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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


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ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT

NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICESFebruary 19, 2010

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Table of Contents

1.0

INTRODUCTION ................................................................................................................ 1.1

1.1

BACKGROUND .................................................................................................................. 1.1

1.2 OBJECTIVES OF THE EMP ............................................................................................... 1.2

1.3 ORGANIZATION OF THE EMP .......................................................................................... 1.3

2.0 ENVIRONMENTAL REQUIREMENTS ............................................................................... 2.1

2.1 REGULATORY ENVIRONMENT ........................................................................................ 2.12.1.1 Federal Legislation ............................................................................................... 2.12.1.2 Provincial Legislation ........................................................................................... 2.12.1.3 Municipal Legislation ............................................................................................ 2.1

2.2 ENVIRONMENTAL COMMITMENTS ................................................................................. 2.2

2.3 REVIEW OF REQUIRED ENVIRONMENTAL APPROVALS ............................................. 2.32.3.1 Watercourse and Wetland Alteration Permit ........................................................ 2.3

2.3.1.1

Landowner Permissions ....................................................................................... 2.3

2.3.2 Licence of Occupation ......................................................................................... 2.32.3.3 Indian ActLand Use Permit ................................................................................. 2.32.3.4 Navigable Waters Protection ActApproval .......................................................... 2.3

2.4 KNOWN ENVIRONMENTAL APPROVALS REQUIRED FOR THE PROJECT ................. 2.4

2.5 MANAGEMENT OF ENVIRONMENTAL COMMITMENTS ................................................ 2.42.5.1 Environmental Management Plan ........................................................................ 2.42.5.2 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 .................................................................................................................. 3.23.1.2 Permitting and Planning ....................................................................................... 3.23.1.3 Communication .................................................................................................... 3.33.1.4 Stage 2a: Shoreline Protection ............................................................................ 3.33.1.5 Stage 2b: Dam Removal (150 m section) ............................................................ 3.3

3.2 STAGE 3: REMOVE REMAINDER OF DAM ..................................................................... 3.4

4.0 ENVIRONMENTAL PROTECTION PLAN ......................................................................... 4.1

4.1 PURPOSE OF ENVIRONMENTAL PROTECTION PLAN ................................................. 4.1

4.2 STRUCTURE AND CONTENT OF THE ENVIRONMENTAL PROTECTION PLAN .......... 4.1

4.3

ENVIRONMENTAL COMPLIANCE .................................................................................... 4.2

4.4 MITIGATION MEASURES .................................................................................................. 4.34.4.1 Generic Mitigation Measures and Best Management Practices .......................... 4.34.4.2 Material Procurement ........................................................................................... 4.44.4.3 Notifications ......................................................................................................... 4.44.4.4 Site Access .......................................................................................................... 4.44.4.5 Temporary Work Room ........................................................................................ 4.54.4.6 Hazardous Material Storage, Handling and Disposal .......................................... 4.54.4.7 Waste Management ............................................................................................. 4.7


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4.4.8 Air Quality Control ................................................................................................ 4.84.4.9 Navigational Lighting ............................................................................................ 4.94.4.10 Erosion and Sedimentation Reduction Measures ................................................ 4.94.4.11 Traffic Management ........................................................................................... 4.114.4.12

Species at Risk and Migratory Birds Protection ................................................. 4.11

4.4.12.1Aboriginal Heritage Gardens Protection ............................................................ 4.13

5.0 CONTINGENCY AND EMERGENCY RESPONSE PLANS .............................................. 5.1

5.1 FUEL AND HAZARDOUS MATERIAL SPILL RESPONSE ................................................ 5.1

5.2 DISCOVERY OF ARCHAEOLOGICAL OR HERITAGE RESOURCES ............................. 5.3

5.3 EROSION CONTROL FAILURE ......................................................................................... 5.3

5.4 GROUNDWATER OR SURFACE WATER CONTAMINATION ......................................... 5.4

5.5 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 ........................................................................................ 7.27.2.1 Wetlands and Vegetation ..................................................................................... 7.27.2.1.1 Re-Vegetation and Vegetation ............................................................................. 7.27.2.2 Species at Risk and Migratory Birds .................................................................... 7.27.2.2.1 Yellow Rail (Coturnicops Noveboracensis) .......................................................... 7.27.2.2.2 Migratory Birds ..................................................................................................... 7.3

7.3 GROUNDWATER AND SURFACE WATER RESOURCES .............................................. 7.37.3.1 Surface Water ...................................................................................................... 7.37.3.1.1 Water Quality ....................................................................................................... 7.3

7.3.2

Groundwater ........................................................................................................ 7.47.4 PUBLIC HEALTH AND SAFETY ........................................................................................ 7.4

7.5 SEWER AND DRAINAGE OUTFALLS ............................................................................... 7.5

7.6 FISH AND FISH HABITAT .................................................................................................. 7.57.6.1 Total Suspended Sediments ................................................................................ 7.57.6.2 Bacteria ................................................................................................................ 7.57.6.3 Sediment Quality .................................................................................................. 7.57.6.4 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

7.9ARCHAEOLOGICAL HERITAGE RESOURCES ............................................................... 7.8

8.0 SUMMARY ......................................................................................................................... 8.1


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List of Tables

Table 2.1 Known Environmental Approvals Required for the Eel River Dam Removal

Project ................................................................................................................ 2.4

Table 2.2 Roles and Responsibilities of Parties Involved With the Implementation of theEel River Dam Removal Project ......................................................................... 2.5

Table 2.3 NBENV Reporting Schedule and Format for the Eel River Dam RemovalProject ................................................................................................................ 2.6

Table 4.1 Migratory Birds Identified in the Eel River Dam Area under the New BrunswickEndangered Species Act(NB ESA) and/or Species at Risk Act(SARA) ......... 4.13

List of Appendices

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

Appendix D Figure 3.2.4 Location of Sediment Sampling Stations and Sections


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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 hasalso 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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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 Regulation87-83 (EIA Regulation). The EIA Report wasapproved, 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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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 1.0Introduction provides the Project context and outlines the purpose andcontent of the EMP;

Section 2.0Environmental Requirements provides the regulatory framework andassociated permitting and approvals for the Project; a summary of the sources ofenvironmental commitments and strategy for tracking and managing the environmentalcommitments; 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 NBENVand schedule;

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

Section 4.0 Environmental Protection Plan prescribes the environmental protectionprocedures to be followed and mitigation measures to be implemented for the activitiesassociated with the Project;

Section 5.0 Contingency and Emergency Response Plans lays out the procedures tobe followed to ensure a safe, quick and effective response to unexpected and emergencysituations;

Section 6.0 Key Contact List lists key organizations and/or individuals that may becontacted 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 componentsincluded in the program.


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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 theProject.

Canadian Environmental Assessment Act (CEAA), administered by the CanadianEnvironmental 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 Provinc ial 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 CleanEnvironmental Act, administered by NBENV

Watercourse and Wetland Alteration Regulation, made pursuant to the Clean EnvironmentalAct, 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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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 theDraft Environmental Impact Assessment for the Removal of the Eel River Dam (JacquesWhitford 2006)

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

Navigable Waters Protection ActApproval (Transport Canada 2006)

Watercourse and Wetland Alteration permits (NBENV, upon issuance)

Any other applicable environmental permits, approvals and authorizations to be issued forthe 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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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 forthe 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, includingsurrounding 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 ActLand Use Permit

A Land Use Permit under section 28 of the Indian Actis 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 ActApproval

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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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, itsContractors, 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 RemovalProject

Project ActivityNBENV Permits/

Author izat ions RequiredNBDNR Permits/

Author izat ions Required

Addi tionalPermits/Authorizations

Required

Stage 1 Planning WAWA for GeotechnicalStudy

Stage 2a-ShorelineProtection

WAWA for shorelineprotection works andconstruction of Bailey bridgewithin 30 m of a wetland orwatercourse.

Licence of Occupation,Lease and CoastalLand Use

INAC Land Use Permit(to Enter onto ReserveLands)

Stage 2b Create150 m-wideOpening in Dam

WAWA for ConstructionActivity, Activity approval fromthe Project AssessmentBranch, Approval to Construct/ Operate

Licence of Occupation,Lease and CoastalLand Use; and

Quarry Permit

INAC Land Use Permit (toenter onto Reserve Lands),Navigable Waters Permit(Transport Canada),Provincial Department ofTransportation.

Stage 3 - RemoveRemainder of Dam

WAWA for ConstructionActivity, Activity approval fromthe Project AssessmentBranch

Licence of Occupation,Lease and CoastalLand 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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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 TrackingDatabase 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. StudyTeam (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 Responsibili ties of Parties Involved With the Implementation of the EelRiver Dam Removal Project

Party Roles and Responsib iliti es

NBDSS Overall Project Proponent, responsible for ensuring all environmental commitments andconditions are satisfied, including but not limited to: the EMP, Follow-up Program, and

all other required environmental permits, approvals, authorizations, licences, landownerpermissions, and dam removal.

Stantec Consulting Ltd.Team

Project management and implementation

NBENV ProjectAssessment Branch

Provincial and federal regulatory coordination, review and approval of all applicabledocuments as specified in the Conditions of Approval.

INAC Federal Responsible Authority


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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 long-

term 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 wetlandsupstream of the current dam location; and

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

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 tidalexchange to occur in a manner that is not substantially different (similar tidal prism, rangeand exchange) from the pre-dam condition. This opening should be located at the north endof 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 ice-jamming;

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

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

The Aboriginal Heritage Gardens should be protected; and


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During the implementation of the Project, sediment generated during the Decommissioningactivities 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 isprovided 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 Aboriginalcommunication/notification;

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

Preparation of an EMP (this document) to ensure that the environmental effects ofdecommissioning 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 includedin the construction documents as a condition of the contract that the Contractor must fulfill.

3.1.2 Permit ting 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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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 sect ion)

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 atemporary 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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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 induceddelays.

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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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 environmentalprotection procedures to be followed and implemented for their respective activity;

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

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

Communicate changes, additions or refinements to Project environmental protectionprocedures 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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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. Theenvironmental 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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4.4 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 municipalagencies are acquired for the areas of work prior to decommissioning.

NBDSS and the Contractor will ensure decommissioning activities are undertaken inaccordance 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 durationof the Project in accordance with applicable municipal, provincial and federal regulations.

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

Any materials or equipment used are to be marked in accordance with the CollisionRegulations of the Canada Shipping Actwhen 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 ofabsorbent pads until repairs are implemented.

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

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

Throughout decommissioning, the Contractor will implement all erosion and sedimentcontrol measures required, in accordance with any erosion and sediment control plans thatmay 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 duringdecommissioning activities. All Contractors and associated personnel will be made aware ofand respect these requirements where applicable to their direct involvement in the work.


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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 andproducers.

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 ofdecommissioning 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) 565-1633 must be advised sufficiently in advance of commencement of work or deploying orremoving 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 theaccepted criteria as determined by regulatory agencies, NBDSS will ensure the ERBFN andgeneral public are notified of any potential risks to human health and implement mitigationmeasures to address the issue.

NBDSS must immediately notify the Manager of the Water Sciences Section, NBENV of anycomplaint(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 existingroads without a requirement for clearing or road improvements. If additional access roadsare 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 aBailey bridge installed across the existing hydraulic control structure. Prior to heavyconstruction equipment accessing ERBFN lands, a Land Use Permit under Section 28 of theIndian Actwill be obtained and all conditions of the permit will be followed.


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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. Whereadditional work room is needed, the Contractor will consult with NBDSS representatives toacquire landowner approval to ensure an appropriate environmental review of the area isconducted prior to development or use of that area.

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

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

Any additional laydown areas should be in a previously disturbed area and avoidarchaeological resources, rare plants, migratory birds, wetlands, watercourses and otheridentified environmentally sensitive areas. The laydown areas would be designed to preventcontamination 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 petroleum-

based 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 manufacturers instructions andgovernment 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 Transportationof Dangerous Goods Act.

Storage and handling of hazardous materials will be in accordance with the PetroleumProduct Storage and Handling Regulation pursuant to the New Brunswick CleanEnvironment Act.


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Storage of hazardous materials will be in a designated, clearly marked area, comply withWHMIS 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 provincialregulations in effect at the time of disposal.

Maintenance and cleaning of mobile construction equipment will not be carried out nearresidential properties, on the dam, or within 30 m of any watercourse or wetland and with nopotential for POL materials to enter the watercourses or wetlands.

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

The Contractor will take every precaution to minimize spills and accidental releases of fueland hydraulic fluid from vehicles and equipment. All spills will be managed in accordancewith 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 andwater. For equipment consistently near water, this will include a surfactant boom. Thesematerials 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 (lifejackets, 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 residentialproperties, on the dam, or within 30 m of any watercourse or wetland.

Refueling must be conducted within an impermeable containment pad while the piece ofequipment 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 checkvalves, spaced to prevent backflow of fuel in the case of failures.


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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 steeland 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 managementregulations, as well as any additional municipal and disposal facility requirements.

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

All necessary approvals and authorizations (e.g.,hazardous waste generator numbers) toallow for the consignment of hazardous materials and wastes anticipated to be generatedduring decommissioning will be acquired. Hazardous waste materials will be shipped inaccordance 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 inan 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 constructiondebris and can be disposed of in areas requiring clean fill. The disposal location for thematerial will be identified by the Contractor, and must be approved by the applicableregulatory 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 ofwindblown materials and will be clearly labeled as permitted waste. This includes foodwaste, which will also be stored in closed containers so not to attract wildlife. TheContractor will ensure sufficient waste containers are on hand to temporarily store wastesuntil they are transported for disposal at an approved waste management facility.

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

Burning of materials onsite is prohibited.


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4.4.8 Air Quality Contro l

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 andwildlife. 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 highwinds), decommissioning activities may be modified to protect the health and safety ofworkers 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 timelymanner.

Any unanticipated events (e.g., unplanned noise event due to faulty noise abatement onconstruction equipment) will be addressed by initiating immediate actions or mitigationmeasures likely consisting of conventional techniques to minimize or remediate the potentialenvironmental effect.

Employers shall ensure that the exposure of employees to noise levels are kept as low aspractical and does not exceed the following exposures1:

Sound Level (dBA) Duration Per Day (Hours)

80 24

82 16

85 8

88 4

91 2

94 1

97

100

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 5minutes or more.

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

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


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

Establish a staging zone for trucks that are waiting to load/unload to minimize publicexposure 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, safetylighting, and internal equipment);

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

when the original equipment manufacturer specifically recommends a longer idling period fornormal and efficient operation of the motor vehicle, in which case such recommended periodshall 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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Erosion and sediment control measures will be installed according to the sites topographyand layout prior to the relevant decommissioning activity, where required, and as indicatedin the construction documents.

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

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

The exposed soil area along the shoreline will be minimized by limiting the area that isexposed at any one time and by limiting the time that any one area is exposed. Allstockpiled soil must be covered and/or dyked to prevent erosion or silty runoff from leavingthe 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 EelRiver without the approval of NBENV and DFO.

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

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

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 reachedacceptable levels).

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

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

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

Erosion control structures will be monitored and remain in place until deemed to be nolonger necessary (i.e.,the area has been sufficiently stabilized).

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

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


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4.4.11 Traffi c 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 bedeveloped 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 requiredin the area of road crossings. Where construction is being carried out in an area where an

employees 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 BrunswickEndangered 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

2Refer to article 91(1) on the following web page: http://www.gnb.ca/0062/regs/91-191.htm


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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 theNew Brunswick Endangered Species Act.

A pre-construction field survey must be conducted to confirm that Yellow Rail (Coturnicopsnoveboracensis), listed as a species of special concern under SARA, is not actively nestingin the impoundment. Should the survey identify active nests in the impoundment area, theProject schedule must be finalized so that physical decommissioning activities are initiatedat 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 fromNBENV prior to proceeding to Stage 2 of the Project.

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

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

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

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

The excavation activities will be conducted to minimize the potential environmental effectson 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 theidentification will be suspended and Environment Canada (CWS) will be consulted. Theneed for protection procedures and mitigation, and the approval to resume work will be atthe discretion of Environment Canada.

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


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Table 4.1 Migratory Birds Identified in the Eel River Dam Area under the New BrunswickEndangered Species Act(NB ESA) and/or Species at Risk Act (SARA)

Name Rank Comment

Bald Eagle(Haliaeetus leucocephalus)

NB ESA: Regionally Endangered

SARA: Not considered at risk

Eagles may occasionally visit theAssessment area, but it is notconsidered critical habitat for thespecies.

Peregrine Falcon(Falco peregrines anatum)

NB ESA: Endangered

SARA: Threatened

There is currently no reasonable riskfor pathway interaction between theProject and the Peregrine Falcon,but have been observed in thegeneral area.

Piping Plover(Charadrius melodus)

NB ESA: Endangered

SARA: Endangered

The Eel River areas does notcurrently provide habitat.Observations of the bird have beenmade in the in the sandy portion ofthe estuary below the dam, and on

the seaside of the Eel River Bar.Harlequin Duck(Histrionicus histrionicus)

NB ESA: Endangered

SARA: Species of Special Concern

Area may be suitable for foraging,but no observations have been madein the Eel River areas.

Yellow Rail(Coturnicops noveboracensis)

SARA: Species of Special Concern Has not been observed in theassessment area, but has beenidentified by call.

Barrows Goldeneye(Bucephala islandica)

SARA: Species of Special Concern Has been observed in the Eel Riverestuary (below dam) and in Eel Bay.Known to winter in estruaries andbays in the Maritime provinces.

4.4.12.1 Aborig inal Heritage Gardens Protect ion

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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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 smallquantities. 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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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 sitecontains 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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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

emp references eia.pdf

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