Disposal at sea permit PYR-00437-1
Canadian Environmental Protection Act, 1999
Notice is hereby given that the Minister of the Environment, pursuant to section 127 of the Canadian Environmental Protection Act, 1999 (CEPA), is issuing disposal at sea permit no. PYR-00437-1, authorizing the loading for disposal and the disposal of waste or other matter at sea. The permit is published in the Canadian Environmental Protection Act Registry on Tuesday, April 9, 2024. All documents referenced in this permit are available upon request by email at immersionpy-disposalatseapyr@ec.gc.ca.
1. Permittee: Fraser River Pile & Dredge (GP) Inc., New Westminster, British Columbia.
2.Waste or other matter to be disposed of: dredged material.
2.1.Nature of waste or other matter: dredged material consisting of sand.
3.Duration of permit: The permit is valid from June 16, 2024, to June 15, 2025.
4. Reference document: Material Management Plan (January 2024), as submitted in support of the permit application.
5. Loading site: South Arm of the Fraser River Estuary, British Columbia. The loading of dredged material authorized by this permit is restricted to the following locations: Sand Heads, Sand Heads Reach, Steveston Bend, and Steveston Cut, as described in the Material Management Plan referenced in paragraph 4.
6. Disposal site: Sand Heads disposal site (for sand only), bound by 49.10200º N, 123.34033º W; 49.10516º N, 123.31383º W; 49.09566º N, 123.31600º W; and 49.08700º N, 123.32733º W North American Datum of 1983 (NAD83).
7. Method of loading: Loading will be carried out using a suction dredge, a trailing suction hopper dredge, a clamshell dredge, and/or a crane equipped with a clamshell dredge.
8. Route to disposal site and method of transport: most direct navigational route from the loading site to the disposal site via pipeline, hopper scow/barge, flat scow/barge, and/or trailing suction hopper dredge.
9. Method of disposal: Disposal will be carried out by pipeline, bottom dumping, end dumping and/or hopper dredge.
10. Total quantity to be disposed of: not to exceed 1 500 000 cubic metres, place measure.
10.1. The procedures to measure or estimate quantities of dredged material disposed of at the disposal site are as stipulated in the Material Management Plan identified in paragraph 4.
11. Fees: The fee prescribed by the Disposal at Sea Permit Fee Regulations must be paid by the permittee in accordance with those regulations as modified according to the provisions of the Service Fees Act. The applicable fee rates for April 1, 2023, are in effect for the duration of this permit.
12. Inspection and records:
12.1. Pursuant to Part 10 of CEPA, the permittee and its contractors are subject to inspection by enforcement officers designated under CEPA.
12.2. The permittee must keep records of all loading and disposal activities aboard any ship involved with the disposal operations. The records must be accessible to enforcement officers designated under CEPA.
12.3. At all times, a paper or digital copy of this permit and of the document referenced in paragraph 4 must be available at the loading site and on all powered ships directly engaged in the loading and disposal operations. The documents must be accessible to enforcement officers designated under CEPA for the duration of this permit.
12.4. The permittee must retain records of all loading and disposal activities at its principal place of business in Canada for the duration of the permit and for 5 years following the expiry of the permit.
12.5. The loading or disposal at sea referred to under this permit must not be carried out by any person without written authorization from the permittee. The authorization must be accessible to enforcement officers designated under CEPA.
13. Reporting and notification:
13.1. The permittee must provide the following information, in writing, at least 48 hours before loading and disposal activities commence: name or identification number of ships, platforms or structures to be used to carry out the loading and/or disposal, name of the contractor including corporate and on-site contact information, and expected period of loading and disposal activities. The above-noted information must be submitted to the following:
For the Department of the Environment:
Environmental Protection Operations Directorate
Department of the Environment
Pacific and Yukon Region
101-401 Burrard St
Vancouver BC V6C 3R2
Email: immersionpy-disposalatseapyr@ec.gc.ca
For the representatives of potentially affected First Nations:
Musqueam Indian Band
6735 Salish Dr
Vancouver BC V6N 4C4
Email: esdreferrals@musqueam.bc.ca;
referrals@musqueam.bc.caTsleil-Waututh Nation
3178 Alder Crt
North Vancouver BC V7H 2V6
Email: referrals@twnation.caHwlitsum First Nation
PO Box 18613 Ladner PO
Ladner BC V4K 4V7
Email: info@hwlitsum.caKatzie First Nation
19700 Salish Rd
Pitt Meadows BC V3Y 2G6
Email: landopsreferrals@katzie.caKwantlen First Nation
23684 Gabriel Lane
Fort Langley BC V1M 2S4
Email: info@seyemqwantlen.caKwikwetlem First Nation
2-65 Colony Farm Rd
Coquitlam BC V3C 5X9
Email: referrals@kwikwetlem.comTs'uubaa-asatx Nation
PO Box 159
Lake Cowichan BC V0R 2G0
Email: info@lakecowichanfn.caLyackson First Nation
7973A Chemainus Rd
Chemainus BC V0R 1K5
Email: referrals@lyackson.bc.caSemiahmoo First Nation
16049 Beach Rd
Surrey BC V3Z 9R6
Email: mail@semiahmoofirstnation.org;
semiahmoojoanne@gmail.comTsawwassen First Nation
1926 Tsawwassen Dr
Tsawwassen BC V4M 4G2
Email: referrals@tsawwassenfirstnation.comCowichan Tribes
5760 Allenby Rd
Duncan BC V9L 5J1
Email: candace.charlie@cowichantribes.com;
referral.coordinator@cowichantribes.comSencot'en Alliance
Email: caddisflyer@gmail.comMalahat Nation
110 Thunder Rd
Mill Bay BC V0R 2P0
Email: referrals@malahatnation.comHalalt First Nation
7973 Chemainus Rd
Chemainus BC V0R 1K5
Email: halaltreferrals@gmail.comPenelakut Tribe
PO Box 360
Chemainus BC V0R 1K0
Email: josh.james@penelakut.caStz'uminus First Nation
12611 - A Trans Canada Highway
Ladysmith BC V9G 1M5
Email: roxanne.harris@stzuminus.com;
referral.coordinator@cowichantribes.com
13.2. The permittee must send all project-related notifications, in writing, to the First Nations identified in paragraph 13.1.
13.3. The permittee must provide the First Nations’ representatives identified in paragraph 13.1 at least 48 hours’ written notice of the work itinerary.
13.4. The permittee must submit a report of disposal activities, in writing, to the minister, as represented by the regional director of the Environmental Protection Operations Directorate, Pacific and Yukon Region. The report must be submitted four times: within 10 days after the first disposal activity; by August 10, 2024, for disposal activities up to July 31, 2024; by February 10, 2025, for disposal activities up to January 31, 2025; and, within 30 days after the expiry of the permit. Each report must contain a list of all work from the start of the permit, including the information from the previous report. The report must include the location of the loading and disposal sites, the quantity of matter disposed of at each disposal site, and the dates on which disposal activities occurred. The report must be sent to the regional director at any of the following coordinates:
Regional Director
c/o Elizabeth Boyle
Environmental Protection Operations Directorate
Pacific and Yukon Region
101-401 Burrard St
Vancouver BC V6C 3R2
Email: immersionpy-disposalatseapyr@ec.gc.ca
14. Special precautions:
14.1. The permittee must carry out project activities authorized by this permit in accordance with all procedures and mitigation measures outlined in the Material Management Plan referenced in paragraph 4.
14.2. Modifications to the Material Management Plan must be made only with the written approval of the minister, as represented by the regional director of the Environmental Protection Operations Directorate, Pacific and Yukon Region identified in paragraph 13.4.
14.3. The permittee must consult with the potentially affected First Nations listed in paragraph 13.1 on any modifications to the Material Management Plan.
14.4. The permittee must ensure that dredging, transportation, and disposal activities do not impede Fisheries and Oceans Canada’s authorized food, social and ceremonial fisheries for Indigenous Peoples.
14.5. The loading and disposal at sea activities referred to under this permit must be carried out in accordance with the following measures:
- Department of Fisheries and Oceans approved Marine Mammal Observer (MMO) (during the period from May 1, 2024, to October 31, 2024) or Officer of the Bridge (OB) (during the period from November 1, 2024, to April 30, 2025) must be dedicated to maintaining constant observations for detecting marine mammals in the ship’s vicinity prior to and during loading and/or disposal at sea activities in Southern Resident Killer Whale critical habitat:
- A killer whale “safety zone” must be established at a radius of 1000 metres from the vessels undertaking the loading and disposal activities
- Loading and disposal activities must be halted immediately if a killer whale enters the “safety zone”
- Loading and disposal activities can start, or resume, only after killer whales have not been observed in the “safety zone” for 30 minutes
- If work will be occurring at night or at times of poor visibility, killer whale observations must be conducted using a hydrophone to monitor for whale sounds in surrounding waters
- The MMO or OB must document observations of killer whales and ensure mitigation measures (e.g. work stoppages) are implemented
- If disturbance of any killer whale is observed within the “safety zone”, all operations must be suspended immediately and notification provided to the local Fishery Officer or the Department of Fisheries and Oceans reporting hotline at 1-800-465-4336.
- An environmental monitoring report must be submitted to the Department of Fisheries and Oceans, referralspacific@dfo-mpo.gc.ca, and to the minister, as represented by the regional director of the Environmental Protection Operations Directorate, Pacific and Yukon Region, identified in paragraph 13.4, within 30 days after the expiry of the permit. The report must include details on the loading and disposal activities in Southern Resident Killer Whale critical habitat and any observations from the MMO and OB including the following:
- date, time, position (latitude and longitude), and number of killer whale observations
- date and time of all work stoppages or start-up delays because of killer whales; and the numbers of animals
- detailed descriptions of all observations of killer whale disturbance or other impacts
On behalf of the Minister of Environment and Climate Change
Gevan Mattu
Regional Director
Environmental Protection Operations Directorate
Pacific and Yukon Region
Signed on March 27, 2024
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