Ltd. Team NBENV Project Assessment Branch INAC

Roles and Responsibilities Overall Project Proponent, responsible for ensuring all environmental commitments and conditions are satisfied, including but not limited to: the EMP, Follow-up Program, and all other required environmental permits, approvals, authorizations, licences, landowner permissions, and dam removal. Project management and implementation Provincial and federal regulatory coordination, review and approval of all applicable documents as specified in the Conditions of Approval. Federal Responsible Authority

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ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

2.7

REPORTING PROCEDURES

NBDSS and the Stantec Consulting Ltd. Team recognize the importance of continuous and effective communication between all groups involved in the implementation of the Project. To this end, status updates for each reporting requirement will be delivered on a prescribed schedule to NBENV and other relevant federal, provincial and municipal agencies via distribution to the TRC (at the discretion of NBENV). A summary of each report and specified delivery schedule is listed in Table 2.3. Table 2.3

NBENV Reporting Schedule and Format for the Eel River Dam Removal Project

Report Type

Frequency

Tracking Database

Monthly

Environmental Management Plan (including Environmental Protection Plan)

To be revised at the beginning of each stage as required. As stipulated in the commitment or condition for each specific component.

Follow-Up Program Reports

Duration

Format

Until Project completion Until Project completion

Updated database and report summarizing the most recent updates. Living document that will evolve as the Project progresses.

As stipulated in the commitment or condition for each specific component.

The full results of the follow-up program for each component.

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ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

3.0

Project Description and Purpose

The Project is defined as the Decommissioning of the Eel River dam, including the earthen dyke, concrete water control structure, intake structure, and associated infrastructure (e.g., fish passage facilities). The initially contemplated objective of the Project, as stated in the Final Guidelines for an Environmental Impact Assessment of the Removal of the Eel River Dam, was achieving a longterm solution to fish passage and other ecosystem issues related to the presence of the dam (e.g., tidal exchange, sediment transport, wetland functions, populations of flora and fauna, fish habitat). This objective was further defined and divided into three components during the development of the Final Terms of Reference for the EIA for the Project, in consultation with federal and provincial regulatory representatives. It is believed that achieving these “Project Objectives” will effectively satisfy the initial objective stated in the EIA Guidelines. The Project is intended to address fish passage and other environmental and ecosystem issues associated with the Eel River dam. To that end, the following Project Objectives, as per the EIA Terms of Reference developed in consultation with federal and provincial regulatory agencies, are: 

Long-term solution to fish passage;



Establishment of conditions that lead to the natural re-establishment of salt marsh wetlands upstream of the current dam location; and



Improvement of habitat for soft shelled clams and shellfish upstream and downstream of the dam.

Design Criteria for the Project were developed to meet the Project Objectives. These criteria, as outlined in Section 5.0 of the EIA Report, included: 

The minimum width of an opening in the Eel River dam will be sufficient to allow tidal exchange to occur in a manner that is not substantially different (similar tidal prism, range and exchange) from the pre-dam condition. This opening should be located at the north end of the dam to reflect the pre-dam channel location;



The Project should not result in a non-permitted prohibition of the Species at Risk Act (SARA) or a violation of the New Brunswick Endangered Species Act;



The Project should allow for the free passage of ice so that there is no potential for icejamming;



Sedimentation of the Eel River estuary as has occurred because of the dam construction should be arrested;



There should be no further constriction of the tidal inlet channel at the mouth of the estuary and in the vicinity of the bridge on Route 134;



The Aboriginal Heritage Gardens should be protected; and

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ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010



During the implementation of the Project, sediment generated during the Decommissioning activities must be controlled.

A three-staged implementation strategy, as described in the EIA Report, has been developed for the Project. A brief summary of the activities associated with each of the Project stages is provided in the following sections. 3.1

STAGE 1: DESIGN, PERMITTING, PLANNING AND COMMUNICATION

Stage 1 includes activities relating to design, acquisition of permits, and communication to be carried out prior to creating the opening in the dam. The main components of this stage are: 

Finalization of detailed design, acquisition of permits, and stakeholder and Aboriginal communication/notification;



Fulfillment of pre-decommission project commitments (e.g., CoA)



Preparation of an EMP (this document) to ensure that the environmental effects of decommissioning are minimized; and

3.1.1

Design

The following studies engineering are underway and will be used to aid in the detailed design process; geotechnical investigation, bathymetric survey, topographical survey, and hydrodynamic modeling. Removal of the earthen dam will make use of standard construction procedures however if turbidity control becomes an issue, especially with the tidal activity in the area, task specific sediment control measures will be developed for each stage of the project and will be included in the construction documents as a condition of the contract that the Contractor must fulfill. 3.1.2

Permitting and Planning

All necessary permits, approvals, and authorizations that are required to carry out Stage 2 and Stage 3 of the Project will be acquired during Stage 1, although some permits, such as WAWA, are typically issued annually and may need to be applied for each stage separately. Any additional field investigations needed in support of these requirements will also be carried out during Stage 1. Monitoring and compensation required as conditions of the permits, approvals, and authorizations may extend beyond Stage 1 as appropriate. The preparation of an EMP, including supporting plans and procedures (e.g., emergency response and contingency plans), will be completed during Stage 1. The EMP may be updated iteratively during future stages of the Project based on the results of ongoing monitoring or to adapt to changes in aspects of Project implementation (should they occur), resulting in identification of the need for different or additional mitigation measures. For example, during Stage 2, any previously identified sensitive areas (i.e., riverbank upstream and downstream of

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3.2

ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

the dam opening) will be monitored, and the results of this monitoring may identify a need for specific types of erosion control measures for specific locations. The EMP and its supporting documents and procedures will be submitted to the Director, Project Assessment Branch at NBENV for review and approval prior to the initiation of Stage 2 of the Project. 3.1.3

Communication

An integral part of Stage 1 will be a communication program that will advise the public, stakeholders, and aboriginal community of the project and how it will be implemented, including contingency plans. Meetings will continue to be held with key stakeholders as required to determine the most appropriate means of communication and consultation during the implementation of the Project. This will be documented in a public and stakeholder communications strategy. 3.1.4

Stage 2a: Shoreline Protection

Stage 2a includes protection of the shoreline around Blueberry Point as required to prevent erosion as a result of opening up the river. The extent of the shoreline protection will come as a result of the engineering studies completed in Stage 1. Erosion and sediment control measures will be specified in the construction documents for the portion of work. 3.1.5

Stage 2b: Dam Removal (150 m section)

Stage 2b includes activities relating to the creation of a 150 m wide opening in the north end of the dam. Access to the dam for heavy construction equipment will be available across a temporary Bailey bridge that will be installed over the existing hydraulic control structure. Work on excavating the dam opening will proceed from north to south. The flow control gates in the existing hydraulic control structure will be removed to provide minimal water level differential between the estuary and headpond. Erosion and sediment control measures will be used to minimize potential adverse environmental effects to the shoreline and river during decommissioning. Sediment control barriers (turbidity curtains) may be installed to reduce the amount of sedimentation during excavation. The need for sediment control barriers will be evaluated as part of finalization of detailed design; exact details on the nature and location of erosion and sediment control measures will become known as the Project design is finalized.

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3.3

ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

The timing of commencement of Stage 2 is dependent upon the completion of all Stage 1 activities. The excavation activities will be conducted during the open water season during low flow periods (e.g., summer/fall) to minimize the potential environmental effects on nesting waterfowl. The schedule will be designed in anticipation of weather and tide cycle induced delays. 3.2

STAGE 3: REMOVE REMAINDER OF DAM

The remainder of the dam will be removed by excavating in a southerly direction from the initial 150 m opening. Sediment control barriers, such as silt curtains, may be installed to reduce the amount of sedimentation during excavation. The need for sediment control measures will be established during Stage 2, prior to the commencement of Stage 3 excavation activities, and mitigation will be implemented as appropriate. Stage 3 will also include removal of the existing water-control structure, and any required site remediation/restoration (this involves clean up of materials that were stored on site and repairing any disturbed ground from construction related activities). The timing of commencement of Stage 3 is dependent upon the completion of all Stage 2 activities. The excavation activities will be conducted during the open water season. The schedule will be designed in anticipation of weather and tide cycle induced delays.

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ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

4.0

ENVIRONMENTAL PROTECTION PLAN

4.1

PURPOSE OF ENVIRONMENTAL PROTECTION PLAN

A critical component of EMP for the Project is the Environmental Protection Plan (EPP), whereby the environmental protection procedures that are to be followed by Project field and construction personnel are clearly described. The main objectives of the EPP are to: 

Provide clear and concise instructions to Project personnel regarding environmental protection procedures to be followed and implemented for their respective activity;



Ensure potential environmental issues that may arise during all phases of the Project are anticipated, and action to prevent environmental damage is taken;



Provide a reference document for personnel when planning and/or conducting specific activities; and



Communicate changes, additions or refinements to Project environmental protection procedures through the revision process.

The EPP is the cornerstone for all internal environmental inspection activities. For regulators and outside environmental inspectors, the EPP provides a consolidated presentation of all environmental requirements under which compliance can be assessed. All requirements and commitments made within the EPP will be integrated into the Project Tracking Database, and the reverse. 4.2

STRUCTURE AND CONTENT OF THE ENVIRONMENTAL PROTECTION PLAN

To accommodate the evolving details of the Project, stage-specific EPPs will be developed and submitted to the appropriate regulatory agencies for review, as warranted, in a phased manner over the life of the Project. Mitigation measures specific to each Project activity will be developed and incorporated into the EPP through a controlled revision process. The environmental protection procedures for the Project include the following activities (Section 4.4): 

Material procurement;



Notifications;



Site access;



Temporary workroom situation;



Hazardous material storage, handling, and disposal;



Waste management;



Air quality control;



Erosion and sedimentation reduction measures;

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4.1

ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010



Traffic management



Species at Risk and migratory birds protection; and



Aboriginal Heritage Gardens protection.

Contingency and Emergency Response planning are also included in the EPP (Section 5.0 of this document). A list of key contact personnel has also been developed and included in the EPP (Section 6.0). 4.3

ENVIRONMENTAL COMPLIANCE

All Project personnel directly involved with decommissioning will receive environmental training. Training will be geared toward Contractor personnel directly involved in various environmental aspects of the Project. Training sessions will be held in advance of the commencement of Stage 1 preparation and Stage 2 and Stage 3 decommissioning activities, with the possibility of additional training occurring at various other times during decommissioning as required. The environmental training will be complementary to other training that will be provided, as required, to Project personnel. The Project environmental training objectives are to: a) orient Project personnel on the overall environmental program and requirements for compliance; b) provide an overview of Project documents relating to environmental commitments and requirements (e.g., EMP (including EPP), EIA Report, permit conditions) and identify mechanisms for implementation; c) review environmental contingency and emergency response plans (e.g., spills response) and identify responsibilities for implementation; d) identify and describe key environmental features, including Species at Risk and of conservation concern, and issues related to decommissioning; e) inform Project personnel of requirements and process to report issues of non-compliance with the EPP or other regulatory requirements; and f)

identify key onsite personnel responsible for environmental matters.

The training will cover a broad range of topics related to anticipated environmental conditions encountered during decommissioning, best management practices to be employed to mitigate potential adverse environmental effects, and mechanisms in place to ensure environmental practices are implemented effectively.

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4.2

ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

4.4

MITIGATION MEASURES

4.4.1

Generic Mitigation Measures and Best Management Practices

The following best management practices (BMPs) were developed based on industry standard, professional expertise and local knowledge and experience. These BMPs are applicable to decommissioning activities for all Project stages. 

NBDSS will ensure all required permits and approvals from federal, provincial and municipal agencies are acquired for the areas of work prior to decommissioning.



NBDSS and the Contractor will ensure decommissioning activities are undertaken in accordance with all applicable conditions, permits and approvals received from federal, provincial and municipal authorities.



NBDSS and the Contractor will follow proper health and safety procedures for the duration of the Project in accordance with applicable municipal, provincial and federal regulations.



The Contractor will clearly delineate (e.g., flag) the working limits for decommissioning activities, and ensure all activities are contained within the approved working limits and access roads.



Any materials or equipment used are to be marked in accordance with the Collision Regulations of the Canada Shipping Act when located on or in the waterway.



All equipment used for the Project must be in good working order and free from leaks. Where appropriate, minor drips from equipment can be managed through the use of “absorbent pads” until repairs are implemented.



Machinery working on the dam will have the hydraulic fluid replaced with a recognized, nonpetroleum based alternative (e.g., vegetable oil).



No equipment other than the bucket and arm of the excavator will be permitted to enter Eel River without approval of NBENV and DFO.



Throughout decommissioning, the Contractor will implement all erosion and sediment control measures required, in accordance with any erosion and sediment control plans that may be developed for the Project.



A copy of the “Environmental Requirements” from the INAC Screening Report (Appendix B) will be readily available on site for inspection and reference purposes during decommissioning activities. All Contractors and associated personnel will be made aware of and respect these requirements where applicable to their direct involvement in the work.

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4.3

ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

4.4.2

Material Procurement

The following guidelines for material procurement will be implemented when feasible. 

All fill materials used during the Project will be obtained from local pits, quarries and producers.

4.4.3

Notifications

Decommissioning activities have the potential to interact with a number of individuals or groups, and could cause public safety concerns or disturbance to nearby residents. The following notifications will be carried out for the Project. 

NBDSS will ensure landowners and the public are notified in advance of the schedule of decommissioning activities.



NBDSS will ensure the public is kept informed of decommissioning activities as appropriate, particularly where safety considerations arise.



The Transport Canada Regional Operations Centre at (902) 426-6030 or toll free (800) 5651633 must be advised sufficiently in advance of commencement of work or deploying or removing site markings in order to allow for appropriate Notices to Shipping/Mariners action.



Should the monitoring program identify a change in surface water quality below the accepted criteria as determined by regulatory agencies, NBDSS will ensure the ERBFN and general public are notified of any potential risks to human health and implement mitigation measures to address the issue.



NBDSS must immediately notify the Manager of the Water Sciences Section, NBENV of any complaint(s) received regarding water quantity or quality problems (e.g., groundwater wells).

4.4.4

Site Access

Uncontrolled access to the site can pose safety concerns for workers and increase the footprint and subsequent environmental effects of the Project. Access to the site by Contractor personnel, vehicles and equipment will be managed according to the following environmental protection procedures. 

Existing access to the dam will be used throughout decommissioning to the extent practical.



Access to the north shore for the Stage 2a (shoreline protection), will be along existing roads without a requirement for clearing or road improvements. If additional access roads are required near the shoreline, they will be constructed of granular fill over a geotextile and removed after decommissioning is completed with the disturbed areas rehabilitated.



Access to the south end of the dam for heavy construction equipment will be available via a Bailey bridge installed across the existing hydraulic control structure. Prior to heavy construction equipment accessing ERBFN lands, a Land Use Permit under Section 28 of the Indian Act will be obtained and all conditions of the permit will be followed.

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4.4

ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

4.4.5

Temporary Work Room

Decommissioning activities may require the use of some additional work space beyond the access roads and dam structure. This space, commonly referred to as temporary work room (TWR), may be needed for equipment laydown and storage, among other uses. The following environmental protection procedures will be implemented: 

The Contractor shall use the TWR as indicated in the contract documents.



The Contractor will limit the number and size of TWR to the extent practical. Where additional work room is needed, the Contractor will consult with NBDSS representatives to acquire landowner approval to ensure an appropriate environmental review of the area is conducted prior to development or use of that area.



The location of any staging area(s) will undergo an archaeological survey and testing, as required.



The Contractor will not be permitted to establish an equipment laydown area on the Eel River Bar First Nation Reserve.



Any additional laydown areas should be in a previously disturbed area and avoid archaeological resources, rare plants, migratory birds, wetlands, watercourses and other identified environmentally sensitive areas. The laydown areas would be designed to prevent contamination of the area through fuel spills or other refuse.

4.4.6

Hazardous Material Storage, Handling and Disposal

For the purposes of this EPP, hazardous material refers to any material that is listed by the Workplace Hazardous Materials Information System (WHMIS), or as a toxic substance under the Canadian Environmental Protection Act, administered by Environment Canada. Common hazardous substances that may relate to Project decommissioning activities include petroleumbased fuels (e.g., gasoline and diesel), oils, other lubricants and hydraulic fluids. The primary concern regarding the use of hazardous materials (e.g., oils, petroleum-based products) is their uncontrolled release to the environment (i.e., spillage, chronic release of petroleum products) and subsequent adverse effects on terrestrial and aquatic habitats and species; soil and groundwater quality; and human health and safety. The environmental protection procedures below will be followed at all times. 

Hazardous materials use will only be by personnel who are trained and qualified in the handling of these materials and in accordance with the manufacturer’s instructions and government regulations.



The WHMIS program will be implemented as per the regulations put forth by Worksafe NB.



Transportation of hazardous materials will be in compliance with the federal Transportation of Dangerous Goods Act.



Storage and handling of hazardous materials will be in accordance with the Petroleum Product Storage and Handling Regulation pursuant to the New Brunswick Clean Environment Act.

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4.5

ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010



Storage of hazardous materials will be in a designated, clearly marked area, comply with WHMIS requirements, and be at least 30 m from any watercourse or the wetland.



There will be no smoking within 10 m of any hazardous materials storage area.



Disposal of hazardous materials will be in accordance with applicable federal and provincial regulations in effect at the time of disposal.



Maintenance and cleaning of mobile construction equipment will not be carried out near residential properties, on the dam, or within 30 m of any watercourse or wetland and with no potential for POL materials to enter the watercourses or wetlands.



Material safety data sheets (MSDS) must be located in close proximity to all areas where hazardous materials are handled and inventory is to be made available to regulatory agencies upon request.



The Contractor will take every precaution to minimize spills and accidental releases of fuel and hydraulic fluid from vehicles and equipment. All spills will be managed in accordance with the fuel and hazardous material spill response plan (Section 5.1). Contractor personnel will be trained in the procedures and responsibilities outlined in this plan.



The Contractor will ensure all vehicles and heavy equipment are equipped with a spill kit, with a minimum of 10 kg of commercial sorbent materials suitable for use on both soil and water. For equipment consistently near water, this will include a surfactant boom. These materials will be applied to contain and recover spilled material provided it is safe to do so. See Section 5.1 for hazardous material spills response procedures.



The Contractor is to have a boat on site, properly equipped with health and safety gear (life jackets, anchor, etc.,) to assist in any response to waterborne spills.

Refueling The environmental protection procedures below are specific to refueling activities and will be followed at all times. 

Refueling of mobile construction equipment will not be carried out near residential properties, on the dam, or within 30 m of any watercourse or wetland.



Refueling must be conducted within an impermeable containment pad while the piece of equipment is sitting level.



Fuel systems will be inspected at the beginning of the job and on a regular basis afterwards. This involves, but is not limited to, gauging or dipping, and proper maintenance.



The Contractor will ensure refueling activities are monitored at all times; vehicles must not be left unattended while being refueled.



All containers, hoses and nozzles will be free of leaks. All fuel nozzles will be equipped with functional automatic shut-offs.



Hoses for fuel transfers will be equipped with properly-functioning and approved check valves, spaced to prevent backflow of fuel in the case of failures.

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4.6

ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

4.4.7

Waste Management

Solid waste will be generated in small quantities from activities associated with the Project. This will be primarily domestic and construction waste such as paper, cardboard, wood, scrap steel and metals, and erosion control materials. If not properly controlled and disposed of, waste can be unsightly and cause human health and safety concerns. Solid and liquid wastes can also attract wildlife, particularly birds, to the site if not properly disposed of. Solid and liquid waste will be handled such that soil contamination and surface and groundwater contamination do not occur. The following environmental protection procedures will be implemented. 

Solid waste disposal procedures will comply with provincial solid waste management regulations, as well as any additional municipal and disposal facility requirements.



Hazardous wastes will be collected and disposed of in accordance with the appropriate regulatory requirements.



All necessary approvals and authorizations (e.g., hazardous waste generator numbers) to allow for the consignment of hazardous materials and wastes anticipated to be generated during decommissioning will be acquired. Hazardous waste materials will be shipped in accordance with applicable federal and provincial regulations.



No construction materials or debris are allowed to become waterborne. Any materials/ debris that enter the aquatic environment must be removed immediately and disposed of in an approved manner.



All temporary structures, piles, false works, debris, cofferdams and turbidity curtains (if used) will be removed from the waterway upon completion of the work. Any materials that are dredged during decommissioning are not allowed to re-enter the waterway.



No waste will be deposited in wetlands, watercourses, or migratory bird habitats.



The material to be removed from the dam is uncontaminated soil, rockfill, and construction debris and can be disposed of in areas requiring clean fill. The disposal location for the material will be identified by the Contractor, and must be approved by the applicable regulatory agencies prior to disposal. Opportunities to recycle the material will be preferred.



Domestic waste will be gathered and stored in closed containers to prevent the escape of windblown materials and will be clearly labeled as permitted waste. This includes food waste, which will also be stored in closed containers so not to attract wildlife. The Contractor will ensure sufficient waste containers are on hand to temporarily store wastes until they are transported for disposal at an approved waste management facility.



Paper, steel and metal scrap, cardboard, wood and tires will be collected separately and offered for recycling where facilities are available. Any surplus to the recycling activity will be disposed of at an approved waste disposal site.



Burning of materials onsite is prohibited.

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4.7

ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

4.4.8

Air Quality Control

Some decommissioning activities may temporarily result in the generation of small quantities of dust, noise and air pollution. Dust can be a nuisance and physically harmful to humans and wildlife. Noise from decommissioning activities close to residences may cause temporary disturbance to those residents. Emissions of conventional air contaminants and greenhouse gases will occur from the use of vehicles and equipment during decommissioning. The following environmental protection procedures will be implemented: 

Water will be the only dust suppressant used during periods when visible dust is generated.



If standard dust suppressant techniques are not effective (e.g., during periods of high winds), decommissioning activities may be modified to protect the health and safety of workers and the public in areas adjacent to the work area.



Watering for dust control will not result in the excessive formation of puddles, rutting by equipment or vehicles, tracking of mud onto roads, or siltation of watercourses.



Construction equipment will be maintained in good working order and properly muffled.



Noise-generating decommissioning activities will be restricted to daytime hours and smaller (less noisy) equipment will be used where practical.



Noise concerns raised by the public will be addressed on an individual basis in a timely manner.



Any unanticipated events (e.g., unplanned noise event due to faulty noise abatement on construction equipment) will be addressed by initiating immediate actions or mitigation measures likely consisting of conventional techniques to minimize or remediate the potential environmental effect.



Employers shall ensure that the exposure of employees to noise levels are kept as low as practical and does not exceed the following exposures1: Sound Level (dBA) 80 82 85 88 91 94 97 100

Duration Per Day (Hours) 24 16 8 4 2 1 ½ ¼

The Vehicle Idling Policy described below is intended to reduce the generation of greenhouse gases, unwanted noise and air pollutants, and should be followed to the extent reasonable. Idling Restrictions 

Turn off diesel construction equipment not in active use and dump trucks that are idling for 5 minutes or more.



Turn off all light-duty vehicles while unattended, or while not moving for 5 minutes or more.

1

Refer to article 30(1) on the following web page: http://www.gnb.ca/0062/regs/91-191.htm

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4.8

ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010



Restrict morning vehicle warm-ups to 3-5 minutes.



Establish a staging zone for trucks that are waiting to load/unload to minimize public exposure to emissions.



Locate idling equipment away from sensitive receptors such as fresh air intakes to buildings.

Exemptions to Idling Restrictions 

when the engine is required to power auxiliary equipment (e.g., hoist, lift, computers, safety lighting, and internal equipment);



extreme weather conditions (-10°C or below/ +30°C or above) or any other circumstance where heating or air conditioning is required for worker health and safety;



when the original equipment manufacturer specifically recommends a longer idling period for normal and efficient operation of the motor vehicle, in which case such recommended period shall not be exceeded;



for vehicle/ equipment maintenance and diagnostic purposes; and



assisting at an emergency scene.

4.4.9

Navigational Lighting

During the course of the decommissioning, navigation lights shall be maintained to mark the silt/turbidity curtain at an interval of no more than 200 m. Lights shall be added once the interval is greater than or equal to 200 m, and one of the leading edge of the dam as it is being removed. The lights shall have the following characteristics: 1. Two nautical mile flashing amber navigation light; 2. Made visible in all directions; 3. Displayed from dusk to dawn; and 4. Display a flash characteristic of (F1) 4S (one 0.5 second flash for every four seconds). 4.4.10 Erosion and Sedimentation Reduction Measures Increased suspended solids in water bodies can adversely affect aquatic habitat and fish. The release of suspended solids can occur during ground-breaking decommissioning activities, and be caused by erosion and high precipitation events. Reasonable efforts will be made to limit the mobilization and movement of suspended solids from the site during all decommissioning activities as follows.

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4.9

ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010



Erosion and sediment control measures will be installed according to the site’s topography and layout prior to the relevant decommissioning activity, where required, and as indicated in the construction documents.



The placement of erosion control measures along the shoreline may be preceded by an archaeological assessment of the shoreline if determined by an archaeologist to be warranted (e.g., Blueberry Point).



Any erosion protection measures on either side of the dam abutment will be constructed with light construction equipment with low tire pressures and limiting disturbance of the landward side of the shoreline.



The exposed soil area along the shoreline will be minimized by limiting the area that is exposed at any one time and by limiting the time that any one area is exposed. All stockpiled soil must be covered and/or dyked to prevent erosion or silty runoff from leaving the site.



The mobilization and movement of sediment instream will be minimized during decommissioning activities.



Any work to be conducted below the high water mark must be approved by the DFO Habitat Coordinator for the Region.



No equipment other than the bucket and arm of the excavator will be permitted to enter Eel River without the approval of NBENV and DFO.



Under no circumstances will any dredged material be permitted to re-enter the watercourse or headpond.



Disturbed sediment (i.e., exposed soil) within the work area will be stabilized as soon as practical.



Erosion and sediment control structures will be kept in place until all disturbed sediment has been stabilized sufficiently (i.e., until the water quality (suspended sediments) has reached acceptable levels).



Erosion control measures will be monitored and repaired as necessary throughout the course of decommissioning (Section 5.3).



The decommissioning schedule will include an appropriate amount of time for setting of fines. As a contingency measure, an environmentally acceptable flocculent may be used to accelerate the reduction in suspended sediment levels.



Once the disturbed sediment has been stabilized, the sediment control structures will be removed.



Erosion control structures will be monitored and remain in place until deemed to be no longer necessary (i.e., the area has been sufficiently stabilized).



Throughout decommissioning, the Contractor will implement all erosion and sediment control measures required, in accordance with any erosion and sediment control plans that may be developed for the Project.



Following the removal of the dam, the bed and banks of the waterway will be restored as close to their pre-dam contour as practical. The banks will be protected from erosion as necessary. Where appropriate, exposed soil will be replanted or sodded to ensure stabilization.

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4.10

ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

4.4.11 Traffic Management If determined by the Project Team that increased traffic to the Project area requires traffic management, a traffic management plan will be requested from the Contractor. The plan will be developed in consultation with the appropriate road authorities and local law enforcement (i.e., RCMP), and will adhere to New Brunswick Department of Transportation (NBDOT) traffic control regulations. Trucks shall follow spring weight restrictions and legal load weight limits will apply at all other times. All loads are to be properly secured on trucks during transit according to the Motor Vehicle Act and any spillage of material from hauling shall be kept to a minimum and promptly removed from the highway to prevent motor vehicles accidents. Nancy Lynch, Director of the Transportation Policy Branch shall be contacted at (506) 453-2802 to discuss the proposed transportation route for any possible restrictions regarding transporting of oversize or overweight equipment and/or material on provincial highway infrastructure. Flag persons, detours, safety barricades, fences, signs and/or flashers will be used as required in the area of road crossings. Where construction is being carried out in an area where an employee’s safety may be endangered by vehicular traffic, the employer shall ensure signalers have been trained by qualified trainers to control the flow of traffic2. The Work Area Traffic Control Manual (WATCM) provides a uniform set of traffic control guidelines for all work carried out on New Brunswick provincial roads. Any work that occurs within the right-of-way of a provincial road shall conform to the guidelines prescribed by this manual. To purchase a printed version of the new WATCM, please contact Traffic Operations at (506) 453-2924. 4.4.12 Species at Risk and Migratory Birds Protection Species at Risk are considered to be all species listed under Schedule 1 of the Canadian Species at Risk Act (SARA) and/or species listed under the New Brunswick Endangered Species Act. For this Project: 

No aquatic Species at Risk have been identified;



No vascular plant Species at Risk have been identified;



No wildlife Species at Risk have been identified;



Four (4) bird Species at Risk have been identified as At Risk under the New Brunswick Endangered Species Act (see Table 4.1 below);



Six (6) bird species were identified under SARA (see Table 4.1 below).

Migratory birds, all bird species listed in the Environment Canada publication Birds Protected in Canada under the Migratory Birds Convention Act, Canadian Wildlife Service Occasional Paper No. 1, are protected under the Migratory Birds Convention Act. It is against the law to destroy

2

Refer to article 91(1) on the following web page: http://www.gnb.ca/0062/regs/91-191.htm

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4.11

ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

or disturb an active nest of any migratory bird, or to take or handle nests, eggs, or nestlings. The following environmental protection procedures will be implemented. 

The Project should not result in a non-permitted prohibition of SARA or a violation of the New Brunswick Endangered Species Act.



A pre-construction field survey must be conducted to confirm that Yellow Rail (Coturnicops noveboracensis), listed as a species of special concern under SARA, is not actively nesting in the impoundment. Should the survey identify active nests in the impoundment area, the Project schedule must be finalized so that physical decommissioning activities are initiated at the end of the nesting season (i.e., once birds have left and nests are no longer active). The results of the survey are to be submitted to NBENV and Environment Canada (Canadian Wildlife Service [CWS]) for review, and NBDSS must receive approval from NBENV prior to proceeding to Stage 2 of the Project.



Contractor personnel will be made aware that migratory birds and their nests, eggs, and nestlings are protected under the Migratory Birds Convention Act.



Contractor personnel will be made aware that Species at Risk are protected by the Species at Risk Act.



Contractor personnel will be advised of Species at Risk potentially occurring at or adjacent to the site. Construction crews will be provided with environmental training to ensure personnel have a broad awareness of these species (e.g., Yellow Rail).



Contractor personnel will avoid disturbing Species at Risk, migratory birds and their nesting areas at and near the Project site.



The excavation activities will be conducted to minimize the potential environmental effects on nesting waterfowl.



Only designated roads and access will be used. Off road vehicle travel will be limited.



The site will be kept clean of food debris and garbage to limit wildlife encounters.



If any Species at Risk are identified at or near the site, activities in the area of the identification will be suspended and Environment Canada (CWS) will be consulted. The need for protection procedures and mitigation, and the approval to resume work will be at the discretion of Environment Canada.



In the unlikely event that a migratory bird is affected by a Project-related hazardous material spill, Environment Canada (CWS) will be consulted regarding the proper procedures to address this matter.

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ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

Table 4.1

Migratory Birds Identified in the Eel River Dam Area under the New Brunswick Endangered Species Act (NB ESA) and/or Species at Risk Act (SARA)

Name Bald Eagle (Haliaeetus leucocephalus)

Rank NB ESA: Regionally Endangered SARA: Not considered at risk

Peregrine Falcon (Falco peregrines anatum)

NB ESA: Endangered SARA: Threatened

Piping Plover (Charadrius melodus)

NB ESA: Endangered SARA: Endangered

Harlequin Duck (Histrionicus histrionicus) Yellow Rail (Coturnicops noveboracensis) Barrow’s Goldeneye (Bucephala islandica)

NB ESA: Endangered SARA: Species of Special Concern SARA: Species of Special Concern

SARA: Species of Special Concern

Comment Eagles may occasionally visit the Assessment area, but it is not considered critical habitat for the species. There is currently no reasonable risk for pathway interaction between the Project and the Peregrine Falcon, but have been observed in the general area. The Eel River areas does not currently provide habitat. Observations of the bird have been made in the in the sandy portion of the estuary below the dam, and on the seaside of the Eel River Bar. Area may be suitable for foraging, but no observations have been made in the Eel River areas. Has not been observed in the assessment area, but has been identified by call. Has been observed in the Eel River estuary (below dam) and in Eel Bay. Known to winter in estruaries and bays in the Maritime provinces.

4.4.12.1 Aboriginal Heritage Gardens Protection Mitigation measures may be required to ensure that the Aboriginal Heritage Gardens is protected. The shoreline will be monitored for erosion and, if necessary, erosion control measures will be implemented.

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ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

5.0

CONTINGENCY AND EMERGENCY RESPONSE PLANS

The overall objective of the Contingency and Emergency Response Plans is to ensure a safe, quick and effective response to unexpected and emergency situations. This objective is achieved by ensuring Project personnel are trained in emergency response procedures, response resources are available, and an effective communications and reporting system is in place. The Contingency and Emergency Response Plans cannot prevent adverse environmental effects, but is a method of managing potential adverse environmental effects and should be followed in the event of an accident or unplanned event. All necessary precautions will be taken to prevent the occurrence of accidents, malfunctions and unplanned events that may occur throughout all stages of the Project and to minimize any environmental effects should they occur. 5.1

FUEL AND HAZARDOUS MATERIAL SPILL RESPONSE

For all emergency spills, site clean-up will be conducted according to the Risk-Base Corrective Action (RBCA, version 2.0) for Petroleum Impacted Sites in Atlantic Canada, established by the Atlantic PIRI Committee and accepted by the NBENV (PIRI 2006). The transfer of fuel from tanker trucks to storage tanks, vehicle accidents involving tanker trucks, and leaks from fuel storage tanks and associated lines all offer the potential for fuel spills. Other hazardous liquid products associated with equipment maintenance, such as hydraulic fluids, lubricating oil, solvents, and anti-freeze will be used in relatively small quantities. Storage and transfer is usually limited to small (215 L or smaller) self-dyked tanks, thereby limiting the potential magnitude and risk from potential spills. NBDSS will assume the overall responsibility of coordinating all spill clean-ups. All fuel, service vehicles, and surfactant booms must carry a minimum of 10 kg of commercial sorbent material, suitable for use on both soil and water. These materials will be applied to contain and recover spilled material, provided it is safe to do so. The fuelling truck operator will take responsibility for coordinating any accidental spills or leaks should they occur during fuelling. In developing the contingency plan, the Canadian Standards Association publication Emergency Preparedness and Response, CAN/CSA-Z731-03, was consulted.

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5.1

ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

Response Action Plan In the event of a hazardous material spill, the first person on the scene will implement the following procedures. 1. Ensure their own safety and, if possible and safe to do so, control danger to human life (i.e., remove ignition sources, cordon off the area). 2. If possible and safe to do so, cut off the source of the spill. 3. Immediately call for help, identify the material spilled, and implement appropriate safety procedures based on the nature of the hazard. 4. All spills, regardless of size, will be reported immediately to the Construction Manager (or Project Manager if the Construction Manager cannot be contacted immediately) after implementation of steps 1 to 3 above. 5. Obtain the assistance of others and begin to contain and clean-up the spill. 6. If the spill or leak is within 30 m of the wetland or a watercourse, regardless of size, work must be halted in the immediate area and the spill reported immediately to the Canadian Coast Guard (1-800-565-1633). The verbal report to the Coast Guard will include the location, amount and type of spilled product, status of clean-up, and intended method of disposal. 7. The Construction Manager will immediately report the spill or leak to the Bathurst NBENV office (506-547-2092). 8. Restoration of the site must be undertaken immediately, with the possible exception of the situation described in item #9 below. Any soil, gravel or other material that is contaminated must be removed and replaced with clean fill material of similar characteristic. All contaminated material must be disposed of in accordance with applicable regulations, guidelines and practices. 9. In the event of a hazardous material spill along a shoreline, contaminated soil will have to be excavated and disposed of in an appropriate manner. Depending on the potential of the location, the provincial regulator (Archaeological Services) may require that a licensed archaeologist be present as the soil is excavated in the event that the contaminated site contains archaeological material. If a hazardous materials spill is located in an area where it may rapidly become a threat to human health or wildlife safety (such as near a wellfield), concerns for health and safety will pre-empt concerns for any potential archaeological resource, and containment should proceed immediately, regardless of the presence of an archaeologist.

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ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

10. Responsibility regarding the continued monitoring of the area of the accidental release/spill and damage will be determined by the Stantec Consulting Ltd. Team. 5.2

DISCOVERY OF ARCHAEOLOGICAL OR HERITAGE RESOURCES

During ground-breaking activities, previously unknown archaeological or heritage resources may be discovered. Archaeological objects that may be discovered include human skeletal remains, projectile points (arrow heads), pottery, or structures. These features represent a valuable cultural resource and uncontrolled disturbance could result in loss or damage to these resources and the information represented by them. Response Action Plan In the event of an accidental discovery of a potential archaeological or heritage resources, the following procedures will apply: 1. Should any unusual materials be unearthed during the decommissioning activities, the findings will be reported to the Construction Manager. 2. If the material encountered is suspected to be an archaeological or heritage resource, work in the immediate area of the discovery will be stopped immediately. The area will be designated as out-of-bounds to all personnel and the public and access will be restricted by fencing, flagging tape or any other suitable materials on hand. 3. The Project Manager will be contacted. A licensed archaeologist will be contacted to investigate the find and determine its significance. Archaeological Services will be contacted for guidance on the proper mitigation of the resource. Should the discovery be a human remain (e.g., bone fragment), the local RCMP will be contacted immediately. 4. Work will only resume in the vicinity of the discovery once clearance has been received from the appropriate authorities and agencies. 5.3

EROSION CONTROL FAILURE

Inspection and monitoring of erosion control measures will be conducted regularly (i.e., daily during construction activities) by the Contractor, particularly before (when possible), during and after extreme precipitation events (or snow melts that result in visible overland flow of water). Any erosion control structures found to be damaged will be repaired immediately.

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5.3

ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

Response Action Plan In the event of an erosion control measure failure, the following procedures will be implemented. 1. The individual who discovers a failing or damaged erosion control structure will immediately attempt to repair the structure. 2. The Construction Manager will be notified. 3. The structure must be restored to working condition. 4. Should sedimentation persist, the Environmental Manager will be contacted. 5.4

GROUNDWATER OR SURFACE WATER CONTAMINATION

NBDSS must immediately notify the Manager of the Water Sciences Section, NBENV of any complaint(s) received regarding water quantity or quality problems. If an agreement as to the cause of water problems cannot be reached between NBDSS and the resident(s), NBENV will provide independent third party arbitration, the results of which will be binding on NBDSS and the owner of the affected water supply. A groundwater or surface water contamination emergency consists of any emergency such that: 

contamination of the water supply (public or private) exceeds drinking water standards or NBENV determines that the quality of the water supply presents an imminent threat to the public;



A chemical spill into a waterbody or on land occurs; and/or



A water shortage caused by a Project-related activity occurs.

Response Action Plan In the event of a groundwater or surface water emergency, the following procedures will be implemented. 1. NBENV will be contacted immediately and the nature of the emergency will be explained. 2. The NBDSS Project Manager will be contacted. 3. In the case of private well contamination, the affected residents will be contacted immediately by onsite staff. 4. A plan of action between NBENV and the Stantec Consulting Ltd. Team will be developed based on the specific situation. Mitigation measures must be approved by NBENV prior to implementation.

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5.4

ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

5. NBDSS will be responsible for remediating the situation, including provision of an alternative water supply if needed. Note: In the event of a hazardous materials spill, the steps outlined in Section 5.1 of this document will be followed. 5.5

EXTREME WEATHER EVENTS

Measures will be taken to minimize potential environmental effects during extreme weather events as follows. 

The Project schedule will be designed in anticipation of weather induced delays



Work will be scheduled to avoid periods of heavy precipitation.



The Contractor will suspend work if extreme weather conditions exist that would either jeopardize worker safety or compromise environmental protection measures in place and pose an undue risk to the environment during decommissioning.



It is the responsibility of the contractor to monitor weather events and adjust activities accordingly.

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5.5

ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

6.0

KEY CONTACT LIST

The following section lists key organizations and/or individuals that may be contacted during emergency situations or regarding regulatory issues. The Contractor contact personnel will be identified as the Project is finalized and specific stages of work proceed. Agency Emergency Contacts Royal Canadian Mounted Police Royal Canadian Mounted Police (non-emergency) Emergency Accident Response Fire Departments Hospital St. Joseph Community Health Centre Campbellton Regional Hospital

Area/ Contact All Areas District 9 – Campbellton

911 (506) 789-6000

All Areas All Areas

911 911

280 Victoria Street, Unit #1 Dalhousie, NB 189 Lily Lake Road Campbellton, NB

(506) 684-7000 (information) (506) 789-5000 (information)

Environmental Emergencies and Spills Canadian Coast Guard Maritimes Environmental Emergency Response Regulatory and Municipal Contacts Environment Canada Atlantic Laboratory for Environmental Testing Fisheries and Oceans Canada Fish Habitat Program, Moncton Government of New Brunswick NBENV - General Inquiries NBENV – Environmental Assessment Branch Kim Edmondson NBENV - Bathurst Regional Office, Paul Fournier, Regional Director NBENV - Fredericton Regional Office, Serge Gagnon, Director NBDOT - District 2 (Miramichi), Andy Legérè, Acting District Engineer NBDNR - General Inquiries Archaeological Services - General Inquiries Project Contacts Project Manager Yvon Cormier (NBDSS) Construction Manager To be determined Environmental Manager Chris Blair (Stantec Consulting Ltd.) NB Power Dalhousie Generating Station

Contact Information

Malcolm Manderville, General Manager (Chemical Control)

(800) 565-1633

(506) 851-2129 (506) 851-7768 (506) 453-2690 (506) 444-5382 (506) 547-2092 (506) 444-5149 (506) 547-2144 (506) 453-2207 (506) 444-4746 (506) 764-2420 (506) 457-3224 (w) (506) 447-0954 (c) (506) 684-6033

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6.1

ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

7.0

FOLLOW-UP PROGRAM

An important component of EMP for the Project is the Follow-up Program, the requirements of which are outlined in Condition of Approval (d). 7.1

TERMS OF REFERENCE

The main objectives of the Follow-up Program are to: 

Verify the environmental effects predictions, including the effectiveness of mitigation;



Provide an early warning of undesirable change; and



Improve understanding of environmental cause and effect relationships.

The Follow-up Program includes the environmental components listed below, which were selected based on commitments made in the EIA Report and the requirements of the Conditions of Approval: 

Terrestrial environment (including wetlands and vegetation, and Species at Risk and migratory birds);



Groundwater and surface water resources;



Public health and safety;



Sewer and drainage outfalls;



Fish and fish habitat;



Clam and clam habitat;



Erosion control;



Current use of land and resources for traditional purposes by Aboriginal persons; and



Archaeological and heritage resources.

The Follow-up Program will be divided into stages that correspond with the Project phases. A preliminary overview of the approach for each environmental component of the Follow-up Program is provided in the sections below. The Follow-up Program will be filed with NBENV as part of the EMP and provided to the stakeholders and ERBFN for review, prior to the commencement of decommissioning activities. Feedback from these groups will be considered in finalizing the Follow-up Program. Should modification to the Follow-up Program be required throughout the course of each phase and subsequent review, adjustments to the Program(s) will be made and the appropriate authorities will be notified. Follow-up and monitoring activities will be carried out by qualified personnel and using standard protocols, as appropriate.

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7.1

ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

7.2

TERRESTRIAL ENVIRONMENT

7.2.1

Wetlands and Vegetation

7.2.1.1 Re-Vegetation and Vegetation Objective: To assess erosion protection measures, the re-vegetation of shoreline areas will be monitored to determine if the vegetation is established as required. If deemed necessary, other measures will be implemented to rehabilitate the shoreline. Monitoring will finish when shoreline conditions are deemed to have stabilized. Additionally, the Follow-Up Program will monitor the re-establishment of saltwater marsh communities in the area of the impoundment. Project Stage: Post-Stage 2 Method: A wetland and vegetation survey will be conducted along the shorelines to assess revegetation and Species at Risk. Surveys may be conducted on foot and/or from canoe. Shorelines will also be re-surveyed for Species at Risk at later dates through visual inspections conducted during other environmental surveys (bird, archaeology, water salinity, etc). During these surveys, observations of any other rare or endangered species will be noted and the need for additional monitoring will be determined in consultation with NBENV and Environment Canada. 7.2.2

Species at Risk and Migratory Birds

7.2.2.1 Yellow Rail (Coturnicops Noveboracensis) Objective: Field survey to confirm that Yellow Rail (Coturnicops noveboracensis), listed as a species of special concern under SARA, is not actively nesting in the impoundment. Project Stage: Stage 1 Method: Surveys will likely be planned for the early June to mid-July 2009 timeframe to coincide with the breeding/nesting period of this species, and will consist of 1-2 surveys per week over the month long period. Surveys will be conducted in the evening, which is when this species is most active. Should the survey identify active nests in the impoundment area, the Project schedule must be finalized so that physical decommissioning activities are initiated at the end of the nesting season (i.e., once birds have left and nests are no longer active). The results of the survey are to be submitted to NBENV and Environment Canada (Canadian Wildlife Service [CWS]) for review, and NBDSS must receive approval from NBENV prior to proceeding to Stage 2 of the Project. While conducting the Yellow Rail surveys, observations of any other rare or endangered species will be noted and the need for additional mitigation/monitoring will be determined in consultation with NBENV and CWS.

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7.2

ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

7.2.2.2 Migratory Birds Objective: The purpose of this monitoring is to document shifts in bird species present and especially to identify breeding behaviour and document the fate of Species at Risk and other rare or endangered species that are currently present, and to document use by new Species at Risk and other rare or endangered species. Project Stage: Post-Stage 2 Method: The post-decommissioning Follow-Up Program for migratory birds will focus on Species at Risk and other rare or endangered species. Follow-up will document habitat use and focus on changes in the occurrence of such species (predicted to be positive) that may occur as a result of the Project. Changes in bird species use (i.e., species present and behaviour) should be apparent in the first year following the initial opening (i.e., in the year following Stage 2). The transition to marine shoreline habitat is expected to proceed very quickly and it is likely that appropriate nesting behaviour should be evident at that time. Therefore, spring and fall monitoring will be scheduled for two years following restoration of tidal flow. 7.3

GROUNDWATER AND SURFACE WATER RESOURCES

7.3.1

Surface Water

7.3.1.1 Water Quality Objective: Follow-up monitoring for water quality will be conducted to identify changes in surface water quality (including total suspended solids (TSS), faecal coliforms, E. coli and enterococci). Faecal coliforms will be monitored in the estuary to confirm the positive environmental effects that have been predicted. Additionally, TSS levels will be monitored to help inform the erosion control methods. TSS levels should be consistent with CCME Guidelines, which state that human activities should not cause suspended solid levels to increase by more than 10% of the natural conditions expected at that time. In Stage 2 of the Project, following 150 m section removal and before removal of siltation control measures, the TSS levels will indicate when it is appropriate for the siltiation control measures to be removed (after TSS levels in the excavation area have reduced to acceptable levels). The water quality monitoring plan will include water quality sampling before, during Stage 2, and post Stage 2 project activities. The monitoring plan will include TSS. E. coli, and enterococci sampling at all sampling locations. This water quality monitoring plan will also cover the water quality aspects of the fish and fish habitat follow up program.Should the monitoring program identify a change in surface water quality below the accepted criteria as determined by regulatory agencies, NBDSS will ensure the ERBFN and general public are notified of any potential risks to human health and implement mitigation measures to address the issue. Such mitigation must be approved by the Director, Project Assessment and Approvals Branch, NBENV, prior to implementation.

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7.3

ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

Project Stage: During Stage 2 and during the spring freshet the first year after, routine monitoring of Total Suspended Sediments (TSS) will be conducted as necessary. Faecal coliforms will be monitored post-decommissioning. The faecal coliform monitoring program will be conducted 1 year and 3 years after decommissioning. Method: The Follow-Up Program will include the monitoring of TSS, faecal coliforms, E.coli, and enterococci. Water samples will be collected and submitted for laboratory analysis. Samples will be collected either using a battery-operated water pump connected to a submersible hose with the intake placed at mid depth of the water column, or using a discrete water sampler (horizontal Alpha water sampler). Both of these techniques are widely used and considered to be reliable. Water quality samples were taken in 2004 and 2005 at several stations (U1 – 7 and TD 1 - 4). To the best degree possible, these stations will be used again. (Appendix C) 7.3.2

Groundwater

Objective: Monitoring of groundwater for all private wells that could potentially be affected by decommissioning activities will be conducted to identify changes. In the event that the water quantity or quality of residential wells is affected by the projected, NBDSS will investigate and potentially rectify the situation, including provision of an alternative water supply (e.g., drilling a new well or hook-up to the municipal drinking water system). Project Stage: Stage 1, Stage 2 and post-Stage 2. Method: Baseline groundwater monitoring must be conducted for all private wells that could potentially be affected by activities. NBDSS must immediately notify the Manager of the Water Sciences Section, NBENV of any complaint(s) received regarding water quantity or quality problems. If an agreement as to the cause of water problems cannot be reached between NBDSS and the resident(s), NBENV will provide independent third party arbitration, the results of which will be binding on NBDSS and the owner of the affected water supply. 7.4

PUBLIC HEALTH AND SAFETY

Objective: A pre-decommissioning geodetic survey program will be carried out to confirm predictions that no infrastructure lies below 3.4 m proximal to the estuary. Additionally, a postdecommissioning monitoring program will be developed for faecal coliforms in the estuary to confirm the positive environmental effects that have been predicted (see Section 7.3.1.2 above for details). Project Stage: Stage 1 and post-Stage 2. Method: A geodetic survey will be completed by Boissonnault McGraw in early spring and 1 and 3 years following Stage 2. See Section 7.3.1.2 above for details on monitoring faecal coliforms.

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7.4

ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

7.5

SEWER AND DRAINAGE OUTFALLS

Objective: To determine the need for mitigation measures to ensure the continued operation of all sewer and drainage outfalls along the Eel River that could be affected by the Project. Project Stage: Stage 1 – Survey of Eel River is complete for sewer and drainage outfalls and no mitigation measures are required at this time. It is possible that once the 150 m section of dam is removed in Stage 2, further sewers and/or drainage outfalls will be identified. Mitigation measures will be employed at that time if necessary. Method: A review of all sewer and drainage outfalls along the Eel River that could be affected by the Project will be completed. Should the need for mitigation measures to ensure their continued operation be identified, they will be implemented prior to the commencement of Stage 2 activities. This information will be submitted to the NBENV for review and approval prior to the commencement of Stage 2 activities. 7.6

FISH AND FISH HABITAT

7.6.1

Total Suspended Sediments

Objective: Follow-up monitoring for total suspended solids (TSS) will be conducted to identify changes. TSS levels should be consistent with CCME Guidelines, which state that human activities should not cause suspended solid levels to increase by more than 10% of the natural conditions expected at that time. Project Stage: Post-Stage 2 and during levels of high water flow the first year after decommissioning, routine monitoring of TSS will be conducted as necessary. Method: See section 7.3.1.1 7.6.2

Bacteria

Objective: Bacteria (faecal coliform) in the water will be monitored to determine if the shellfish harvesting area is improving. Project Stage: Post-Stage 2. Method: See Section 7.3.1.1 7.6.3

Sediment Quality

Objective: Sediment quality will be monitored to determine if concerns are being rectified and if the shellfish harvesting area is improving.

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7.5

ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

Project Stage: Post-Stage 2. Method: Sediment quality (i.e., grain size) will be assessed by taking core samples in mudflat areas (including clam habitat) upstream and downstream of the current dam location 2, 5 and 10 years after decommissioning. Manual sediment core samplers will be used. From each core, a 1 cm section will be taken at every 5 cm depth interval and composited into a sample for analysis. The remaining sediment from each sample will be archived. All samples will be analyzed for grain size, ammonia, and total organic carbon (TOC). In June 2004, nine core samples were taken (C1 – 9). To the best degree possible, these stations will be used again (Appendix D) 7.6.4

Clams

Objective: Follow-up monitoring of clam habitat will be conducted to assess improvement of habitat for softshelled clams (Mya arenaria) upstream and downstream of the dam (one of the three Project Objectives). As clams are of great interest to ERBFN, they have been selected as the fishery resource to monitor under condition d) in the EIA Conditions of Approval (iv) Fisheries resources - to monitor impacts/changes resulting from the project on selected fishery resources and as per the Follow-up Program proposed in the EIA Report. Project Stage: Post-Stage 3, at 2, 5, and 10 years after dam removal. Method: As the clam habitat was affected by sedimentation on clam beds and the presence of sewage-related bacteria, refer to Section 7.6.3 and 7.3.1.1 above for methods to monitor clam habitat. To determine the abundance and distribution of clams in the Eel River Bar area, work will be conducted during the ebb tide and continued into the flood tide until the water is too deep to dig clams. All of the sampling quadrats will be sub-tidal. Clams will be divided into two groups. The first group are sub-legal clams ranging in size from 0 m to 50 mm and the second group are legal clams greater than 51 mm. Upstream of the dam, a pre-survey will be conducted to determine in which area(s) random quadrats will be sampled for the Follow-up Program and monitoring activities. In addition, local Aboriginal persons and residents in the area may be questioned regarding the areas of the clam fishery in the past to determine the location of sampling quadrats upstream of the dam. Downstream of the dam, a pre- and post-dam removal comparison on the abundance of clams will be conducted. Random quadrats will be placed along the same transects in areas surveyed in 2004 for the EIA study (Figures 7-1 and 7-2) on the condition that the sediment grain size has remained relatively unchanged (i.e. it did not change to gravel). Clam surveys will be conducted in the summer during a spring tide (large tide that occurs during the new and full phases of the moon) at low water as was done for the 2004 survey. If the sampling areas have changed in regard to sediment grain size, then a pre-survey will be conducted to establish where the clams are now located.

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7.6

ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

Figure 7.1

Locations of clam transacts conducted in 2004 o The white lines are the transect lines spaced at 20m. o The black dots are the quadrat stations.

Figure 7.2

Locations of clam samples conducted in 2004 o The black and white dots are the areas that were sampled during the preliminary survey o The white shaded area is where local residents stated the clam fishery took place in the past.

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7.7

ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

7.7

EROSION CONTROL

Objective: To assess erosion protection measures, channel evolution and unplanned erosion along the shoreline of the estuary (including in near the Aboriginal Heritage Gardens) will be monitored. If deemed necessary, signs of erosion will be addressed through erection, repair and/or reinforcement of erosion control measures as required. This monitoring will continue following decommissioning until conditions are deemed to have stabilized. Project Stage: During and post-Stage 2. Method: A survey will be conducted along the shorelines to assess erosion protection measures. Shorelines will also be re-surveyed for unplanned erosion at later dates through visual inspections conducted during other environmental surveys (e.g., bird, archaeology). During these surveys, observations of any unplanned erosion will be noted and the need for additional monitoring will be determined in consultation with NBENV and Environment Canada. 7.8

CURRENT USE OF LAND AND RESOURCES FOR TRADITIONAL PURPOSES BY ABORIGINAL PERSONS

Objective: The Follow-Up plan will monitor the predicted positive changes to the Current Use of Land and Resources for Traditional Purposes by Aboriginal Persons as a result of the Project. Project Stage: Post-Stage 2. Method: Engage First Nations to determine an appropriate methodology. 7.9

ARCHAEOLOGICAL HERITAGE RESOURCES

Objective: The purpose of the Follow-Up Program is to determine the condition of any newly exposed heritage resources in the current impoundment, along the shoreline and in/along upriver portions that were flooded as a result of the dam. Project Stage: Stage 1 and post-Stage 2. Method: Before decommissioning, the placement of erosion control measures along the shoreline may be preceded by an archaeological assessment of the shoreline if determined by an archaeologist to be warranted (e.g., Blueberry Point). The location of any staging area(s) will undergo an archaeological survey and testing, as required. After Decommissioning, all exposed shoreline areas that are presently covered in water by the impoundment, will undergo a comprehensive archaeological survey.

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7.8

ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

During Stage 2, the water level in the impoundment area is expected to revert rapidly to predam level, and thus sections of newly exposed shoreline, floodplain and islands may be subject to erosion. A field investigation must be developed and conducted by a professional archaeologist immediately following decommissioning (as soon as conditions safely permit). If any archaeological sites are encountered during this survey, their condition will be evaluated in relation to the potential threat of erosion and from unauthorized digging, theft of artifacts, and other future human activity/development once exposed. The field investigation (and subsequent final report) must meet the requirements of the Project Executive, Archaeological Services of the Department of Wellness, Culture, and Sport.

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7.9

ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT – NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES February 19, 2010

8.0

SUMMARY

The purpose of the proposed Environmental Management Plan is to provide protection of the environment at each of the three stages of the Project. The included EPP is designed to ensure that construction and operation-related commitments of the EIA and other regulatory permits are followed. The EMP and its supporting documents and procedures will be submitted to the Director of Project Assessment Branch at NBENV and other regulatory authorities for review and approval prior to the initiation of Stage 2 of the Project.

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8.1

APPENDIX A Conditions of Approval (NBENV)

APPENDIX B Copy of Environmental Requirements (INAC Screening Report)

APPENDIX C Figure 3.4.2 – Location of Water Sampling Stations in 2004 and 2005 (From: “Final Report – Environmental Impact Assessment for the Removal of the Eel River Dam” [dated March 31, 2006])

APPENDIX D Figure 3.2.4 – Location of Sediment Sampling Stations and Sections in 2004 (From: “Final Report – Environmental Impact Assessment for the Removal of the Eel River Dam” [dated March 31, 2006])

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