Partnership For The Sustainable Development of Digby Neck and Islands Society
Comments on the draft EIS guidelines submitted to the Panel Review
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Written Comments on

DRAFT GUIDELINES FOR EIS of

Whites Point Quarry and Marine Terminal Project

 

Submitted by Carol Mahtab

Sandy Cove, NS, B0V 1E0      

 

 

I am forwarding only the parts of the Draft document where I have made my suggestions.  This includes from Section 1.1 through Section 9.2.7.

My suggestions are in bold face and my explanations for these suggestions are in italics.

 

1.1 Preparation and Review of the EIS

 

The EIS Guidelines establish the issues that the Proponent must address in the EIS, how to describe and assess these issues, and how to structure the EIS. While the EIS Guidelines provide a framework for preparing a complete and accessible EIS, it is the responsibility of the Proponent to provide sufficient data and analysis to allow evaluation of the potential adverse environmental effects of the Project by the Panel, the public, and technical and regulatory agencies.

 

The Proponent will prepare an EIS that addresses the requirements of the EIS Guidelines for submission to the Panel. The Panel will then make the EIS available to the public and stakeholders, and will receive comments during a review period of not less than 60 days, to determine whether additional information must be provided before convening public hearings.  Should the public request an extension of this period, based on reasonable grounds, the Panel will extend the review period.  Comments made by the public or stakeholders pursuant to the review shall be filed in writing with the Panel. Written comments received pursuant to the public review shall be immediately provided to the Proponent by the Panel. The Proponent shall, as appropriate, provide to the Panel its response to the written comments not later than fifteen (15) days following completion of the period for public examination and comment. Should the Panel identify deficiencies after reviewing the EIS, and in consideration of any comments received from the public, stakeholders or the Proponent, the Panel may require additional information from the Proponent. Any request by the Panel for additional information shall be issued within fifteen (15) days following the expiration of the period for public examination and comment or fifteen (15) days following receipt of the Proponent's response to the written comments from the Public, whichever occurs later.

 

 

The Panel shall schedule and announce the start of public hearings once the Panel is satisfied that sufficient information has been provided. A minimum of thirty (30) days public notice will be provided prior to the start of the hearings.

1.2 Panel Report

 

As required in clauses 6.2 and 6.3 of the Agreement, following public hearings, the Panel will prepare and submit a report to the provincial Minister of Environment and Labour and the federal Minister of the Environment that includes recommendations on all factors set out in section 16 of the Canadian Environmental Assessment Act and, pursuant to Part IV of the Nova Scotia Environment Act, recommend either the approval, including mitigation measures, or rejection of the Project. As prescribed in the Agreement, the Panel shall deliver its Report to the Parties within ninety days (90) following the close of the public hearings.

 

2.0 The EIS as a Basis for Public Review

 

The purpose of the EIS Guidelines is to provide specific guidance to the Proponent on the content of the EIS document that will move the review process toward its objectives as set out in the Agreement. It will serve as the basis for the Panel's review of the Project and will enable any interested party, the public, and the Panel to understand and assess the potential adverse environmental effects of the Project.

 

To adequately describe the potential adverse environmental effects of the Project, the EIS must provide the following information:

 

   1. purpose of the Project;

   2. need for the Project;

   3. alternative means of carrying out the Project that are technically and economically feasible and the environmental effects of any such alternative means;

   4. alternatives to the Project;

   5. the location of the proposed undertaking and the nature and sensitivity of the surrounding area;

   6. planned or existing land use in the area of the undertaking;

   7. other undertakings in the area;

   8. the environmental effects (both positive and negative) of the Project, including the environmental effects of malfunctions or accidents that may occur in connection with the Project and any cumulative environmental effects that are likely to result from the Project in combination with other projects or activities that have been or will be carried out;

   9. the socio-economic effects of the Project;

  10. the temporal and spatial boundaries of the study area(s);

  11. comments from the public that are received during the review;

  12. steps taken by the Proponent to address environmental concerns expressed by the public;

  13. measures that are technically and economically feasible and that would mitigate any significant adverse environmental effects of the Project;

  14. follow-up and monitoring programs including the need for such programs;

  15. the capacity of renewable resources that are likely to be significantly affected by the Project to meet the needs of the present and those of the future; and

  16. residual adverse effects and their significance.

 

As an integral part of the joint review process, an executive summary must be provided which addresses each of the above listed sections. It must be written in clear, concise language, with minimum use of technical terminology. Summary tables and graphics must be considered as effective means of presenting data. The executive summary must be available in English and French. It must also be made available in electronic format to assist in distribution.

 

3.0 Consideration of Traditional Knowledge

 

Traditional knowledge, which is rooted in the traditional life of Aboriginal people, has an important contribution to make to an environmental assessment. This knowledge is based on personal observation, collective experience and oral transmission over generations. The Proponent must consider local traditional knowledge and expertise in preparing the EIS.  The Proponent must consider the complete traditional and professional knowledge of the fishers in preparation of the EIS, including the cumulative effects of the migratory patterns of all marine life in the whole Bay of Fundy/Gulf of Maine system.

For too long, the information from the fishermen, who are in the forefront of the industry, has been ignored.  This information and experience is crucial to the development of the concept of best practices in the fishery.

 

4.0 Preparation and Presentation of the EIS

 

This section sets out how the EIS is to address public participation as well as the study strategy, methodology and presentation. Through its EIS, the Proponent must demonstrate that it has addressed the considerations listed in Section 2.0.

 

4.1 Public Involvement

 

Public involvement is a central objective of the overall review process and a means to ensure that the Proponent addresses public concerns. In preparing the EIS, the Proponent must demonstrate how it has consulted with residents and organizations that are likely to be affected by the Project, and other parties who may be interested in the Project.  The Proponent must list the number of Focus Meetings held (i.e., meetings with fishers, fishplant operators and other fishing organizations, tourism and hospitality organizations), where held, and the number of participants at each meeting.

These records should be readily available from the Proponent.

 

The Proponent must describe in the EIS the objectives of this consultation, the methodology used, the results, and the ways in which the Proponent has addressed the concerns identified by using a concordance table.

 

Meaningful public involvement in the environmental assessment review can only take place if the public has a clear understanding of the proposed Project as early as possible in the review process. Therefore, the Proponent must:

 

   1. continue to provide up-to-date information describing the Project to the public and especially to the communities likely to be most affected by the Project by electronic means or through monthly newsletters and

   2. explain the results of the EIS in a clear direct manner to make the issues comprehensible to as wide an audience as possible (see Section 4.4).  These results must be clearly published in the local newspapers in the area affected by the Project, i.e., throughout the Bay of Fundy and Gulf of Maine boundaries.

The importance of information to the concerned stakeholders of the whole area is crucial.

 

4.2 Study Strategy and Methodology

 

The Proponent is expected to observe the intent of the EIS Guidelines and to identify and describe any significant adverse environmental effects caused by the Project, including situations not explicitly identified in these EIS Guidelines. It is possible that these EIS Guidelines include matters that, in the judgement of the Proponent, are not relevant or significant to the Project. If such matters are omitted from the EIS, they must be clearly indicated so that the public and other interested parties have an opportunity to comment on this judgement. Where the Panel disagrees with the Proponent's decision, it must require the Proponent to provide additional information.

The Panel must have full charge of the responsibility under its mandate.

 

The Proponent must explain and justify methods used to predict potential adverse environmental effects of the Project on each valued environmental component (VEC), which includes biophysical and socio-economic components, on the interactions among these components and on the relations of these components within the environment. The information presented must be substantiated. In particular, the Proponent must describe how VECs were identified and what methods were used to predict and assess the adverse environmental effects of the Project on these components. The value of a component not only relates to its role in the ecosystem, but also to the value placed on it by humans. The culture and way of life of the people using the area affected by the Project must themselves be considered VECs.  The value of the history of place, heritage, peace of mind and security of place must be included in a list of VECs.   The VECs should be identified by the Panel with the input from the public.

It should not be the Proponent who identifies VECs.  Clearly, this would be a conflict of interest.

 

In describing methodology, the Proponent must explain how it used scientific, engineering, traditional and other knowledge to reach its conclusions. Any assumptions made must be clearly identified and justified. All data, models and studies must be documented so that the analysis is transparent and reproducible. All data collection methods must be specified. The uncertainty, reliability and sensitivity of models used to reach conclusions must be indicated. The sections on the existing environment and on potential adverse environmental effects predictions and assessment must be prepared to the highest standards in the relevant subject area. All conclusions must be clearly identified and substantiated.

 

The EIS must identify all significant gaps of knowledge and understanding where they are relevant to key conclusions presented in the EIS. The steps to be taken by the Proponent to address these gaps must also be identified. Where the conclusions drawn from scientific and technical knowledge are inconsistent with the conclusions drawn from traditional knowledge, the EIS must contain a balanced presentation of the issues and a statement of the Proponent's conclusions.

The Guidelines need to define a “balanced presentation”.

 

4.3 Use of Existing Information

 

In preparing the EIS, the Proponent is encouraged to make use of existing information related to the Project. When relying on existing information to meet the requirements of various sections of the EIS Guidelines, the Proponent shall either include the information directly in the EIS or clearly direct (e.g. through cross-referencing) the Panel to where it may obtain the information (i.e. indicate documents and/or sections of documents and where it may be obtained if information not included in the EIS or supporting annexes). When relying on existing information, the Proponent must also comment on how representative the information or data is over space and time, and any limitations on the inferences or conclusions that can be drawn from them.

 

4.4 Presentation of the EIS

 

For clarity and ease of reference, it is suggested that the EIS be presented in the same order as the EIS Guidelines. However, in certain sections of the EIS, the Proponent may decide that the information is better presented following a different sequence. The EIS must include a guide that cross-references the EIS Guidelines with the EIS so that points raised in the EIS Guidelines are easily located in the EIS.

 

In the interest of brevity, the EIS should make reference to, rather than repeat, information that has already been presented in other sections of the document. A key subject index would also be useful and should reference locations in the text by volume, section and sub-section. As well, the names of the Proponent's key personnel and/or contractors and sub-contractors responsible for preparing the EIS shall be listed. Supporting documentation should be provided in separate volumes, and should be referenced by volume, section and page in the text of the main EIS. The Proponent should make the EIS text available in an electronic format to facilitate internet access.

 

The Proponent should present the EIS in the clearest language possible. However, where the complexity of the issues addressed requires the use of technical language, a glossary defining technical words and acronyms must be included. The Proponent must provide charts, diagrams and maps wherever useful to clarify the text, including perspective drawings that clearly convey what the developed Project site would look like.

 

4.5 EIS Summary

 

It is essential to the public hearings stage of the joint review that residents of those communities likely to be affected by the Project have an adequate understanding of the proposed Project and its potential adverse environmental effects. The Proponent must therefore prepare a plain language summary of the EIS that will provide the reader with a concise but complete overview of the EIS, including all the information listed in Section 2.0. This summary must be made available in English and French. The Proponent must also make the EIS summary available in an electronic format.

 

Part II Content of the EIS

 

Part II of the EIS Guidelines provides specific instructions for the content of each section of the EIS.

 

5.0 Introduction

 

This section must orient the reader to the EIS by briefly introducing the geographic setting, the Project, the underlying rationale for the Project, the Proponent, the joint federal and provincial review process and the content and format of the EIS.

 

5.1 The Setting

 

The Proponent must provide a concise description of the geographic setting in which the Project is proposed to take place. This description must integrate the natural and human elements of the Environment in order to explain the interrelationships between the physical and biological aspects and the people and their communities with specific attention to the close proximity of the affected villages.

 

5.2 The Project

 

The Proponent will briefly summarize the Project, its purpose, location, scale, components, activities, scheduling and costs. The Proponent must include the components outlined in the Terms of Reference of the Agreement.

 

5.3 The Proponent

 

This section should introduce readers to the Proponent with summary information on the nature of the management structure and organizational accountability for:

 

   1. the design, construction, operation and modification of the Project;

   2. the implementation of environmental mitigation measures and environmental monitoring with detailed plans, maps, and time sequences; and

   3. the management of potential adverse environmental effects over and beyond the lifetime of the project.

 

5.4 The Planning Context

 

The Proponent will identify the planning context for the environmental assessment of the Project. Policy and planning considerations, such as government policies, regulations, and land use plans that have a bearing on the Project must be discussed. The need for the environmental assessment under the Canadian Environmental Assessment Act and the Nova Scotia Environment Act must be identified.

The possible implications under the NAFTA must be discussed and clarified.

The NAFTA implications are important not only for this undertaking, but also for any future similar projects in the Province.

 

5.5 The Environmental Impact Statement

 

The Proponent must:

 

   1. briefly explain the environmental assessment review process in the context of the Panel's terms of reference included in the Agreement;

   2. describe the role of the EIS in the overall environmental assessment process; and

   3. provide an annotated table of contents for all volumes and background reports, and any other information that will help the reader find his or her way around the EIS.

 

6.0 Boundaries for the Environmental Assessment

 

Scoping establishes the boundaries of the environmental assessment and focuses the assessment on relevant issues and concerns. By defining the spatial and temporal boundaries, a frame of reference for identifying and assessing the environmental effects associated with the Project will be established. Different boundaries may be appropriate for each VEC.

6.1 Spatial Boundaries and Scale

 

In determining the spatial boundaries to be used in assessing the potential adverse and beneficial environmental effects, the Proponent will consider, but not be limited to, the following criteria:

 

   1. the physical extent (terrestrial and marine) of the proposed Project, including any offsite facilities or activities;  the spatial boundaries must include the Bay of Fundy/Gulf of Maine system;

   2. the extent of aquatic and terrestrial ecosystems (including flight patterns of migratory birds and shipping lanes in the Bay of Fundy) potentially affected by the Project;

   3. the extent of potential effects arising from noise, light and atmospheric emissions;

   4. land use for commercial, cultural, recreational and aesthetic purposes by communities whose areas include the physical extent of the Project; and

   5. the size, nature and location of past, present and reasonably foreseeable projects and activities which could interact with items b) and c).

 

These boundaries also indicate the range of appropriate scales at which particular baseline descriptions and the assessment of environmental effects must be presented. The Proponent is not required to provide a comprehensive baseline description of the environment at each of the above scales, but must provide sufficient detail to address the relevant environmental effects of the Project and the alternative means. The EIS must contain a justification and rationale for all boundaries and scales chosen.

 

6.2 Temporal Boundaries

 

In characterizing the environmental effects of the Project, the Proponent shall consider the current baseline environment and environmental trends within the study area. The description of the existing baseline and the environmental trends shall include a consideration of past projects and activities carried out by the Proponent and/or others within the study area.

 

In describing and predicting the environmental effects of the Project, the Proponent must cover the period from the start of any pre-construction activity associated with the Project through construction, operation, including maintenance and repairs, and any modifications through the proposed life of the Project, and eventual decommissioning, reclamation and abandonment.

 

In assessing cumulative environmental effects within the study area, the Proponent must consider the effects of the Project in combination with other past, present and reasonably foreseeable projects.

 

As is the case for the determination of spatial boundaries, the temporal boundaries must indicate the range of appropriate scales at which particular baseline descriptions and the assessment of environmental effects will be presented.

 

7.0 Project Description

 

The Proponent must provide a description of the Project that includes the following:

 

   1. an explanation of the purpose and need for the Project;

   2. an analysis of alternatives to the Project including, but not limited to, the "do nothing" scenario;

   3. an analysis of alternative means of carrying out the Project including, but not limited to, alternative locations, size of the quarry, use of existing marine infrastructure, quarrying methods, production rates and alternative transportation;

   4. identification and application of criteria to determine the technical and economic feasibility of the alternative means (e.g. transportation, natural, social, economic and cultural environment);

   5. identification of the potential adverse environmental effects of each feasible alternative means;

   6. location of the Project and the timing for the Project and related projects;

   7. relevant information on the Project's history and current status;

   8. major components of the Project and their location, including using maps indicating: boundaries of the Project in relation to other rights of way (e.g. rail lines, gas pipelines, road interchanges, shipping lanes), existing infrastructure, land uses, waste disposal areas, temporary and permanent existing and proposed transportation systems and routes, important environmental features and local neighbourhoods;

   9. design features of the Project including, but not limited to, safety features, efficiency, network aspects (provision of shipping continuity and links to existing marine infrastructure);

  10. any relationship to a series of separate projects or to a larger project must be stated, as it could have implications for the consideration of alternatives, cumulative environmental effects and mitigation options;

  11. the relationship of the Project to publicly adopted policy and plans at regional, provincial and federal levels;

  12. a description of those aspects of the Project, including accidents and malfunctions, that could reasonably be expected to affect the environment;

  13. an explanation of how the environment has influenced the design of the Project;

  14. a discussion of how design, engineering and management plans are consistent with the maintenance of ecosystem function and integrity; and

  15. a risk assessment of those conditions that might impair the fulfillment of the Proponent's plans and commitments regarding the avoidance or mitigation of adverse effects.

 

7.1 Regulatory Environment

 

The Proponent must describe the existing regulatory environment (federal, provincial, municipal) including all permitting, licensing and regulatory requirements and Municipal Planning Strategy and Bylaw requirements that apply to all phases of the Project and associated infrastructure. The Proponent must also include a description of which guidelines and standards would apply to the Project (e.g. TERMPOL Code, Nova Scotia Pit and Quarry Guidelines). Those applicable standards or guidelines shall also be referenced in the appropriate sections of the report. Each regulatory approval required must be listed with the following details:

 

   1. activity requiring approval and when it is required;

   2. regulatory agency;

   3. name of approval or permit; and

   4. associated legislation.

 

7.2 Project Justification

 

7.2.1 Purpose and Need for the Project

 

Identify the main function of the Project. Explain what is to be achieved by carrying out the undertaking, the opportunity the undertaking is intending to satisfy and who will benefit from the undertaking.  Identify any current or future plans for additional quarry projects along the North Mountain or under the Bay of Fundy by the Proponent or its associates.

 

7.2.2 Alternatives to the Project

 

Include an analysis of alternatives to the Project1 including, but not limited to, a "do nothing" scenario, meeting market demands with alternative construction materials, and meeting market demands through increased efficiency of resource use extracted from other sites. Identification and application of criteria used to determine the technical and economic feasibility of the alternatives to the Project (e.g. transportation, natural, social, economic and cultural environment). This must be done to a level of detail which is sufficient to allow the Panel and the public to compare the Project with the alternatives in terms of the economic costs and the environmental, social and economic benefits. The Proponent must include reasons for selection of the Project as the preferred alternative, including the reason for rejection of other alternatives.

 

7.2.3 Alternative means of Carrying Out the Project

 

Include an analysis of other alternative means of carrying out the undertaking in each phase of the Project and provide reasons for the selection of the proposed mean(s). Examples include alternative sites, alternative extraction methods, alternative technologies for wastewater treatment, alternative transportation modes and routes, other reclamation and decommissioning options, etc. This section must include alternatives to marine transport. Identify the potential adverse and beneficial environmental effects of each feasible alternative mean to a level of detail which is sufficient to allow the Panel and the public to compare the environmental effects, both biophysical and socio-economic, of the Project with the effects of the alternative means. The Proponent must include reasons for selection of the proposed Project including justification for rejection of other alternative means.

 

7.3 Detailed Project Description

 

The description must address all phases of the Project in sufficient detail to allow the Proponent to predict potential adverse environmental effects and address public concerns about the Project. The Proponent must describe the Project as it is planned to proceed through the site preparation and construction, operation and maintenance and any potential modifications. The description must include a timeline for all phases of the Project, with detailed decommissioning, abandonment and reclamation plans. This section must include a discussion of the planned uses of the marine terminal as related to the project and any potential use other than for the project, including the use of the marine terminal after the decommissioning of the quarry.

 

7.3.1 Physical Components

 

Describe in detail and identify the location of the major physical components of the undertaking relating to the quarry such as, but not limited to, aggregate extraction and processing, loadout facilities, stockpiles, roadways, topsoil and overburden piles, retention and settling ponds, fuel and dangerous goods storage areas, and administrative buildings.

 

Provide a detailed description (including location) of the major physical components related to the marine terminal. This must include, but not be limited to, conveyors, ship loaders, berthing dolphins, mooring buoys and fuelling facilities.

 

A scaled site map of the main Project components will be provided.

 

7.3.2 Site Preparation and Construction, Components and Activities

 

Provide a detailed description of the physical components required for site preparation and construction of the quarry, and the associated activities and techniques that will be used. The Proponent must consider addressing, but not be limited to, the following:

 

   1. all site preparation activities, including drilling and blasting, stripping of vegetation, and clearing and grubbing;

   2. all blasting (handling procedures, frequency and size, pre-blast surveys, weather condition considerations);

   3. all topsoil and overburden storage areas (location and dimensions);

   4. all site access roads (including gradient) and public roadways, including Highway 422;

   5. all sewage treatment and waste management systems;

   6. all dangerous goods storage areas;

   7. all watercourse crossings and diversions, including wetland alteration;

   8. all structures (e.g. offices and warehouses) and utilities;

   9. all erosion and sedimentation control measures; and

  10. visual effect management (e.g. landscaping, screening mounds and plantings, use of existing features, photographic records).

 

Provide a detailed description of the physical components required for the construction of the marine terminal and associated infrastructure, and the associated activities and techniques that will be used. The Proponent must consider addressing, but not limit the description to, the following:

 

   1. all site preparation activities, including any land based activities associated with the installation of marine infrastructure;

   2. the requirements for any drilling, blasting, or dredging, including handling procedures, frequency and size, pre-blast surveys, weather condition considerations,;

   3. the anchoring of pile support structures and construction of concrete caps as dolphins;

   4. all structures (e.g. offices and warehouses) and utilities;

 

This section shall also discuss risk management (e.g. contingency plans for uncontrolled release of substances, emergency response plans) and proposed construction schedules, including days of the week, times of the day, seasonal schedules and anticipated commencement and completion dates.

 

7.3.3 Operation and Maintenance

 

Provide a detailed description of the physical components that will be required for Project operation and maintenance, and the associated activities and techniques. The Proponent must consider including, but not be limited to, the following:

 

   1. the lifespan of the Project, annual average and maximum production rates

   2. all drilling and blasting (frequency and size, pre-blast surveys, weather condition considerations);

   3. all crushing, screening and washing facilities;

   4. all equipment;

   5. all stockpiling;

   6. all water management (detailed water budget, including effluents, treatment and water recycling opportunities);

   7. all waste management (overburden, management of acid-generating rock, management of ammonia from blasting activities);

   8. sewage management, solid waste;

   9. all dangerous good use and waste dangerous goods management;

  10. land transportation (modes, routes, load size and frequency);

  11. marine transportation (routes, vessel size and type, frequency, duration of berthing);

  12. the use of the marine terminal for purposes other than those associated with the quarry

  13. environmental controls for noise, dust, and viewscape protection; and

  14. risk management (contingency plans for uncontrolled release of substances, emergency response plans).

 

7.3.4 Modification Phase

 

This section must describe the Proponent's approach to, and conceptual plans for potential modifications. The Proponent must specify the conditions which would necessitate modifications of the Project. Expansion or other modification activities must be generally described and must include, to the extent possible, an overview of planned components such as those outlined in Section 7.3.1.

 

7.3.5 Decommissioning and Reclamation

 

The Proponent must provide a decommissioning and reclamation plan which details the immediate plans for quarry reclamation as operations advance (progressive reclamation), plans for decommissioning the operation (removal of equipment and structures), and the long-term objective for future use of the property following decommissioning. Reclamation must include all exploration boreholes and test pits. There must be a commitment to develop a future detailed reclamation plan for the entire site, including which organization and individual would be responsible. Details must be provided on plans for monitoring and maintaining reclamation efforts to ensure success. This section must also include plans for the future use or decommissioning of the marine terminal and associated infrastructure and potential monitoring plans.

 

7.4 Environmental Protection Plan

 

The Proponent must describe its Environmental Protection Plan and its environmental management system through which it will deliver this plan. The Plan must provide an overall perspective on how potentially adverse environmental effects will be managed over time and must include:

 

   1. a plan to control, minimize, and mitigate any contaminants, such as heavy metals, excess suspended solids, dioxins, carbon monoxide, oxygen demanding materials or organic contaminants that may be released or generated by the Project;

   2. a plan to control air emissions from the Project;

   3. plans to manage human/wildlife interactions at the site and adjacent areas and address hazards to wildlife presented by the Project;

   4. emergency response and contingency plans, including plans for addressing spills and other accidents and malfunctions both on land and in water; and,

   5. plans for ongoing site rehabilitation during the life of the Project.

 

8.0 Existing Environment

 

The purpose of this section is to describe the existing environment prior to Project development and what is valued by the members of the public, at a level and scale of detail that enable readers to understand the material presented.

 

This section of the EIS must provide a baseline description of the environment, including the components of the existing environment and environmental processes, their interrelations and interactions as well as the variability in these components, processes and interactions over time scales appropriate to this EIS. The Proponent's description of the existing environment must be in sufficient detail to permit the identification, assessment and determination of the significance of potentially adverse environmental effects that may be caused by the Project and to adequately identify and characterize the beneficial effects of the Project.

 

This description must include, but not necessarily be limited to those VECs, processes, and interactions that either were identified to be of public concern during scoping sessions or that the Proponent considers likely to be affected by the Project. The location of these VECs must be indicated on maps or charts. In doing so, the Proponent must indicate to whom these concerns are important and the reasons why, including social, economic, recreational, and aesthetic considerations. The Proponent must describe the nature and sensitivity of the area within and surrounding the Project and any planned or existing land use in the area. The Proponent must also indicate the specific geographical areas or ecosystems that are of particular concern, and their relation to the broader regional environment and economy, e.g., the contribution of the Digby Neck area to critical habitat, bird and fish population stocks, the presence of particular species and species at risk in the region.

 

In describing the physical and biological environment, the Proponent must take an ecosystem approach that takes into account both scientific and traditional knowledge and perspectives regarding ecosystem health and integrity. The Proponent must identify and justify the indicators and measures of ecosystem health, social health and integrity it uses. These must be related to Project monitoring and follow-up measures.

 

For the biological environment, baseline data in the form of inventories alone is not sufficient for the Panel to assess effects. The Proponent must consider the resilience of species, communities, and habitat. The Proponent is not required to generate new stock assessments for species other than fish in affected aquatic environments, but it must include all available historical data on population stocks and status. Emphasis must be on those species, communities and processes identified as VECs during the scoping sessions. However, the interrelations of these components and their relation to the entire ecosystem and communities of which they are a part must be indicated. The Proponent must address such issues as habitat, nutrient and chemical cycles, food chains, productivity, as these may be appropriate to understanding the effect of the Project on ecosystem health and integrity. Range and probability of natural variation over time must also be considered.

 

In describing the socio-economic environment, the Proponent must provide information on the functioning and health of the socio-economic environment, encompassing a broad range of matters that affect the people and communities in the study area.

 

The Proponent must present information in the EIS so that it conforms to the most current Wild Species Priorities, Inventory and Mitigation Standards available from the Nova Scotia Department of Natural Resources.

 

In providing baseline information on the environment, the Proponent must present a sufficient time-depth of data and information to establish norms, trends, and extremes, to the extent that such information is available. The Proponent must comment on the quality and reliability of these data and their applicability for the purpose used, and clearly identify gaps, insufficiencies, and uncertainties, especially those that must be remedied for monitoring purposes. The baseline, while necessarily relying on recent and current data, must not be a static or equilibrium description of the environment.

 

Without limiting the range of consideration, the Proponent must consider the following components, the interactions between these components, and their interactions with the physical and biological environment.

 

8.1 Biophysical Environment

 

8.1.1 Geology

 

Provide a general description of the geologic features of the quarry site, including the surficial geology (e.g. soil types, permeability, porosity, risk of erosion, etc.) and bedrock geology (e.g. acid producing/consuming rocks, sulphides, carbonates, host rock, etc.) as it relates to the undertaking. If acid slates are present, additional information will be required to determine if the material is net acid producing/consuming. The most current geological maps and stratigraphic terminology must be used when describing the site geology. The geological maps must be included in the registration document.

 

8.1.2 Surface Water

 

Provide a general description of the hydrological conditions and water quantity and quality for all surface waters, including ephemeral streams, within and in the vicinity of the quarry development. Estimates of normal (base and mean) flows and extreme (high and low) flows and water levels must be provided for any watercourses that may potentially be affected by pit dewatering, water extraction or diversion.

 

8.1.3 Groundwater

 

Provide a pre-development well water survey performed by a certified hydrogeologist, using a statistically meaningful data base, to establish baseline well water quality and quantity. Provide a general description of the hydrological conditions and water quality and quantity for all groundwater supplies that may be impacted by the quarry development, including all freshwater streams whose groundwater supplies originate within the quarry even though they may surface and flow outside the quarry. Include detail on the type, depth, number and location of all wells that may be impacted by the quarry development.

 

The characteristics of surface water and groundwater interactions must also be described (e.g., physical features or mechanisms influencing recharge or discharge characteristics potentially affecting shallow and deep groundwater resources, and groundwater contributions to stream base flows in the study area).

 

8.1.4 Wetlands

 

Identify the location, size and class of any wetland on-site, upstream, or downstream that may be impacted by the quarry development, particularly by water drawdown. Evaluation of the wetlands must include the following aspects: wildlife habitat potential (including rare and endangered species), groundwater recharge potential, the role of the wetland in surface flow regulation (stormwater retention and flood control), and the potential role of the wetland in water treatment.

 

8.1.5 Physical Oceanography

 

Describe local oceanographic conditions, including, but not limited to:

 

   1. average and maximum current speed and direction;

   2. bathymetry (seabed topography);

   3. water column characteristics (temperature, salinity, potential for sea ice);

   4. wind and swell characteristics, fetch, occurrence of storms;

   5. tidal characteristics (range, period, volume);

   6. conditions within the shipping lanes to be used for aggregate transport; and

   7. sediment characteristics (type, quality, transport).

   8. characteristics of the floor and fish habitat of Whites Cove.

 

8.1.6 Terrestrial Species and Habitat

 

Describe the local and regional floral and faunal species, including birds (both permanent residents and migratory), occurrence and distribution, range, abundance, and population status, including seasonal variation and variability over multiple years. Qualified professionals (biologist, botanists, etc.) must be consulted by the Proponent to conduct appropriate surveys to identify flora and fauna species that exist, including any species at risk that may exist throughout the Project site and throughout any other areas which may be impacted by the development. Botanical and wildlife surveys must be conducted at the site during the appropriate growing or breeding season.

 

Identify wildlife habitats, including areas with high wildlife concentrations and wildlife corridors, including bird migratory routes, which may exist within the boundaries of the development. The status and productivity of these habitats must be evaluated.

 

Identify all protected and conservation areas of provincial, federal and municipal jurisdictions (e.g. provincial wilderness areas, provincial parks, sites of ecological significance, and nature reserves, federal migratory bird sanctuaries and wildlife management areas, and municipal protected water supply areas, etc.) in the vicinity of the undertaking.

 

As there is concern for the movement of potentially invasive species within provincial and international boundaries, these species must be considered. Current lists of these species are available from Environment Canada's Canadian Wildlife Service and through the National Botanical Services in Ottawa.

 

8.1.7 Aquatic Species and Habitat

 

The principles and information sources that apply to terrestrial species and habitat (see 8.1.6) also apply to freshwater and marine species and habitat. The description of these species and habitat must identify any species at risk and ecologically sensitive and/or critical habitat and migratory routes of fish and marine mammals. This section must also identify potentially invasive species. The source of the ballast water and description of all invasive species carried by the ballast water must be included in a comprehensive study.

 

Identify any fish or fish habitat that exists in any identified watercourse within the quarry site or any other receiving watercourse that may be impacted by the development. Describe the marine habitat and species of fish, including pelagic and demersal finfish, shellfish, crustaceans and marine mammals, likely to be present in the area.

 

A description of any seasonal variation in the location, abundance and activities of aquatic species must be included. Describe and identify key habitat features, such as spawning, rearing, nursery, feeding, migration and overwintering areas, as they occur within the project area. In the course of describing aquatic species and habitats, the Proponent must include any consultations with, and document, traditional ecological knowledge from local fishermen and fishermen's associations.

 

8.1.8 Species at Risk

 

The Proponent shall identify all aquatic and terrestrial Listed species (those found on the Species at Risk Act (SARA) List of Wildlife Species at Risk), and their critical habitat (if identified in a recovery strategy or action plan), found within the regional study area. The Proponent shall also identify any additional species listed by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) found in the regional study area, and indicate when each species is expected to become listed under SARA. The Proponent shall consider all species listed as Endangered, Threatened, or Special Concern in their assessment.

 

For all above mentioned species, the Proponent shall provide information (with references) on the species' seasonality, frequency, habitat (as defined in Section 2 of SARA), critical habitat (if identified in a recovery strategy or action plan), and current status rank (e.g., endangered, threatened, species of special concern). Among other resources (e.g., species specialists, primary literature), information regarding these topics may be found in COSEWIC status reports, recovery strategies, and action plans. If critical habitat has not yet been identified for the species, this fact must be noted by the Proponent.

 

All species listed under the Nova Scotia Endangered Species Act shall be identified and all species listed as Endangered, Threatened, or Vulnerable must be considered in the assessment. Species listed under the Nova Scotia General Status of Wild Species must also be identified and all species designated as Red or Yellow must be considered in the assessment. To satisfy provincial requirements, the EIS shall include the required information as stated in the Standards and Process Applied to Provincial Environmental Impact Assessments: Wild Species Priorities, Inventory and Mitigation Standards For Reporting as prepared by the Nova Scotia Department of Natural Resources.

 

8.1.9 Climatic Conditions (Including Air Quality)

 

Provide a description of the climatic conditions in the Project area, considering both the quarry site and the marine terminal, with an emphasis on elements that will have an effect on, or interfere with, the Project. The description must include how the factors may be expected to change with the seasons. Factors discussed must include:

 

   1. air temperature and relative humidity;

   2. precipitation (average and maximum amounts, percentage as rain, snow, fog);

   3. wind speed and direction;

   4. solar radiation; and

   5. occurrence of storms.

 

A description of the ambient air quality in the Project area shall be provided, with emphasis on substances that may be emitted due to the Project. Particular attention is to be paid to ambient dust levels in areas where quarry activities (blasting, crushing and grinding, and loading/unloading) may contribute to increased dust levels.

 

8.1.10 Noise levels

 

Provide a baseline study of all sensitive areas within 200 metres of the quarry site and at any other areas where loading and traffic noise could be expected to have an environmental effect. Background ambient noise levels must be characterized for the quarry and loading facilities.  The blasting design must follow the limits assigned in the DFO Guidelines (no blasting within 500 m of any marine mammal) and Nova Scotia DEL Guidelines (no blasting within 800 m of the foundation of a building).

Reference is made to DFO guidelines in “Canadian Technical Report of Fisheries and Aquatic Sciences 2107”, 1998, and NS DEL’s “Pit & Quarry Guidelines”, May 1999.

 

8.2 Socio-Economic Conditions

 

8.2.1 Economy

 

Describe population and community distribution in the project area. This must include a description of the proximity of the Project to affected communities, including the number of residences within intervals of 500 metres, 1, 1.5 and 2 kilometres of the proposed undertakings. Communities outside of the 2 kilometre radius that could potentially be affected by the Project may also have to be identified, as appropriate. Discuss the contraction and growth patterns and information on demographics, including age and employment statistics. Describe the economic conditions for the region and surrounding communities. Information must be provided on the available labour supply and rates of employment for the region and surrounding communities.

 

8.2.2 Land Use and Value

 

Identify the past land use(s) of the site. Describe the planned and existing land uses within the Project site and any other area that may be impacted by the Project development. This must include a description of existing land based infrastructure that is likely to be affected by the Project such as sewer and water treatment distribution systems, wells, waste management areas, etc.

 

8.2.3 Commercial and Recreational Fisheries

 

Identify the geographical locations of historical and current regional freshwater and marine fishing operations and the seasonal variations of fishing activities for commercial, recreational and aboriginal uses, including current use of the area for aquaculture or its potential use. Describe the types of fisheries, including, but not limited to, lobster, scallops, crab, herring, mackerel, gaspereau, freshwater speckled trout, sea urchin dive fisheries and marine plant harvesting.

 

8.2.4 Land Based Transportation

 

Describe the existing conditions of the proposed modes and routes of transportation (e.g. provincial highways, arterial highways, on-site access roads, etc.) that will be used throughout the quarry development. Include information on the existing types and volumes of traffic. Describe the areas through which trucks will travel (e.g. residential or school areas).

 

8.2.5 Marine Transportation

 

An explanation of the management of vessel traffic in the vicinity of the marine terminal must be provided. This must include marine traffic such as recreational boating, shipping, commercial and passenger traffic with focus on navigation safety.

 

8.2.6 Recreation and Tourism

 

Discuss the level and value of existing and planned recreation and tourism activities (e.g. hunting, fishing, hiking, parks, sea kayaking, whale watching) for the surrounding areas.

 

8.2.7 Human Health

 

Provide current information on the health status of the communities in the Project study area. Human health considerations must include physical, social, cultural, and economic aspects. Also, indicate the proximity of the Project to individual and community water supplies. Potential effects on health, those aspects of human health that are or can be affected by contaminants or changes in the environment must be identified in Section 9.2.7.

 

8.2.8 Aboriginal Land and Resource Use

 

Identify the lands and resources of specific social, cultural or spiritual value to Aboriginals of Nova Scotia with focus on the current use of lands and resources for traditional purposes. Uses may include, but are not limited to, camping, travel on traditional routes, hunting, fishing, trapping, planting, harvesting, collecting, and any other traditional use.

 

8.2.9 Physical and Cultural Heritage Resources

 

Identify any terrestrial and marine areas containing features of historical, archaeological, paleontological, architectural or cultural importance. Describe the nature of the features located in those areas. Particular attention must be given to Aboriginal and Afro-Canadian cultural and historical resources.  The existence of any right of way of fishermen and beach harvesters along the coast of Whites Cove must be acknowledged.

 

8.3 Other Undertakings in the Area

 

Indicate the type, size, location and any other relevant information of other undertakings or developments in the area of the proposed quarry and marine terminal.

 

9.0 Effects Prediction, Mitigation Measures and Significance of Residual Effects

 

The issue of Security is completely absent from these Draft Guidelines.  Since 9/11, this issue has become a daily concern in the news.  Has the Federal Government developed a plan for security along the coasts of Nova Scotia and Atlantic Canada?  Is the Canadian Government working with other Government jurisdictions concerned about security in the Bay of Fundy/Gulf of Maine system and, indeed, in the North Atlantic?  Who will be in charge of security on these coasts?  And what security is in place along the coasts of the Eastern United States?  Over the 50-year period of the Project, what guarantees will be in place for the fishermen, coastal harvesters and tourism operators to continue their business activities?  This issue must address the points of access and freedom to conduct traditional business practices.  How will the issue of security impact on the freedoms of the community on Digby Neck, the North Mountain?

What sort of compensation will be in place should access and traditional freedoms be denied?  Therefore,

The EIS must provide a comprehensive plan, developed with all relevant Government agencies, which will address all points of security in the area of the Bay of Fundy/Gulf of Maine.  This will include anyone living or conducting business in the affected area; all operators in the fishery such as fishers, coastal harvesters, fishplant operators; tourism operators such as whale-watch and sea-cruise businesses. 

The purpose of this section is to identify potential effects of the Project, including ways in which the environment may be changed, where and for how long as well as whether residents and the environment will be better or worse off because of the construction and operation of the Project. An analysis of the Project's effects on the VECs must consider and demonstrate linkages between predicted physical and biological changes resulting from the Project. The Proponent must explain how VECs were chosen and provide the rationale for the determination of the significance of the effects on each VEC.

 

This section must:

 

   1. identify what physical, biological and socio-economic changes may be expected to occur or could occur as a result of the Project, including accidents, malfunctions and unplanned events. The effects of worst case scenarios must be addressed as appropriate;

   2. assess the effects;

   3. describe and justify the Proponent's plans to mitigate the likely adverse effects of the Project, enhance the beneficial effects of the Project and assess the likely effectiveness of those plans; and

   4. assess the significance of any adverse environmental effects after the implementation of mitigation measures.

 

The EIS must provide a comprehensive analysis of the short and long term effects of the Project on the environment and indicate the sensitivity of the function, integrity and health of the environment to these predicted effects. The Proponent must indicate the degree of uncertainty in predicting the potential adverse and beneficial environmental effects identified.

 

Mitigation

 

The Proponent must describe general and specific measures intended to mitigate the potentially adverse environmental effects of the Project for each component of the biophysical environment (section 9.1) and socio-economic environment (section 9.2) where mitigative measures would be necessary. Mitigation is defined as the elimination, reduction or control of the adverse environmental effects of the Project, and includes restitution for any damage to the environment caused by such effects through replacement, restoration, compensation or any other means. The Proponent must indicate which measures respond to statutory or regulatory requirements, and which go beyond these.

 

The Proponent must present information on mitigation measures so that it conforms to the most current Wild Species Priorities, Inventory and Mitigation Standards available from the Nova Scotia Department of Natural Resources.

 

All proposed mitigation must be described by phase, timing and duration. Information must be provided on methods, equipment, procedures and policies associated with the proposed mitigation or restitution. The Proponent must discuss and evaluate the effectiveness of the proposed measures and assess the risk of mitigation failure and the potential severity of the consequences. Information must be provided on similar mitigation methods used with similar projects and the degree of success achieved.

 

The Proponent must indicate what other mitigation measures were considered (including the various components of mitigation) and explain why they were rejected. Trade-offs between cost savings and effectiveness of the various forms of mitigation must be justified. The Proponent must identify who is responsible for the implementation of these measures and the system of accountability.  The Proponent must indicate who is responsible for compensating the fishermen and tourism operators for their unrealized profits due to quarry and terminal operations.

What is the place of the Federal and Provincial Government bodies in the system of accountability after the permits have been issued?

 

Significance of the Residual Adverse Environmental Effects

 

The EIS must contain a detailed analysis of the significance2 of the potential residual adverse environmental effects it predicts. It must contain clear and sufficient information to enable the Panel and the public to understand and review the Proponent's judgment of the significance of effects. The Proponent must define the terms used to describe the level of significance.

 

Determining whether the adverse environmental effects of a project are significant may be based on existing environmental standards, guidelines, or objectives such as prescribed maximum levels of emissions or discharges of specific hazardous agents into the environment or maximum acceptable levels of specific hazardous agents in the environment. If the level of an adverse environmental effect is less than the standard, guideline, or objective, it may be insignificant. If, on the other hand, it exceeds the standard, guideline, or objective, it may be significant.

 

The Proponent must assess the significance of predicted effects according to the following categories:

 

   1. magnitude of the effect;

   2. geographic extent of the effect;

   3. timing, duration and frequency of the effect;

   4. degree to which effects are reversible or mitigable;

   5. ecological and social/cultural context;

   6. probability of occurrence;

   7. standards, guidelines or objectives.

 

Presentation of the effects, mitigation measures and the significance of the residual effects

 

The EIS must avoid repetition by identifying the potential adverse environmental effects, the proposed mitigation measures and the significance of the effects after mitigation measures have been taken into account, on each VEC, both biophysical and socio-economic, in the same discussion. A summary of the effects, mitigation and significance associated with each VEC must be provided in tabular format to provide clarity and ease of reference.

 

9.1 Biophysical Environment

 

9.1.1 Geology

 

Discuss the predicted effects on the identified geological formations and how those effects will be avoided or minimized. Potential effects to be considered must include, but not be limited to, the following:

 

   1. effect on physical stability conditions (including physical strength characteristics) and thermal regime;

   2. effect of modified ground ice or thermal conditions on existing infrastructure;

   3. effect of frost heave; and

   4. effect of acid rock drainage and seepage.

   5. effect of storms and heavy rains.

Discuss how these effects will be monitored, if required.

The clause “if required” should be removed from the above sentence.

 

9.1.2 Surface Water

 

Discuss and quantify the predicted effects on existing surface water, both on-site and downstream (e.g. water course alterations, release of effluent, sedimentation, pit dewatering). Describe any proposed monitoring programs that will be designed to provide information on the effects of the Project on surface water.

 

9.1.3 Groundwater

 

Discuss how the quarry development may affect surrounding groundwater aquifers (e.g. groundwater draw-down) and provide detail on how the effects to groundwater will be avoided or mitigated. Modelling work may be required to predict these effects. All parameter estimates (e.g., precipitation, evaporation, ground-water flows, soil permeability, hydraulic roughness, water balance, etc.) reported by the Proponent must include the source of information (either estimates or empirical) and make reference to measurement standards or collection protocols used, assumptions built into the data, and data reporting that includes ranges and confidence estimate for the parameters.

 

Describe any monitoring programs, including sampling protocol and monitoring station locations that will be designed to provide information on effects on groundwater quality and quantity.

 

9.1.4 Wetlands

 

Predict the effects (with rationale) to all identified wetlands and provide information on how avoidance or mitigation will be used to preserve the ecological and hydrological integrity of the wetlands. Discuss any proposed monitoring of the identified wetlands, if required.

 

9.1.5 Physical Oceanography

 

This component must include an assessment of how the Project will affect local oceanographic conditions. The EIS must