Disposal at sea permit 4543-2-03610

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(Amendment(s): September 4, 2018; November 20, 2018; February 19, 2019)

Canadian Environmental Protection Act, 1999

Notice is hereby given that, pursuant to section 127 of the Canadian Environmental Protection Act, 1999 (CEPA), disposal at sea permit no. 4543‑2‑03610 authorizing the loading for disposal and the disposal of waste or other matter at sea is approved. The permit is published on the Canadian Environmental Protection Act Registry on Wednesday, December 27, 2017.

1. Permittee: Pacific Coast Terminals Co. Ltd., Port Moody, 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, silt and clay.

3. Duration of permit: permit is valid from September 17, 2018, to September 16, 2019.

3.1. The loading and disposal at sea activities are restricted to the following period(s): from September 17, 2018 to February 28, 2019 and from August 16, 2019 to September 16, 2019.

4. Loading site(s): Port Moody Arm, British Columbia, at approximately 49.29321° N, 122.87847° W North American Datum of 1983 (NAD83), as submitted in support of the permit application.

5. Disposal site(s): east of Pacific Coast Terminals turning basin, bound by 49.29099° N, 122.86279° W; 49.28991° N, 122.85759° W; 49.28723° N, 122.86484° W; and 49.28594° N, 122.85933° W (NAD83).

6. Method of loading: loading will be carried out using a cutter suction dredge, a trailing suction hopper dredge and a clamshell dredge.

7. Route to disposal site(s) and method of transport: most direct navigational route from the loading site to the disposal site via barge, scow, hopper dredge or pipeline.

8. Method of disposal: disposal will be carried out by clamshell dredge, cutter suction dredge and hopper dredge.

9. Total quantity to be disposed of: not to exceed 550 000 cubic metres, place measure.

10. Fees: the fee prescribed by the Disposal at Sea Permit Fee Regulations shall be paid by the permittee in accordance with those regulations.

11. Inspection:

11.1. By accepting this permit, the permittee and its contractors accept that they are subject to inspection pursuant to Part 10 of CEPA.

11.2. The permittee shall ensure that records of all loading and disposal activities are kept on site for the duration of the permit and are available for inspection by any enforcement officer or analyst, for two years following the expiry of the permit.

11.3. Ships operating under the authority of this permit shall carry and display a radar-reflecting device at all times mounted on the highest practical location.

12. Contractors:

12.1. The loading or disposal at sea referred to under this permit shall not be carried out by any person without written authorization from the permittee.

12.2. The permittee shall ensure that all persons involved in the loading, transport or disposal activities authorized by this permit conduct these activities in accordance with the relevant permit conditions.

13. Reporting and notification:

13.1. The permittee shall provide the following information at least 48 hours before loading and disposal activities commence: name or number of ship, platform or structure 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 shall be submitted to the following parties:

For the Department of the Environment:

Department of the Environment
Pacific and Yukon Region
201-401 Burrard St
Vancouver BC  V6C 3S5

By fax at 604‑666‑9059
Or by email at ec.immersionenmerrpy-disposalatseapyr@canada.ca

For the representatives of potentially affected First Nations:

1. Dianne Sparrow
   Intergovernmental Affairs Divisional Lead
   Musqueam Indian Band
   6735 Salish Dr
   Vancouver BC  V6N 4C4

   By fax: 604‑263‑4212
   Or by email: DBSparrow@musqueam.bc.ca

2. Simon Turner
   Intergovernmental Relations Natural Resources & Revenue
   Squamish Nation
   415 West Esplanade
   North Vancouver BC  V7M 1A6

   By fax: 604‑982‑0515
   Or by email:consultation@squamish.net

3. Amanda King
   Senior Referrals Analyst
   Tsleil-Waututh Nation
   3075 Takaya Dr
   North Vancouver BC  V7H 3A8

   By fax: 604‑929‑4158
   Or by email:aking@twnation.ca

13.2. The permittee shall submit a written report to the Minister, as represented by the regional director of the Environmental Protection Operations Directorate, Pacific and Yukon Region, at the address listed in paragraph 13.1, within 30 days after the expiry of the permit. This report shall contain the following information: a list of all work completed pursuant to the permit, including the location of the loading and disposal site(s) used, the quantity of matter disposed of at the disposal site(s), and the dates on which disposal activities occurred.

13.3. At all times, a copy of this permit and of documents and drawings referenced in this permit shall be available at the loading site and on all powered ships directly engaged in the loading and disposal operations.

14. Environmental protection plan:

14.1. The permittee shall prepare an environmental protection plan relating to the loading and disposal at sea activities authorized by this permit. The plan shall be approved by the Department of the Environment prior to the commencement of the first dredging operation to be conducted under this permit. Project activities shall be carried out in accordance with all procedures and mitigation measures outlined in the environmental protection plan. Modifications to the plan shall be made only with the written approval of the Department of the Environment.

14.2. The permittee shall consult with potentially affected First Nations listed in paragraph 13.1 a, b and c on any modifications to the environmental protection plan.

The environmental protection plan is available upon request by sending a written request to the following email address: ec.immersionenmerroy-disposalatseapyr.ec@canada.ca.

14.3. The permittee shall carry out loading and disposal at sea authorized by this permit in accordance with the environmental protection plan approved by the Department of the Environment under condition 14.1.

14.4 The permittee shall send all project-related notifications to Musqueam, Squamish and Tsleil Waututh First Nations identified in paragraph 13.1 a, b and c.

14.5. Whereas section 129(1) of CEPA provides that "a Canadian permit shall contain any conditions that the Minister considers necessary for the protection of marine life, any legitimate uses of the sea or human life” and whereas potentially affected First Nations have or assert marine harvesting and fishing rights, the permittee shall provide the First Nations representatives identified in paragraphs 13.1 a, b and c, at least 48 hours advance notice of the work itinerary. The identified First Nations shall also be notified in writing, at least 10 calendar days in advance, of the opportunity to be present during all pre-dredge, dredge and post-dredge monitoring conducted under the term of this permit.

Gevan Mattu
Acting Regional Director
Environmental Protection Operations Directorate
Pacific and Yukon Region

On behalf of the Minister of Environment and Climate Change

Signed on December 19, 2017