Emp References EIA PDF

ENVIRONMENTAL MANAGEMENT PLAN FOR
THE EEL RIVER DAM REMOVAL PROJECT
Submitted to:
New Brunswick Department of Environment
20 McGloin St., Marysville Place
Fredericton, NB E3A 5T8
Submitted by:
Stantec Consulting Ltd.
845 Prospect St.
Fredericton, NB E3B 2T7
Project No. 121810050 (1049282)

February 19, 2010
ENVIRONMENTAL MANAGEMENT PLAN FOR THE EEL RIVER DAM REMOVAL PROJECT
NEW BRUNSWICK DEPARTMENT OF SUPPLY AND SERVICES
February 19, 2010
Table of Contents
1.0
1.1
1.2
1.3
INTRODUCTION ................................................................................................................ 1.1

BACKGROUND .................................................................................................................. 1.1
OBJECTIVES OF THE EMP............................................................................................... 1.2
ORGANIZATION OF THE EMP.......................................................................................... 1.3
2.0 ENVIRONMENTAL REQUIREMENTS............................................................................... 2.1

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

PURPOSE OF ENVIRONMENTAL PROTECTION PLAN ................................................. 4.1
STRUCTURE AND CONTENT OF THE ENVIRONMENTAL PROTECTION PLAN .......... 4.1
ENVIRONMENTAL COMPLIANCE .................................................................................... 4.2
MITIGATION MEASURES .................................................................................................. 4.3
4.4.1
Generic Mitigation Measures and Best Management Practices .......................... 4.3
4.4.2
Material Procurement........................................................................................... 4.4
4.4.3
Notifications ......................................................................................................... 4.4
4.4.4
Site Access .......................................................................................................... 4.4
4.4.5
Temporary Work Room........................................................................................ 4.5
4.4.6
Hazardous Material Storage, Handling and Disposal .......................................... 4.5
4.4.7
Waste Management ............................................................................................. 4.7
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February 19, 2010
4.4.8
4.4.9
4.4.10
4.4.11
4.4.12
4.4.12.1
5.0
5.1
5.2
5.3
5.4
5.5
Air Quality Control ................................................................................................ 4.8

Navigational Lighting............................................................................................ 4.9
Erosion and Sedimentation Reduction Measures ................................................ 4.9
Traffic Management ........................................................................................... 4.11
Species at Risk and Migratory Birds Protection ................................................. 4.11
Aboriginal Heritage Gardens Protection ............................................................ 4.13
CONTINGENCY AND EMERGENCY RESPONSE PLANS .............................................. 5.1

FUEL AND HAZARDOUS MATERIAL SPILL RESPONSE ................................................ 5.1
DISCOVERY OF ARCHAEOLOGICAL OR HERITAGE RESOURCES ............................. 5.3
EROSION CONTROL FAILURE ......................................................................................... 5.3
GROUNDWATER OR SURFACE WATER CONTAMINATION ......................................... 5.4
EXTREME WEATHER EVENTS ........................................................................................ 5.5
6.0 KEY CONTACT LIST ......................................................................................................... 6.1

7.0 FOLLOW-UP PROGRAM .................................................................................................. 7.1
7.1 TERMS OF REFERENCE .................................................................................................. 7.1
7.2 TERRESTRIAL ENVIRONMENT ........................................................................................ 7.2
7.2.1
Wetlands and Vegetation ..................................................................................... 7.2
7.2.1.1 Re-Vegetation and Vegetation ............................................................................. 7.2
7.2.2
Species at Risk and Migratory Birds .................................................................... 7.2
7.2.2.1 Yellow Rail (Coturnicops Noveboracensis) .......................................................... 7.2
7.2.2.2 Migratory Birds ..................................................................................................... 7.3
7.3 GROUNDWATER AND SURFACE WATER RESOURCES .............................................. 7.3
7.3.1
Surface Water ...................................................................................................... 7.3
7.3.1.1 Water Quality ....................................................................................................... 7.3
7.3.2
Groundwater ........................................................................................................ 7.4
7.4 PUBLIC HEALTH AND SAFETY ........................................................................................ 7.4
7.5 SEWER AND DRAINAGE OUTFALLS ............................................................................... 7.5
7.6 FISH AND FISH HABITAT .................................................................................................. 7.5
7.6.1
Total Suspended Sediments ................................................................................ 7.5
7.6.2
Bacteria ................................................................................................................ 7.5
7.6.3
Sediment Quality.................................................................................................. 7.5
7.6.4
Clams ................................................................................................................... 7.6
7.7 EROSION CONTROL ......................................................................................................... 7.8
7.8 CURRENT USE OF LAND AND RESOURCES FOR TRADITIONAL PURPOSES BY
ABORIGINAL PERSONS ................................................................................................... 7.8
7.9 ARCHAEOLOGICAL HERITAGE RESOURCES ............................................................... 7.8
8.0 SUMMARY ......................................................................................................................... 8.1
ii
February 19, 2010
List of Tables
Table 2.1
Table 2.2
Table 2.3
Table 4.1
Known Environmental Approvals Required for the Eel River Dam Removal
Project ................................................................................................................ 2.4
Roles and Responsibilities of Parties Involved With the Implementation of the
Eel River Dam Removal Project ......................................................................... 2.5
NBENV Reporting Schedule and Format for the Eel River Dam Removal
Project ................................................................................................................ 2.6
Migratory Birds Identified in the Eel River Dam Area under the New Brunswick
Endangered Species Act (NB ESA) and/or Species at Risk Act (SARA) ......... 4.13
List of Appendices
Appendix A
Appendix B
Appendix C
Appendix D
Conditions of Approval (NBENV)

Copy of Environmental Requirements (INAC Screening Report)
Figure 3.4.2 Location of Water Sampling Stations in 2004 and 2005
Figure 3.2.4 Location of Sediment Sampling Stations and Sections
iii
February 19, 2010
iv
February 19, 2010
1.0
INTRODUCTION
1.1
BACKGROUND
The Eel River dam is located in Restigouche County south of the Town of Dalhousie, adjacent
to the Eel River Bar First Nation community and approximately 600 m upstream of Route 134 at
Eel River bar. The dam was built in 1963 by the Town of Dalhousie to provide an industrial
water source (non-potable) for the area.
Following construction of the dam in 1963, there was no longer any opportunity for saltwater to
flow upstream past the dam and all but the lower 600 m of the estuary was lost. Changes in
flow (lack of tidal influences), salinity, sediment deposition patterns, water temperature, water
quality, and evaporation rates caused the impoundment to be more lake-like than a river.
According to Eel River Bar First Nation (ERBFN), Fisheries and Oceans Canada (DFO), and the
observation of others, Atlantic salmon were once plentiful in Eel River. Monitoring conducted by
DFOand the New Brunswick Department of Natural Resources (NBDNR) in recent years has
documented few adult salmon above the dam even though upstream spawning habitat is still
suitable.
Reports from DFO and observations by area residents, including the ERBFN, clearly
demonstrate that clam populations declined in the remaining estuary following dam
construction. Clam populations that were located upstream of the dam were destroyed by the
freshwater conditions. Increased sedimentation associated with the reduced tidal flushing has
also been shown to occur and has contributed to substantial destruction of clam beds
downstream of the dam. Finally, the presence of sewage-related bacteria, made worse by the
reduced tidal exchange, has resulted in closures of the remaining clam fishery in the Eel River
estuary and Eel Bay.
In December 2002, an agreement was signed with the Province of New Brunswick, Her Majesty
the Queen in Right of Canada, and the ERBFN requiring that an Environmental Impact
Assessment (EIA) be conducted for the proposed removal of the Eel River dam that was
intended to resolve fish passage and other environmental issues associated with the dam. The
New Brunswick Department of Supply and Services (NBDSS) was designated as the Project
Proponent, and with initiated Environmental Impact Assessment (EIA) process.
1.1
February 19, 2010
In 2006, the Jacques Whitford Study Team (now Stantec Consulting Ltd.), on behalf of NBDSS,
conducted an EIA for the removal of the Eel River Dam (the Project). The EIA fulfilled the
reporting requirements for a Comprehensive level EIA pursuant to the Clean Environment Act
Environmental Impact Assessment Regulation 87-83 (EIA Regulation). The EIA Report was
approved, with conditions, by the Minister of the New Brunswick Department of Environment
(NBENV) on December 19, 2007. The EIA Report was also the supporting document for the
Screening Report produced by Indian and Northern Affairs Canada (INAC) in July 2008 as the
Responsible Authority (RA) under the Canadian Environmental Assessment Act (CEAA).
A three-staged implementation strategyhas been developed for the Project as follows:
Stage 1 design, permitting, planning, and communication;
Stage 2a shoreline protection;
Stage 2b create an opening in the north portion of Eel River dam; and
Stage 3 remove the remainder of the Eel River dam.
Condition of Approval (d) requires the development of a comprehensive Environmental

Management Plan (EMP) for the Project. This document is the EMP for the implementation of
the Project.
1.2
OBJECTIVES OF THE EMP
The primary objective of the EMP is to ensure that adverse environmental effects resulting from
the implementation of the Project are minimized. This objective will be achieved through careful
planning and engineering design to mitigate, respond to, and manage potentially adverse
environmental effects using systematic, effective, and pre-approved methods.
This EMP is also intended to satisfy Condition of Approval (d), which states:
(d) the proponent must develop a comprehensive EMP and submit it to the
Director, Project Assessment and Approvals Branch for review, and receive
approval prior to the start of ground-disturbing activities. Stakeholders identified
in Section 2.2.1.3 of the document Final Report Environmental Impact
Assessment for the Removal of the Eel River Dam (dated March 31, 2006) must
be provided with an opportunity to provide input on the EMP prior to finalization.
The EMP must include an Environmental Protection Plan (linking mitigation
measures to a location), project contingency plans (e.g., emergency response,
etc.), and monitoring plans (e.g., compliance and environmental effects
monitoring and/or any follow-up programs)
The EMP uses a Life-of-Project approach and is intended as a living document embracing the
philosophy of adaptive management. As such, it may be subject to changes and updates in the
future through a controlled revision process.
1.2
February 19, 2010
In addition to the EMP, other supporting environmental and socio-economic documents for the
implementation of the Project have been prepared, including but not limited to: a Tracking
Database of environmental commitments, and a Public and Stakeholder Communication
Strategy.
1.3
ORGANIZATION OF THE EMP
The EMP is organized into the following sections:
Section 1.0 Introduction provides the Project context and outlines the purpose and
content of the EMP;
Section 2.0 Environmental Requirements provides the regulatory framework and

associated permitting and approvals for the Project; a summary of the sources of
environmental commitments and strategy for tracking and managing the environmental
commitments; identification of the roles and responsibilities of the parties involved with the
implementation of the Project; and a description of the reporting requirements to the NBENV
and schedule;
Section 3.0 Project Description and Purpose presents a high-level description of the
planned work and activities required for implementation of all stages of the Project;
Section 4.0 Environmental Protection Plan prescribes the environmental protection

procedures to be followed and mitigation measures to be implemented for the activities
associated with the Project;
Section 5.0 Contingency and Emergency Response Plans lays out the procedures to
be followed to ensure a safe, quick and effective response to unexpected and emergency
situations;
Section 6.0 Key Contact List lists key organizations and/or individuals that may be
contacted during emergency situations or regarding regulatory issues; and
Section 7.0 Follow-up Program provides a high-level description of the objectives,

contents of the Follow-up Program and approach for the various environmental components
included in the program.
1.3
February 19, 2010
2.0
ENVIRONMENTAL REQUIREMENTS
This section describes the regulatory environment, identifies the sources of environmental
commitments, and provides a review of the necessary permits, approvals, licences,
authorizations, and permissions (environmental approvals) required for the Project.
2.1
REGULATORY ENVIRONMENT
The legislation outlined below applies to one or more stages of the Project.
2.1.1
Federal Legislation
The following federal environmental acts and regulations apply to at least one stage of the
Project.
Canadian Environmental Assessment Act (CEAA), administered by the Canadian

Environmental Assessment Agency
Indian Act, administered by Indian and Northern Affairs Canada (INAC)
Species at Risk Act (SARA), administered by Environment Canada
Navigable Waters Protection Act (NWPA), administered by Transport Canada (TC)
2.1.2
Provincial Legislation
The following provincial acts and regulations are applicable to the Project.
Clean Environment Act, administered by NBENV
Clean Water Act, administered by NBENV
Water Classification Regulation under the Clean Water Act, administered by NBENV
Environmental Impact Assessment Regulation 87-83, made pursuant to the Clean

Environmental Act, administered by NBENV
Watercourse and Wetland Alteration Regulation, made pursuant to the Clean Environmental
Act, administered by NBENV
Crown Lands and Forests Act, administered by the NBDNR
2.1.3
Municipal Legislation
The Community Planning Act, administered by Restigouche District Planning Commission, is

applicable to the Project.
2.1
February 19, 2010
2.2
ENVIRONMENTAL COMMITMENTS
The primary sources of the environmental commitments and requirements associated with the
Project arise from the following documents, conditions, permits and approvals.
Final Report Environmental Impact Assessment for the Removal of the Eel River Dam
(Jacques Whitford 2006)
Conditions of Approval for the Removal of the Eel River Dam (NBENV 2007)
Final Disposition Table of the Response to Technical Review Committee Comments on the
Draft Environmental Impact Assessment for the Removal of the Eel River Dam (Jacques
Whitford 2006)
CEAA Screening Report for the Removal of the Eel River Dam (INAC 2009)
Navigable Waters Protection Act Approval (Transport Canada 2006)
Watercourse and Wetland Alteration permits (NBENV, upon issuance)
Any other applicable environmental permits, approvals and authorizations to be issued for
the Project
The EIA Report contains mitigation measures for minimizing environmental effects. These
mitigation measures are located throughout the EIA Report, while the Conditions of Approval
describe specific requirements that must be followed or implemented during the Project in
addition to those contained in the EIA Report.
The development of the EIA Report included extensive and iterative regulatory consultation and
document reviews by the Technical Review Committee (TRC). The TRC included technical
specialists from various government departments and agencies (both provincial and federal)
and stakeholders whose jurisdictions may be affected by the Project. NBENV was the chair of
the TRC and was identified as the decision-making authority under their respective provincial
legislation. The agencies represented by the TRC included:
NB Department of Environment (NBENV);
NB Department of Natural Resources (NBDNR);
NB Department of Health and Wellness (NBDHW);
NB Department of Transportation (NBDOT);
NB Culture and Sport Secretariat Archaeological Services ;
NB Museum (NBM);
Restigouche District Planning Commission (RDPC);
Indian and Northern Affairs Canada (INAC);
Environment Canada (EC);
Fisheries and Oceans Canada (DFO);
2.2
February 19, 2010
Transport Canada (TC);
Health Canada; and
Canadian Environmental Assessment Agency (CEA Agency).
2.3
REVIEW OF REQUIRED ENVIRONMENTAL APPROVALS
2.3.1
Watercourse and Wetland Alteration Permit
Watercourse and wetland alteration (WAWA) permits are required under the provincial Clean
Environment Act for construction activities within 30 m of any watercourse or wetland.
Applications for WAWA permits are submitted to NBENV for review and approval.
Consultation with representatives of NBENV on March 16, 2009 determined that it is likely that
provisional permits for common activities such as geotechnical investigations will be granted for
the Project. Standard permit applications will be submitted for other activities related to work
within 30 m of a watercourse or wetland and the physical excavation of the dam.
2.3.1.1 Landowner Permissions
A requirement of the WAWA permit is to obtain permission from private landowners,
municipalities or the Crown for any work taking place on land owned by any of these entities.
Private landowner permission will be required for activities such as shoreline enhancement.
2.3.2
Licence of Occupation
A Licence of Occupation will be required for activities taking place on Crown land, including
surrounding wetland and submerged or coastal land. The Licence of Occupation is
administered by NBDNR under the Crown Lands and Forests Act. A Licence of Occupation is
required for all Stage 2 and 3 Project construction activities in the area.
2.3.3
Indian Act Land Use Permit
A Land Use Permit under section 28 of the Indian Act is required as a result of works being
carried out on the Reserve lands of the Eel River Bar First Nations. Application for this permit is
submitted to INAC. The permit is then vetted through Chief and Council and a Band Council
Resolution must be obtained prior to issuance of the permit to the Proponent.
2.3.4
Navigable Waters Protection Act Approval
Approval by TC is required for any works in, on, over, under, through or across any navigable
water under the Navigable Waters Protection Act.. A Navigable Waters application was
submitted by NBDSS for the removal of the dam and approval was issued by TC on
December 8, 2006.
2.3
February 19, 2010
2.4
KNOWN ENVIRONMENTAL APPROVALS REQUIRED FOR THE PROJECT
All known environmental approvals required for Stage 2 and 3 of the Project implementation are
listed in Table 2.1 and are planned to be acquired during Stage 1 of the Project. NBDSS, its
Contractors, and sub-Contractors will comply with all applicable environmental requirements as
stipulated in federal and provincial legislation, permits, approvals and authorizations.
Compliance with the environmental requirements identified in this EMP is a condition of
participation by Contractors and sub-Contractors.
Table 2.1
Known Environmental Approvals Required for the Eel River Dam Removal
Project
Project Activity
Stage 1 Planning
Stage 2a-Shoreline
Protection
Stage 2b Create
150 m-wide
Opening in Dam
Stage 3 - Remove
Remainder of Dam
NBENV Permits/
Authorizations Required
WAWA for Geotechnical
Study
WAWA for shoreline
protection works and
construction of Bailey bridge
within 30 m of a wetland or
watercourse.
WAWA for Construction
Activity, Activity approval from
the Project Assessment
Branch, Approval to Construct
/ Operate
WAWA for Construction
Activity, Activity approval from
the Project Assessment
Branch
NBDNR Permits/
Authorizations Required
Additional
Permits/Authorizations
Required
Licence of Occupation,
Lease and Coastal
Land Use
INAC Land Use Permit

(to Enter onto Reserve
Lands)
Lease and Coastal
Land Use; and
Quarry Permit
INAC Land Use Permit (to

enter onto Reserve Lands),
Navigable Waters Permit
(Transport Canada),
Provincial Department of
Transportation.
Lease and Coastal
Land Use; and
Quarry Permit
2.5
MANAGEMENT OF ENVIRONMENTAL COMMITMENTS
2.5.1
Environmental Management Plan
This EMP is the primary mechanism for managing environmental commitments. Stakeholders
identified in Section 2.2.1.3 of the EIA Report will be provided with an opportunity to review the
EMP prior to finalization, as stipulated in Condition of Approval (d). Subsequently, the EMP will
be submitted to the Director, Project Assessment and Approvals Branch, NBENV for review and
approval.
2.4
February 19, 2010
2.5.2
Environmental Commitments Tracking Database
A Tracking Database of environmental commitments related to the Project will be developed in

accordance with Condition of Approval (j) (Appendix A). The primary objective of the Tracking
Database is to ensure compliance with all environmental materials, permit and approval
conditions, and commitments made during the regulatory review process for the Project. In
addition, the Tracking Database will assist the Proponent in maintaining the Project schedule.
The Tracking Database will also be used to communicate the schedule and status of the
Project-related environmental commitments within the Proponent team internally and between
the Proponent and NBENV Project Assessment Branch. Any commitments contained within the
Tracking Database that relate to environmental protection and mitigation during construction
activities have been included in this EMP.
The owner and overseer of the Tracking Database shall be NBDSS while the management of
the Tracking Database will be conducted by a member of the Stantec Consulting Ltd. Study
Team (the Tracking Database Manager). The Tracking Database shall be maintained by the
Tracking Database Manager on a regular basis, with a complete update provided to both the
Proponent and NBENV on a monthly basis.
2.6
ROLES AND RESPONSIBILITIES
The implementation of the Project is the responsibility of NBDSS. In addition to the Project
Proponent, a consortium of environmental and engineering consulting firms, the Stantec
Consulting Ltd. Team, has been retained by NBDSS to manage and assist with the
implementation of the Project.
As the Provincial department responsible for the approval of the EIA Report and issuance of the
Conditions of Approval, NBENV will continue to be involved with the Project during the
implementation phase. Similarly, it is expected that INAC will remain involved as a Responsible
Authority under CEAA.
The specific roles and responsibilities for each party are summarized in Table 2.2 below.
Table 2.2
Roles and Responsibilities of Parties Involved With the Implementation of the Eel
River Dam Removal Project
Party
NBDSS
Stantec Consulting Ltd.

Team
NBENV Project
Assessment Branch
INAC
Roles and Responsibilities

Overall Project Proponent, responsible for ensuring all environmental commitments and
conditions are satisfied, including but not limited to: the EMP, Follow-up Program, and
all other required environmental permits, approvals, authorizations, licences, landowner
permissions, and dam removal.
Project management and implementation
Provincial and federal regulatory coordination, review and approval of all applicable
documents as specified in the Conditions of Approval.
Federal Responsible Authority
2.5
February 19, 2010
2.7
REPORTING PROCEDURES
NBDSS and the Stantec Consulting Ltd. Team recognize the importance of continuous and
effective communication between all groups involved in the implementation of the Project. To
this end, status updates for each reporting requirement will be delivered on a prescribed
schedule to NBENV and other relevant federal, provincial and municipal agencies via
distribution to the TRC (at the discretion of NBENV). A summary of each report and specified
delivery schedule is listed in Table 2.3.
Table 2.3
NBENV Reporting Schedule and Format for the Eel River Dam Removal Project
Report Type
Frequency
Tracking Database
Monthly
Environmental Management
Plan (including Environmental
Protection Plan)
To be revised at
the beginning of
each stage as
required.
As stipulated in the
commitment or
condition for each
specific
component.
Follow-Up Program Reports
Duration
Format
Until Project
completion
Until Project
completion
Updated database and report

summarizing the most recent updates.
Living document that will evolve as the
Project progresses.
As stipulated in
the commitment or
condition for each
specific
component.
The full results of the follow-up program

for each component.
2.6
February 19, 2010
3.0
Project Description and Purpose
The Project is defined as the Decommissioning of the Eel River dam, including the earthen
dyke, concrete water control structure, intake structure, and associated infrastructure
(e.g., fish passage facilities).
The initially contemplated objective of the Project, as stated in the Final Guidelines for an
Environmental Impact Assessment of the Removal of the Eel River Dam, was achieving a longterm solution to fish passage and other ecosystem issues related to the presence of the dam
(e.g., tidal exchange, sediment transport, wetland functions, populations of flora and fauna, fish
habitat). This objective was further defined and divided into three components during the
development of the Final Terms of Reference for the EIA for the Project, in consultation with
federal and provincial regulatory representatives. It is believed that achieving these Project
Objectives will effectively satisfy the initial objective stated in the EIA Guidelines.
The Project is intended to address fish passage and other environmental and ecosystem issues
associated with the Eel River dam. To that end, the following Project Objectives, as per the EIA
Terms of Reference developed in consultation with federal and provincial regulatory agencies,
are:
Long-term solution to fish passage;
Establishment of conditions that lead to the natural re-establishment of salt marsh wetlands
upstream of the current dam location; and
Improvement of habitat for soft shelled clams and shellfish upstream and downstream of the
dam.
Design Criteria for the Project were developed to meet the Project Objectives. These criteria,
as outlined in Section 5.0 of the EIA Report, included:
The minimum width of an opening in the Eel River dam will be sufficient to allow tidal
exchange to occur in a manner that is not substantially different (similar tidal prism, range
and exchange) from the pre-dam condition. This opening should be located at the north end
of the dam to reflect the pre-dam channel location;
The Project should not result in a non-permitted prohibition of the Species at Risk Act
(SARA) or a violation of the New Brunswick Endangered Species Act;
The Project should allow for the free passage of ice so that there is no potential for icejamming;
Sedimentation of the Eel River estuary as has occurred because of the dam construction
should be arrested;
There should be no further constriction of the tidal inlet channel at the mouth of the estuary
and in the vicinity of the bridge on Route 134;
The Aboriginal Heritage Gardens should be protected; and
3.1
February 19, 2010
During the implementation of the Project, sediment generated during the Decommissioning
activities must be controlled.
A three-staged implementation strategy, as described in the EIA Report, has been developed
for the Project. A brief summary of the activities associated with each of the Project stages is
provided in the following sections.
3.1
STAGE 1: DESIGN, PERMITTING, PLANNING AND COMMUNICATION
Stage 1 includes activities relating to design, acquisition of permits, and communication to be

carried out prior to creating the opening in the dam. The main components of this stage are:
Finalization of detailed design, acquisition of permits, and stakeholder and Aboriginal

communication/notification;
Fulfillment of pre-decommission project commitments (e.g., CoA)
Preparation of an EMP (this document) to ensure that the environmental effects of

decommissioning are minimized; and
3.1.1
Design
The following studies engineering are underway and will be used to aid in the detailed design
process; geotechnical investigation, bathymetric survey, topographical survey, and
hydrodynamic modeling.
Removal of the earthen dam will make use of standard construction procedures however if
turbidity control becomes an issue, especially with the tidal activity in the area, task specific
sediment control measures will be developed for each stage of the project and will be included
in the construction documents as a condition of the contract that the Contractor must fulfill.
3.1.2
Permitting and Planning
All necessary permits, approvals, and authorizations that are required to carry out Stage 2 and
Stage 3 of the Project will be acquired during Stage 1, although some permits, such as WAWA,
are typically issued annually and may need to be applied for each stage separately. Any
additional field investigations needed in support of these requirements will also be carried out
during Stage 1. Monitoring and compensation required as conditions of the permits, approvals,
and authorizations may extend beyond Stage 1 as appropriate.
The preparation of an EMP, including supporting plans and procedures (e.g., emergency
response and contingency plans), will be completed during Stage 1. The EMP may be updated
iteratively during future stages of the Project based on the results of ongoing monitoring or to
adapt to changes in aspects of Project implementation (should they occur), resulting in
identification of the need for different or additional mitigation measures. For example, during
Stage 2, any previously identified sensitive areas (i.e., riverbank upstream and downstream of
3.2
February 19, 2010
the dam opening) will be monitored, and the results of this monitoring may identify a need for
specific types of erosion control measures for specific locations.
The EMP and its supporting documents and procedures will be submitted to the Director,
Project Assessment Branch at NBENV for review and approval prior to the initiation of Stage 2
of the Project.
3.1.3
Communication
An integral part of Stage 1 will be a communication program that will advise the public,
stakeholders, and aboriginal community of the project and how it will be implemented, including
contingency plans. Meetings will continue to be held with key stakeholders as required to
determine the most appropriate means of communication and consultation during the
implementation of the Project. This will be documented in a public and stakeholder
communications strategy.
3.1.4
Stage 2a: Shoreline Protection
Stage 2a includes protection of the shoreline around Blueberry Point as required to prevent
erosion as a result of opening up the river. The extent of the shoreline protection will come as a
result of the engineering studies completed in Stage 1. Erosion and sediment control measures
will be specified in the construction documents for the portion of work.
3.1.5
Stage 2b: Dam Removal (150 m section)
Stage 2b includes activities relating to the creation of a 150 m wide opening in the north end of
the dam. Access to the dam for heavy construction equipment will be available across a
temporary Bailey bridge that will be installed over the existing hydraulic control structure. Work
on excavating the dam opening will proceed from north to south. The flow control gates in the
existing hydraulic control structure will be removed to provide minimal water level differential
between the estuary and headpond.
Erosion and sediment control measures will be used to minimize potential adverse
environmental effects to the shoreline and river during decommissioning. Sediment control
barriers (turbidity curtains) may be installed to reduce the amount of sedimentation during
excavation. The need for sediment control barriers will be evaluated as part of finalization of
detailed design; exact details on the nature and location of erosion and sediment control
measures will become known as the Project design is finalized.
3.3
February 19, 2010
The timing of commencement of Stage 2 is dependent upon the completion of all Stage 1
activities. The excavation activities will be conducted during the open water season during low
flow periods (e.g., summer/fall) to minimize the potential environmental effects on nesting
waterfowl. The schedule will be designed in anticipation of weather and tide cycle induced
delays.
3.2
STAGE 3: REMOVE REMAINDER OF DAM
The remainder of the dam will be removed by excavating in a southerly direction from the initial
150 m opening. Sediment control barriers, such as silt curtains, may be installed to reduce the
amount of sedimentation during excavation. The need for sediment control measures will be
established during Stage 2, prior to the commencement of Stage 3 excavation activities, and
mitigation will be implemented as appropriate.
Stage 3 will also include removal of the existing water-control structure, and any required site
remediation/restoration (this involves clean up of materials that were stored on site and
repairing any disturbed ground from construction related activities). The timing of
commencement of Stage 3 is dependent upon the completion of all Stage 2 activities. The
excavation activities will be conducted during the open water season. The schedule will be
designed in anticipation of weather and tide cycle induced delays.
3.4
February 19, 2010
4.0
ENVIRONMENTAL PROTECTION PLAN
4.1
PURPOSE OF ENVIRONMENTAL PROTECTION PLAN
A critical component of EMP for the Project is the Environmental Protection Plan (EPP),
whereby the environmental protection procedures that are to be followed by Project field and
construction personnel are clearly described. The main objectives of the EPP are to:
Provide clear and concise instructions to Project personnel regarding environmental

protection procedures to be followed and implemented for their respective activity;
Ensure potential environmental issues that may arise during all phases of the Project are
anticipated, and action to prevent environmental damage is taken;
Provide a reference document for personnel when planning and/or conducting specific
activities; and
Communicate changes, additions or refinements to Project environmental protection

procedures through the revision process.
The EPP is the cornerstone for all internal environmental inspection activities. For regulators
and outside environmental inspectors, the EPP provides a consolidated presentation of all
environmental requirements under which compliance can be assessed. All requirements and
commitments made within the EPP will be integrated into the Project Tracking Database, and
the reverse.
4.2
STRUCTURE AND CONTENT OF THE ENVIRONMENTAL PROTECTION PLAN
To accommodate the evolving details of the Project, stage-specific EPPs will be developed and
submitted to the appropriate regulatory agencies for review, as warranted, in a phased manner
over the life of the Project. Mitigation measures specific to each Project activity will be
developed and incorporated into the EPP through a controlled revision process.
The environmental protection procedures for the Project include the following activities
(Section 4.4):
Material procurement;
Notifications;
Site access;
Temporary workroom situation;
Hazardous material storage, handling, and disposal;
Waste management;
Air quality control;
Erosion and sedimentation reduction measures;
4.1
February 19, 2010
Traffic management
Species at Risk and migratory birds protection; and
Aboriginal Heritage Gardens protection.
Contingency and Emergency Response planning are also included in the EPP (Section 5.0 of
this document). A list of key contact personnel has also been developed and included in the
EPP (Section 6.0).
4.3
ENVIRONMENTAL COMPLIANCE
All Project personnel directly involved with decommissioning will receive environmental training.
Training will be geared toward Contractor personnel directly involved in various environmental
aspects of the Project. Training sessions will be held in advance of the commencement of
Stage 1 preparation and Stage 2 and Stage 3 decommissioning activities, with the possibility of
additional training occurring at various other times during decommissioning as required. The
environmental training will be complementary to other training that will be provided, as required,
to Project personnel.
The Project environmental training objectives are to:
a) orient Project personnel on the overall environmental program and requirements for
compliance;
b) provide an overview of Project documents relating to environmental commitments and
requirements (e.g., EMP (including EPP), EIA Report, permit conditions) and identify
mechanisms for implementation;
c) review environmental contingency and emergency response plans (e.g., spills response)
and identify responsibilities for implementation;
d) identify and describe key environmental features, including Species at Risk and of
conservation concern, and issues related to decommissioning;
e) inform Project personnel of requirements and process to report issues of non-compliance
with the EPP or other regulatory requirements; and
f)
identify key onsite personnel responsible for environmental matters.
The training will cover a broad range of topics related to anticipated environmental conditions
encountered during decommissioning, best management practices to be employed to mitigate
potential adverse environmental effects, and mechanisms in place to ensure environmental
practices are implemented effectively.
4.2
February 19, 2010
4.4
MITIGATION MEASURES
4.4.1
Generic Mitigation Measures and Best Management Practices
The following best management practices (BMPs) were developed based on industry standard,
professional expertise and local knowledge and experience. These BMPs are applicable to
decommissioning activities for all Project stages.
NBDSS will ensure all required permits and approvals from federal, provincial and municipal
agencies are acquired for the areas of work prior to decommissioning.
NBDSS and the Contractor will ensure decommissioning activities are undertaken in
accordance with all applicable conditions, permits and approvals received from federal,
provincial and municipal authorities.
NBDSS and the Contractor will follow proper health and safety procedures for the duration
of the Project in accordance with applicable municipal, provincial and federal regulations.
The Contractor will clearly delineate (e.g., flag) the working limits for decommissioning
activities, and ensure all activities are contained within the approved working limits and
access roads.
Any materials or equipment used are to be marked in accordance with the Collision
Regulations of the Canada Shipping Act when located on or in the waterway.
All equipment used for the Project must be in good working order and free from leaks.
Where appropriate, minor drips from equipment can be managed through the use of
absorbent pads until repairs are implemented.
Machinery working on the dam will have the hydraulic fluid replaced with a recognized, nonpetroleum based alternative (e.g., vegetable oil).
No equipment other than the bucket and arm of the excavator will be permitted to enter Eel
River without approval of NBENV and DFO.
Throughout decommissioning, the Contractor will implement all erosion and sediment
control measures required, in accordance with any erosion and sediment control plans that
may be developed for the Project.
A copy of the Environmental Requirements from the INAC Screening Report (Appendix B)
will be readily available on site for inspection and reference purposes during
decommissioning activities. All Contractors and associated personnel will be made aware of
and respect these requirements where applicable to their direct involvement in the work.
4.3
February 19, 2010
4.4.2
Material Procurement
The following guidelines for material procurement will be implemented when feasible.
All fill materials used during the Project will be obtained from local pits, quarries and
producers.
4.4.3
Notifications
Decommissioning activities have the potential to interact with a number of individuals or groups,
and could cause public safety concerns or disturbance to nearby residents. The following
notifications will be carried out for the Project.
NBDSS will ensure landowners and the public are notified in advance of the schedule of
decommissioning activities.
NBDSS will ensure the public is kept informed of decommissioning activities as appropriate,
particularly where safety considerations arise.
The Transport Canada Regional Operations Centre at (902) 426-6030 or toll free (800) 5651633 must be advised sufficiently in advance of commencement of work or deploying or
removing site markings in order to allow for appropriate Notices to Shipping/Mariners action.
Should the monitoring program identify a change in surface water quality below the
accepted criteria as determined by regulatory agencies, NBDSS will ensure the ERBFN and
general public are notified of any potential risks to human health and implement mitigation
measures to address the issue.
NBDSS must immediately notify the Manager of the Water Sciences Section, NBENV of any
complaint(s) received regarding water quantity or quality problems (e.g., groundwater wells).
4.4.4
Site Access
Uncontrolled access to the site can pose safety concerns for workers and increase the footprint
and subsequent environmental effects of the Project. Access to the site by Contractor
personnel, vehicles and equipment will be managed according to the following environmental
protection procedures.
Existing access to the dam will be used throughout decommissioning to the extent practical.
Access to the north shore for the Stage 2a (shoreline protection), will be along existing
roads without a requirement for clearing or road improvements. If additional access roads
are required near the shoreline, they will be constructed of granular fill over a geotextile and
removed after decommissioning is completed with the disturbed areas rehabilitated.
Access to the south end of the dam for heavy construction equipment will be available via a
Bailey bridge installed across the existing hydraulic control structure. Prior to heavy
construction equipment accessing ERBFN lands, a Land Use Permit under Section 28 of the
Indian Act will be obtained and all conditions of the permit will be followed.
4.4
February 19, 2010
4.4.5
Temporary Work Room
Decommissioning activities may require the use of some additional work space beyond the
access roads and dam structure. This space, commonly referred to as temporary work room
(TWR), may be needed for equipment laydown and storage, among other uses. The following
environmental protection procedures will be implemented:
The Contractor shall use the TWR as indicated in the contract documents.
The Contractor will limit the number and size of TWR to the extent practical. Where
additional work room is needed, the Contractor will consult with NBDSS representatives to
acquire landowner approval to ensure an appropriate environmental review of the area is
conducted prior to development or use of that area.
The location of any staging area(s) will undergo an archaeological survey and testing, as
required.
The Contractor will not be permitted to establish an equipment laydown area on the
Eel River Bar First Nation Reserve.
Any additional laydown areas should be in a previously disturbed area and avoid
archaeological resources, rare plants, migratory birds, wetlands, watercourses and other
identified environmentally sensitive areas. The laydown areas would be designed to prevent
contamination of the area through fuel spills or other refuse.
4.4.6
Hazardous Material Storage, Handling and Disposal
For the purposes of this EPP, hazardous material refers to any material that is listed by the
Workplace Hazardous Materials Information System (WHMIS), or as a toxic substance under
the Canadian Environmental Protection Act, administered by Environment Canada. Common
hazardous substances that may relate to Project decommissioning activities include petroleumbased fuels (e.g., gasoline and diesel), oils, other lubricants and hydraulic fluids.
The primary concern regarding the use of hazardous materials (e.g., oils, petroleum-based
products) is their uncontrolled release to the environment (i.e., spillage, chronic release of
petroleum products) and subsequent adverse effects on terrestrial and aquatic habitats and
species; soil and groundwater quality; and human health and safety. The environmental
protection procedures below will be followed at all times.
Hazardous materials use will only be by personnel who are trained and qualified in the
handling of these materials and in accordance with the manufacturers instructions and
government regulations.
The WHMIS program will be implemented as per the regulations put forth by Worksafe NB.
Transportation of hazardous materials will be in compliance with the federal Transportation

of Dangerous Goods Act.
Storage and handling of hazardous materials will be in accordance with the Petroleum
Product Storage and Handling Regulation pursuant to the New Brunswick Clean
Environment Act.
4.5
February 19, 2010
Storage of hazardous materials will be in a designated, clearly marked area, comply with
WHMIS requirements, and be at least 30 m from any watercourse or the wetland.
There will be no smoking within 10 m of any hazardous materials storage area.
Disposal of hazardous materials will be in accordance with applicable federal and provincial
regulations in effect at the time of disposal.
Maintenance and cleaning of mobile construction equipment will not be carried out near
residential properties, on the dam, or within 30 m of any watercourse or wetland and with no
potential for POL materials to enter the watercourses or wetlands.
Material safety data sheets (MSDS) must be located in close proximity to all areas where
hazardous materials are handled and inventory is to be made available to regulatory
agencies upon request.
The Contractor will take every precaution to minimize spills and accidental releases of fuel
and hydraulic fluid from vehicles and equipment. All spills will be managed in accordance
with the fuel and hazardous material spill response plan (Section 5.1). Contractor personnel
will be trained in the procedures and responsibilities outlined in this plan.
The Contractor will ensure all vehicles and heavy equipment are equipped with a spill kit,
with a minimum of 10 kg of commercial sorbent materials suitable for use on both soil and
water. For equipment consistently near water, this will include a surfactant boom. These
materials will be applied to contain and recover spilled material provided it is safe to do so.
See Section 5.1 for hazardous material spills response procedures.
The Contractor is to have a boat on site, properly equipped with health and safety gear (life
jackets, anchor, etc.,) to assist in any response to waterborne spills.
Refueling
The environmental protection procedures below are specific to refueling activities and will be
followed at all times.
Refueling of mobile construction equipment will not be carried out near residential
properties, on the dam, or within 30 m of any watercourse or wetland.
Refueling must be conducted within an impermeable containment pad while the piece of
equipment is sitting level.
Fuel systems will be inspected at the beginning of the job and on a regular basis afterwards.
This involves, but is not limited to, gauging or dipping, and proper maintenance.
The Contractor will ensure refueling activities are monitored at all times; vehicles must not
be left unattended while being refueled.
All containers, hoses and nozzles will be free of leaks. All fuel nozzles will be equipped with
functional automatic shut-offs.
Hoses for fuel transfers will be equipped with properly-functioning and approved check
valves, spaced to prevent backflow of fuel in the case of failures.
4.6
February 19, 2010
4.4.7
Waste Management
Solid waste will be generated in small quantities from activities associated with the Project. This
will be primarily domestic and construction waste such as paper, cardboard, wood, scrap steel
and metals, and erosion control materials.
If not properly controlled and disposed of, waste can be unsightly and cause human health and
safety concerns. Solid and liquid wastes can also attract wildlife, particularly birds, to the site if
not properly disposed of. Solid and liquid waste will be handled such that soil contamination
and surface and groundwater contamination do not occur. The following environmental
protection procedures will be implemented.
Solid waste disposal procedures will comply with provincial solid waste management
regulations, as well as any additional municipal and disposal facility requirements.
Hazardous wastes will be collected and disposed of in accordance with the appropriate
regulatory requirements.
All necessary approvals and authorizations (e.g., hazardous waste generator numbers) to
allow for the consignment of hazardous materials and wastes anticipated to be generated
during decommissioning will be acquired. Hazardous waste materials will be shipped in
accordance with applicable federal and provincial regulations.
No construction materials or debris are allowed to become waterborne. Any materials/

debris that enter the aquatic environment must be removed immediately and disposed of in
an approved manner.
All temporary structures, piles, false works, debris, cofferdams and turbidity curtains (if used)
will be removed from the waterway upon completion of the work. Any materials that are
dredged during decommissioning are not allowed to re-enter the waterway.
No waste will be deposited in wetlands, watercourses, or migratory bird habitats.
The material to be removed from the dam is uncontaminated soil, rockfill, and construction
debris and can be disposed of in areas requiring clean fill. The disposal location for the
material will be identified by the Contractor, and must be approved by the applicable
regulatory agencies prior to disposal. Opportunities to recycle the material will be preferred.
Domestic waste will be gathered and stored in closed containers to prevent the escape of
windblown materials and will be clearly labeled as permitted waste. This includes food
waste, which will also be stored in closed containers so not to attract wildlife. The
Contractor will ensure sufficient waste containers are on hand to temporarily store wastes
until they are transported for disposal at an approved waste management facility.
Paper, steel and metal scrap, cardboard, wood and tires will be collected separately and
offered for recycling where facilities are available. Any surplus to the recycling activity will
be disposed of at an approved waste disposal site.
Burning of materials onsite is prohibited.
4.7
February 19, 2010
4.4.8
Air Quality Control
Some decommissioning activities may temporarily result in the generation of small quantities of
dust, noise and air pollution. Dust can be a nuisance and physically harmful to humans and
wildlife. Noise from decommissioning activities close to residences may cause temporary
disturbance to those residents. Emissions of conventional air contaminants and greenhouse
gases will occur from the use of vehicles and equipment during decommissioning. The
following environmental protection procedures will be implemented:
Water will be the only dust suppressant used during periods when visible dust is generated.
If standard dust suppressant techniques are not effective (e.g., during periods of high
winds), decommissioning activities may be modified to protect the health and safety of
workers and the public in areas adjacent to the work area.
Watering for dust control will not result in the excessive formation of puddles, rutting by
equipment or vehicles, tracking of mud onto roads, or siltation of watercourses.
Construction equipment will be maintained in good working order and properly muffled.
Noise-generating decommissioning activities will be restricted to daytime hours and smaller

(less noisy) equipment will be used where practical.
Noise concerns raised by the public will be addressed on an individual basis in a timely
manner.
Any unanticipated events (e.g., unplanned noise event due to faulty noise abatement on
construction equipment) will be addressed by initiating immediate actions or mitigation
measures likely consisting of conventional techniques to minimize or remediate the potential
environmental effect.
Employers shall ensure that the exposure of employees to noise levels are kept as low as
practical and does not exceed the following exposures1:
Sound Level (dBA)
80
82
85
88
91
94
97
100
Duration Per Day (Hours)

24
16
8
4
2
1
The Vehicle Idling Policy described below is intended to reduce the generation of greenhouse
gases, unwanted noise and air pollutants, and should be followed to the extent reasonable.
Idling Restrictions
Turn off diesel construction equipment not in active use and dump trucks that are idling for 5
minutes or more.
Turn off all light-duty vehicles while unattended, or while not moving for 5 minutes or more.
Refer to article 30(1) on the following web page: http://www.gnb.ca/0062/regs/91-191.htm
4.8
February 19, 2010
Restrict morning vehicle warm-ups to 3-5 minutes.
Establish a staging zone for trucks that are waiting to load/unload to minimize public
exposure to emissions.
Locate idling equipment away from sensitive receptors such as fresh air intakes to buildings.
Exemptions to Idling Restrictions
when the engine is required to power auxiliary equipment (e.g., hoist, lift, computers, safety
lighting, and internal equipment);
extreme weather conditions (-10C or below/ +30C or above) or any other circumstance
where heating or air conditioning is required for worker health and safety;
when the original equipment manufacturer specifically recommends a longer idling period for
normal and efficient operation of the motor vehicle, in which case such recommended period
shall not be exceeded;
for vehicle/ equipment maintenance and diagnostic purposes; and
assisting at an emergency scene.
4.4.9
Navigational Lighting
During the course of the decommissioning, navigation lights shall be maintained to mark the
silt/turbidity curtain at an interval of no more than 200 m. Lights shall be added once the interval
is greater than or equal to 200 m, and one of the leading edge of the dam as it is being
removed.
The lights shall have the following characteristics:
1. Two nautical mile flashing amber navigation light;
2. Made visible in all directions;
3. Displayed from dusk to dawn; and
4. Display a flash characteristic of (F1) 4S (one 0.5 second flash for every four seconds).
4.4.10 Erosion and Sedimentation Reduction Measures
Increased suspended solids in water bodies can adversely affect aquatic habitat and fish. The
release of suspended solids can occur during ground-breaking decommissioning activities, and
be caused by erosion and high precipitation events. Reasonable efforts will be made to limit the
mobilization and movement of suspended solids from the site during all decommissioning
activities as follows.
4.9
February 19, 2010
Erosion and sediment control measures will be installed according to the sites topography
and layout prior to the relevant decommissioning activity, where required, and as indicated
in the construction documents.
The placement of erosion control measures along the shoreline may be preceded by an
archaeological assessment of the shoreline if determined by an archaeologist to be
warranted (e.g., Blueberry Point).
Any erosion protection measures on either side of the dam abutment will be constructed
with light construction equipment with low tire pressures and limiting disturbance of the
landward side of the shoreline.
The exposed soil area along the shoreline will be minimized by limiting the area that is
exposed at any one time and by limiting the time that any one area is exposed. All
stockpiled soil must be covered and/or dyked to prevent erosion or silty runoff from leaving
the site.
The mobilization and movement of sediment instream will be minimized during

decommissioning activities.
Any work to be conducted below the high water mark must be approved by the DFO Habitat
Coordinator for the Region.
No equipment other than the bucket and arm of the excavator will be permitted to enter Eel
River without the approval of NBENV and DFO.
Under no circumstances will any dredged material be permitted to re-enter the watercourse
or headpond.
Disturbed sediment (i.e., exposed soil) within the work area will be stabilized as soon as
practical.
Erosion and sediment control structures will be kept in place until all disturbed sediment has
been stabilized sufficiently (i.e., until the water quality (suspended sediments) has reached
acceptable levels).
Erosion control measures will be monitored and repaired as necessary throughout the
course of decommissioning (Section 5.3).
The decommissioning schedule will include an appropriate amount of time for setting of
fines. As a contingency measure, an environmentally acceptable flocculent may be used to
accelerate the reduction in suspended sediment levels.
Once the disturbed sediment has been stabilized, the sediment control structures will be
removed.
Erosion control structures will be monitored and remain in place until deemed to be no
longer necessary (i.e., the area has been sufficiently stabilized).
Throughout decommissioning, the Contractor will implement all erosion and sediment
control measures required, in accordance with any erosion and sediment control plans that
may be developed for the Project.
Following the removal of the dam, the bed and banks of the waterway will be restored as
close to their pre-dam contour as practical. The banks will be protected from erosion as
necessary. Where appropriate, exposed soil will be replanted or sodded to ensure
stabilization.
4.10
February 19, 2010
4.4.11 Traffic Management

If determined by the Project Team that increased traffic to the Project area requires traffic
management, a traffic management plan will be requested from the Contractor. The plan will be
developed in consultation with the appropriate road authorities and local law enforcement
(i.e., RCMP), and will adhere to New Brunswick Department of Transportation (NBDOT) traffic
control regulations. Trucks shall follow spring weight restrictions and legal load weight limits will
apply at all other times. All loads are to be properly secured on trucks during transit according
to the Motor Vehicle Act and any spillage of material from hauling shall be kept to a minimum
and promptly removed from the highway to prevent motor vehicles accidents. Nancy Lynch,
Director of the Transportation Policy Branch shall be contacted at (506) 453-2802 to discuss the
proposed transportation route for any possible restrictions regarding transporting of oversize or
overweight equipment and/or material on provincial highway infrastructure.
Flag persons, detours, safety barricades, fences, signs and/or flashers will be used as required
in the area of road crossings. Where construction is being carried out in an area where an
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 Brunswick
Endangered Species Act (see Table 4.1 below);
Six (6) bird species were identified under SARA (see Table 4.1 below).
Migratory birds, all bird species listed in the Environment Canada publication Birds Protected in
Canada under the Migratory Birds Convention Act, Canadian Wildlife Service Occasional Paper
No. 1, are protected under the Migratory Birds Convention Act. It is against the law to destroy
Refer to article 91(1) on the following web page: http://www.gnb.ca/0062/regs/91-191.htm
4.11
February 19, 2010
or disturb an active nest of any migratory bird, or to take or handle nests, eggs, or nestlings.
The following environmental protection procedures will be implemented.
The Project should not result in a non-permitted prohibition of SARA or a violation of the
New Brunswick Endangered Species Act.
A pre-construction field survey must be conducted to confirm that Yellow Rail (Coturnicops
noveboracensis), listed as a species of special concern under SARA, is not actively nesting
in the impoundment. Should the survey identify active nests in the impoundment area, the
Project schedule must be finalized so that physical decommissioning activities are initiated
at the end of the nesting season (i.e., once birds have left and nests are no longer active).
The results of the survey are to be submitted to NBENV and Environment Canada
(Canadian Wildlife Service [CWS]) for review, and NBDSS must receive approval from
NBENV prior to proceeding to Stage 2 of the Project.
Contractor personnel will be made aware that migratory birds and their nests, eggs, and
nestlings are protected under the Migratory Birds Convention Act.
Contractor personnel will be made aware that Species at Risk are protected by the Species
at Risk Act.
Contractor personnel will be advised of Species at Risk potentially occurring at or adjacent

to the site. Construction crews will be provided with environmental training to ensure
personnel have a broad awareness of these species (e.g., Yellow Rail).
Contractor personnel will avoid disturbing Species at Risk, migratory birds and their nesting
areas at and near the Project site.
The excavation activities will be conducted to minimize the potential environmental effects
on nesting waterfowl.
Only designated roads and access will be used. Off road vehicle travel will be limited.
The site will be kept clean of food debris and garbage to limit wildlife encounters.
If any Species at Risk are identified at or near the site, activities in the area of the
identification will be suspended and Environment Canada (CWS) will be consulted. The
need for protection procedures and mitigation, and the approval to resume work will be at
the discretion of Environment Canada.
In the unlikely event that a migratory bird is affected by a Project-related hazardous material
spill, Environment Canada (CWS) will be consulted regarding the proper procedures to
address this matter.
4.12
February 19, 2010
Table 4.1
Migratory Birds Identified in the Eel River Dam Area under the New Brunswick
Endangered Species Act (NB ESA) and/or Species at Risk Act (SARA)
Name
Bald Eagle
(Haliaeetus leucocephalus)
Rank
NB ESA: Regionally Endangered
SARA: Not considered at risk
Peregrine Falcon
(Falco peregrines anatum)
NB ESA: Endangered
SARA: Threatened
Piping Plover
(Charadrius melodus)
NB ESA: Endangered
SARA: Endangered
Harlequin Duck
(Histrionicus histrionicus)
Yellow Rail
(Coturnicops noveboracensis)
Barrows Goldeneye
(Bucephala islandica)
NB ESA: Endangered
SARA: Species of Special Concern
Comment
Eagles may occasionally visit the
Assessment area, but it is not
considered critical habitat for the
species.
There is currently no reasonable risk
for pathway interaction between the
Project and the Peregrine Falcon,
but have been observed in the
general area.
The Eel River areas does not
currently provide habitat.
Observations of the bird have been
made in the in the sandy portion of
the estuary below the dam, and on
the seaside of the Eel River Bar.
Area may be suitable for foraging,
but no observations have been made
in the Eel River areas.
Has not been observed in the
assessment area, but has been
identified by call.
Has been observed in the Eel River
estuary (below dam) and in Eel Bay.
Known to winter in estruaries and
bays in the Maritime provinces.
4.4.12.1 Aboriginal Heritage Gardens Protection

Mitigation measures may be required to ensure that the Aboriginal Heritage Gardens is
protected. The shoreline will be monitored for erosion and, if necessary, erosion control
measures will be implemented.
4.13
February 19, 2010
5.0
CONTINGENCY AND EMERGENCY RESPONSE PLANS
The overall objective of the Contingency and Emergency Response Plans is to ensure a safe,
quick and effective response to unexpected and emergency situations. This objective is
achieved by ensuring Project personnel are trained in emergency response procedures,
response resources are available, and an effective communications and reporting system is in
place.
The Contingency and Emergency Response Plans cannot prevent adverse environmental
effects, but is a method of managing potential adverse environmental effects and should be
followed in the event of an accident or unplanned event. All necessary precautions will be taken
to prevent the occurrence of accidents, malfunctions and unplanned events that may occur
throughout all stages of the Project and to minimize any environmental effects should they
occur.
5.1
FUEL AND HAZARDOUS MATERIAL SPILL RESPONSE
For all emergency spills, site clean-up will be conducted according to the Risk-Base Corrective
Action (RBCA, version 2.0) for Petroleum Impacted Sites in Atlantic Canada, established by the
Atlantic PIRI Committee and accepted by the NBENV (PIRI 2006).
The transfer of fuel from tanker trucks to storage tanks, vehicle accidents involving tanker
trucks, and leaks from fuel storage tanks and associated lines all offer the potential for fuel
spills. Other hazardous liquid products associated with equipment maintenance, such as
hydraulic fluids, lubricating oil, solvents, and anti-freeze will be used in relatively small
quantities. Storage and transfer is usually limited to small (215 L or smaller) self-dyked tanks,
thereby limiting the potential magnitude and risk from potential spills.
NBDSS will assume the overall responsibility of coordinating all spill clean-ups. All fuel, service
vehicles, and surfactant booms must carry a minimum of 10 kg of commercial sorbent material,
suitable for use on both soil and water. These materials will be applied to contain and recover
spilled material, provided it is safe to do so. The fuelling truck operator will take responsibility for
coordinating any accidental spills or leaks should they occur during fuelling.
In developing the contingency plan, the Canadian Standards Association publication Emergency
Preparedness and Response, CAN/CSA-Z731-03, was consulted.
5.1
February 19, 2010
Response Action Plan

In the event of a hazardous material spill, the first person on the scene will implement the
following procedures.
1. Ensure their own safety and, if possible and safe to do so, control danger to human life
(i.e., remove ignition sources, cordon off the area).
2. If possible and safe to do so, cut off the source of the spill.
3. Immediately call for help, identify the material spilled, and implement appropriate safety
procedures based on the nature of the hazard.
4. All spills, regardless of size, will be reported immediately to the Construction Manager (or
Project Manager if the Construction Manager cannot be contacted immediately) after
implementation of steps 1 to 3 above.
5. Obtain the assistance of others and begin to contain and clean-up the spill.
6. If the spill or leak is within 30 m of the wetland or a watercourse, regardless of size, work
must be halted in the immediate area and the spill reported immediately to the Canadian
Coast Guard (1-800-565-1633). The verbal report to the Coast Guard will include the
location, amount and type of spilled product, status of clean-up, and intended method of
disposal.
7. The Construction Manager will immediately report the spill or leak to the Bathurst NBENV
office (506-547-2092).
8. Restoration of the site must be undertaken immediately, with the possible exception of the
situation described in item #9 below. Any soil, gravel or other material that is contaminated
must be removed and replaced with clean fill material of similar characteristic. All
contaminated material must be disposed of in accordance with applicable regulations,
guidelines and practices.
9. In the event of a hazardous material spill along a shoreline, contaminated soil will have to be
excavated and disposed of in an appropriate manner. Depending on the potential of the
location, the provincial regulator (Archaeological Services) may require that a licensed
archaeologist be present as the soil is excavated in the event that the contaminated site
contains archaeological material. If a hazardous materials spill is located in an area where it
may rapidly become a threat to human health or wildlife safety (such as near a wellfield),
concerns for health and safety will pre-empt concerns for any potential archaeological
resource, and containment should proceed immediately, regardless of the presence of an
archaeologist.
5.2
February 19, 2010
10. Responsibility regarding the continued monitoring of the area of the accidental release/spill
and damage will be determined by the Stantec Consulting Ltd. Team.
5.2
DISCOVERY OF ARCHAEOLOGICAL OR HERITAGE RESOURCES
During ground-breaking activities, previously unknown archaeological or heritage resources

may be discovered. Archaeological objects that may be discovered include human skeletal
remains, projectile points (arrow heads), pottery, or structures. These features represent a
valuable cultural resource and uncontrolled disturbance could result in loss or damage to these
resources and the information represented by them.
In the event of an accidental discovery of a potential archaeological or heritage resources, the
following procedures will apply:
1. Should any unusual materials be unearthed during the decommissioning activities, the
findings will be reported to the Construction Manager.
2. If the material encountered is suspected to be an archaeological or heritage resource, work
in the immediate area of the discovery will be stopped immediately. The area will be
designated as out-of-bounds to all personnel and the public and access will be restricted by
fencing, flagging tape or any other suitable materials on hand.
3. The Project Manager will be contacted. A licensed archaeologist will be contacted to
investigate the find and determine its significance. Archaeological Services will be
contacted for guidance on the proper mitigation of the resource. Should the discovery be a
human remain (e.g., bone fragment), the local RCMP will be contacted immediately.
4. Work will only resume in the vicinity of the discovery once clearance has been received from
the appropriate authorities and agencies.
5.3
EROSION CONTROL FAILURE
Inspection and monitoring of erosion control measures will be conducted regularly (i.e., daily
during construction activities) by the Contractor, particularly before (when possible), during and
after extreme precipitation events (or snow melts that result in visible overland flow of water).
Any erosion control structures found to be damaged will be repaired immediately.
5.3
February 19, 2010

In the event of an erosion control measure failure, the following procedures will be implemented.
1. The individual who discovers a failing or damaged erosion control structure will immediately
attempt to repair the structure.
2. The Construction Manager will be notified.
3. The structure must be restored to working condition.
4. Should sedimentation persist, the Environmental Manager will be contacted.
5.4
GROUNDWATER OR SURFACE WATER CONTAMINATION
NBDSS must immediately notify the Manager of the Water Sciences Section, NBENV of any
complaint(s) received regarding water quantity or quality problems. If an agreement as to the
cause of water problems cannot be reached between NBDSS and the resident(s), NBENV will
provide independent third party arbitration, the results of which will be binding on NBDSS and
the owner of the affected water supply.
A groundwater or surface water contamination emergency consists of any emergency such that:
contamination of the water supply (public or private) exceeds drinking water standards or
NBENV determines that the quality of the water supply presents an imminent threat to the
public;
A chemical spill into a waterbody or on land occurs; and/or
A water shortage caused by a Project-related activity occurs.

In the event of a groundwater or surface water emergency, the following procedures will be
implemented.
1. NBENV will be contacted immediately and the nature of the emergency will be explained.
2. The NBDSS Project Manager will be contacted.
3. In the case of private well contamination, the affected residents will be contacted
immediately by onsite staff.
4. A plan of action between NBENV and the Stantec Consulting Ltd. Team will be developed
based on the specific situation. Mitigation measures must be approved by NBENV prior to
implementation.
5.4
February 19, 2010
5. NBDSS will be responsible for remediating the situation, including provision of an alternative
water supply if needed.
Note: In the event of a hazardous materials spill, the steps outlined in Section 5.1 of this
document will be followed.
5.5
EXTREME WEATHER EVENTS
Measures will be taken to minimize potential environmental effects during extreme weather
events as follows.
The Project schedule will be designed in anticipation of weather induced delays
Work will be scheduled to avoid periods of heavy precipitation.
The Contractor will suspend work if extreme weather conditions exist that would either
jeopardize worker safety or compromise environmental protection measures in place and
pose an undue risk to the environment during decommissioning.
It is the responsibility of the contractor to monitor weather events and adjust activities
accordingly.
5.5
February 19, 2010
6.0
KEY CONTACT LIST
The following section lists key organizations and/or individuals that may be contacted during
emergency situations or regarding regulatory issues. The Contractor contact personnel will be
identified as the Project is finalized and specific stages of work proceed.
Agency
Emergency Contacts
Royal Canadian Mounted Police
Royal Canadian Mounted Police
(non-emergency)
Emergency Accident Response
Fire Departments
Hospital
St. Joseph Community Health Centre
Campbellton Regional Hospital
Area/ Contact
All Areas
District 9 Campbellton
911
(506) 789-6000
All Areas
All Areas
911
911
280 Victoria Street, Unit #1

Dalhousie, NB
189 Lily Lake Road
Campbellton, NB
(506) 684-7000
(information)
(506) 789-5000
(information)
Environmental Emergencies and Spills

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

(Chemical Control)
(800) 565-1633
(506) 851-2129
(506) 851-7768
(506) 453-2690
(506) 444-5382
(506) 547-2092
(506) 444-5149
(506) 547-2144
(506) 453-2207
(506) 444-4746
(506) 764-2420
(506) 457-3224 (w)
(506) 447-0954 (c)
(506) 684-6033
6.1
February 19, 2010
7.0
FOLLOW-UP PROGRAM
An important component of EMP for the Project is the Follow-up Program, the requirements of
which are outlined in Condition of Approval (d).
7.1
TERMS OF REFERENCE
The main objectives of the Follow-up Program are to:
Verify the environmental effects predictions, including the effectiveness of mitigation;
Provide an early warning of undesirable change; and
Improve understanding of environmental cause and effect relationships.
The Follow-up Program includes the environmental components listed below, which were
selected based on commitments made in the EIA Report and the requirements of the Conditions
of Approval:
Terrestrial environment (including wetlands and vegetation, and Species at Risk and
migratory birds);
Groundwater and surface water resources;
Public health and safety;
Sewer and drainage outfalls;
Fish and fish habitat;
Clam and clam habitat;
Erosion control;
Current use of land and resources for traditional purposes by Aboriginal persons; and
Archaeological and heritage resources.
The Follow-up Program will be divided into stages that correspond with the Project phases. A
preliminary overview of the approach for each environmental component of the Follow-up
Program is provided in the sections below. The Follow-up Program will be filed with NBENV as
part of the EMP and provided to the stakeholders and ERBFN for review, prior to the
commencement of decommissioning activities. Feedback from these groups will be considered
in finalizing the Follow-up Program. Should modification to the Follow-up Program be required
throughout the course of each phase and subsequent review, adjustments to the Program(s) will
be made and the appropriate authorities will be notified. Follow-up and monitoring activities will
be carried out by qualified personnel and using standard protocols, as appropriate.
7.1
February 19, 2010
7.2
TERRESTRIAL ENVIRONMENT
7.2.1
Wetlands and Vegetation
7.2.1.1 Re-Vegetation and Vegetation

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

Objective: Field survey to confirm that Yellow Rail (Coturnicops noveboracensis), listed as a
species of special concern under SARA, is not actively nesting in the impoundment.
Project Stage: Stage 1
Method: Surveys will likely be planned for the early June to mid-July 2009 timeframe to
coincide with the breeding/nesting period of this species, and will consist of 1-2 surveys per
week over the month long period. Surveys will be conducted in the evening, which is when this
species is most active. Should the survey identify active nests in the impoundment area, the
Project schedule must be finalized so that physical decommissioning activities are initiated at
the end of the nesting season (i.e., once birds have left and nests are no longer active). The
results of the survey are to be submitted to NBENV and Environment Canada (Canadian
Wildlife Service [CWS]) for review, and NBDSS must receive approval from NBENV prior to
proceeding to Stage 2 of the Project.
While conducting the Yellow Rail surveys, observations of any other rare or endangered species
will be noted and the need for additional mitigation/monitoring will be determined in consultation
with NBENV and CWS.
7.2
February 19, 2010
7.2.2.2 Migratory Birds

Objective: The purpose of this monitoring is to document shifts in bird species present and
especially to identify breeding behaviour and document the fate of Species at Risk and other
rare or endangered species that are currently present, and to document use by new Species at
Risk and other rare or endangered species.
Project Stage: Post-Stage 2
Method: The post-decommissioning Follow-Up Program for migratory birds will focus on
Species at Risk and other rare or endangered species. Follow-up will document habitat use and
focus on changes in the occurrence of such species (predicted to be positive) that may occur as
a result of the Project. Changes in bird species use (i.e., species present and behaviour) should
be apparent in the first year following the initial opening (i.e., in the year following Stage 2). The
transition to marine shoreline habitat is expected to proceed very quickly and it is likely that
appropriate nesting behaviour should be evident at that time. Therefore, spring and fall
monitoring will be scheduled for two years following restoration of tidal flow.
7.3
GROUNDWATER AND SURFACE WATER RESOURCES
7.3.1
Surface Water
7.3.1.1 Water Quality

Objective: Follow-up monitoring for water quality will be conducted to identify changes in surface
water quality (including total suspended solids (TSS), faecal coliforms, E. coli and enterococci).
Faecal coliforms will be monitored in the estuary to confirm the positive environmental effects
that have been predicted. Additionally, TSS levels will be monitored to help inform the erosion
control methods. TSS levels should be consistent with CCME Guidelines, which state that
human activities should not cause suspended solid levels to increase by more than 10% of the
natural conditions expected at that time. In Stage 2 of the Project, following 150 m section
removal and before removal of siltation control measures, the TSS levels will indicate when it is
appropriate for the siltiation control measures to be removed (after TSS levels in the excavation
area have reduced to acceptable levels). The water quality monitoring plan will include water
quality sampling before, during Stage 2, and post Stage 2 project activities. The monitoring plan
will include TSS. E. coli, and enterococci sampling at all sampling locations. This water quality
monitoring plan will also cover the water quality aspects of the fish and fish habitat follow up
program.Should the monitoring program identify a change in surface water quality below the
accepted criteria as determined by regulatory agencies, NBDSS will ensure the ERBFN and
general public are notified of any potential risks to human health and implement mitigation
measures to address the issue. Such mitigation must be approved by the Director, Project
Assessment and Approvals Branch, NBENV, prior to implementation.
7.3
February 19, 2010
Project Stage: During Stage 2 and during the spring freshet the first year after, routine
monitoring of Total Suspended Sediments (TSS) will be conducted as necessary. Faecal
coliforms will be monitored post-decommissioning. The faecal coliform monitoring program will
be conducted 1 year and 3 years after decommissioning.
Method: The Follow-Up Program will include the monitoring of TSS, faecal coliforms, E.coli,
and enterococci. Water samples will be collected and submitted for laboratory analysis.
Samples will be collected either using a battery-operated water pump connected to a
submersible hose with the intake placed at mid depth of the water column, or using a discrete
water sampler (horizontal Alpha water sampler). Both of these techniques are widely used and
considered to be reliable. Water quality samples were taken in 2004 and 2005 at several
stations (U1 7 and TD 1 - 4). To the best degree possible, these stations will be used again.
(Appendix C)
7.3.2
Groundwater
Objective: Monitoring of groundwater for all private wells that could potentially be affected by
decommissioning activities will be conducted to identify changes. In the event that the water
quantity or quality of residential wells is affected by the projected, NBDSS will investigate and
potentially rectify the situation, including provision of an alternative water supply (e.g., drilling a
new well or hook-up to the municipal drinking water system).
Project Stage: Stage 1, Stage 2 and post-Stage 2.
Method: Baseline groundwater monitoring must be conducted for all private wells that could
potentially be affected by activities. NBDSS must immediately notify the Manager of the Water
Sciences Section, NBENV of any complaint(s) received regarding water quantity or quality
problems. If an agreement as to the cause of water problems cannot be reached between
NBDSS and the resident(s), NBENV will provide independent third party arbitration, the results
of which will be binding on NBDSS and the owner of the affected water supply.
7.4
PUBLIC HEALTH AND SAFETY
Objective: A pre-decommissioning geodetic survey program will be carried out to confirm

predictions that no infrastructure lies below 3.4 m proximal to the estuary. Additionally, a postdecommissioning monitoring program will be developed for faecal coliforms in the estuary to
confirm the positive environmental effects that have been predicted (see Section 7.3.1.2 above
for details).
Project Stage: Stage 1 and post-Stage 2.
Method: A geodetic survey will be completed by Boissonnault McGraw in early spring and 1
and 3 years following Stage 2. See Section 7.3.1.2 above for details on monitoring faecal
coliforms.
7.4
February 19, 2010
7.5
SEWER AND DRAINAGE OUTFALLS
Objective: To determine the need for mitigation measures to ensure the continued operation of
all sewer and drainage outfalls along the Eel River that could be affected by the Project.
Project Stage: Stage 1 Survey of Eel River is complete for sewer and drainage outfalls and no
mitigation measures are required at this time. It is possible that once the 150 m section of dam
is removed in Stage 2, further sewers and/or drainage outfalls will be identified. Mitigation
measures will be employed at that time if necessary.
Method: A review of all sewer and drainage outfalls along the Eel River that could be affected by
the Project will be completed. Should the need for mitigation measures to ensure their
continued operation be identified, they will be implemented prior to the commencement of Stage
2 activities. This information will be submitted to the NBENV for review and approval prior to the
commencement of Stage 2 activities.
7.6
FISH AND FISH HABITAT
7.6.1
Total Suspended Sediments
Objective: Follow-up monitoring for total suspended solids (TSS) will be conducted to identify
changes. TSS levels should be consistent with CCME Guidelines, which state that human
activities should not cause suspended solid levels to increase by more than 10% of the natural
conditions expected at that time.
Project Stage: Post-Stage 2 and during levels of high water flow the first year after
decommissioning, routine monitoring of TSS will be conducted as necessary.
Method: See section 7.3.1.1
7.6.2
Bacteria
Objective: Bacteria (faecal coliform) in the water will be monitored to determine if the shellfish
harvesting area is improving.
Project Stage: Post-Stage 2.
Method: See Section 7.3.1.1
7.6.3
Sediment Quality
Objective: Sediment quality will be monitored to determine if concerns are being rectified and if
the shellfish harvesting area is improving.
7.5
February 19, 2010

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

habitat for softshelled clams (Mya arenaria) upstream and downstream of the dam (one of the
three Project Objectives). As clams are of great interest to ERBFN, they have been selected as
the fishery resource to monitor under condition d) in the EIA Conditions of Approval (iv)
Fisheries resources - to monitor impacts/changes resulting from the project on selected fishery
resources and as per the Follow-up Program proposed in the EIA Report.
Project Stage: Post-Stage 3, at 2, 5, and 10 years after dam removal.
Method: As the clam habitat was affected by sedimentation on clam beds and the presence of
sewage-related bacteria, refer to Section 7.6.3 and 7.3.1.1 above for methods to monitor clam
habitat. To determine the abundance and distribution of clams in the Eel River Bar area, work
will be conducted during the ebb tide and continued into the flood tide until the water is too deep
to dig clams. All of the sampling quadrats will be sub-tidal. Clams will be divided into two
groups. The first group are sub-legal clams ranging in size from 0 m to 50 mm and the second
group are legal clams greater than 51 mm.
Upstream of the dam, a pre-survey will be conducted to determine in which area(s) random
quadrats will be sampled for the Follow-up Program and monitoring activities. In addition, local
Aboriginal persons and residents in the area may be questioned regarding the areas of the clam
fishery in the past to determine the location of sampling quadrats upstream of the dam.
Downstream of the dam, a pre- and post-dam removal comparison on the abundance of clams
will be conducted. Random quadrats will be placed along the same transects in areas surveyed
in 2004 for the EIA study (Figures 7-1 and 7-2) on the condition that the sediment grain size has
remained relatively unchanged (i.e. it did not change to gravel). Clam surveys will be conducted
in the summer during a spring tide (large tide that occurs during the new and full phases of the
moon) at low water as was done for the 2004 survey. If the sampling areas have changed in
regard to sediment grain size, then a pre-survey will be conducted to establish where the clams
are now located.
7.6
February 19, 2010
Figure 7.1
Locations of clam transacts conducted in 2004

o The white lines are the transect lines spaced at 20m.
o The black dots are the quadrat stations.
Figure 7.2
Locations of clam samples conducted in 2004

o The black and white dots are the areas that were sampled during the preliminary
survey
o The white shaded area is where local residents stated the clam fishery took place in
the past.
7.7
February 19, 2010
7.7
EROSION CONTROL
Objective: To assess erosion protection measures, channel evolution and unplanned erosion
along the shoreline of the estuary (including in near the Aboriginal Heritage Gardens) will be
monitored. If deemed necessary, signs of erosion will be addressed through erection, repair
and/or reinforcement of erosion control measures as required. This monitoring will continue
following decommissioning until conditions are deemed to have stabilized.
Project Stage: During and post-Stage 2.
Method: A survey will be conducted along the shorelines to assess erosion protection
measures. Shorelines will also be re-surveyed for unplanned erosion at later dates through
visual inspections conducted during other environmental surveys (e.g., bird, archaeology).
During these surveys, observations of any unplanned erosion will be noted and the need for
additional monitoring will be determined in consultation with NBENV and Environment Canada.
7.8
CURRENT USE OF LAND AND RESOURCES FOR TRADITIONAL PURPOSES BY

ABORIGINAL PERSONS
Objective: The Follow-Up plan will monitor the predicted positive changes to the Current Use of
Land and Resources for Traditional Purposes by Aboriginal Persons as a result of the Project.
Method: Engage First Nations to determine an appropriate methodology.
7.9
ARCHAEOLOGICAL HERITAGE RESOURCES
Objective: The purpose of the Follow-Up Program is to determine the condition of any newly
exposed heritage resources in the current impoundment, along the shoreline and in/along
upriver portions that were flooded as a result of the dam.
Project Stage: Stage 1 and post-Stage 2.
Method: Before decommissioning, the placement of erosion control measures along the
shoreline may be preceded by an archaeological assessment of the shoreline if determined by
an archaeologist to be warranted (e.g., Blueberry Point). The location of any staging area(s) will
undergo an archaeological survey and testing, as required. After Decommissioning, all exposed
shoreline areas that are presently covered in water by the impoundment, will undergo a
comprehensive archaeological survey.
7.8
February 19, 2010
During Stage 2, the water level in the impoundment area is expected to revert rapidly to predam level, and thus sections of newly exposed shoreline, floodplain and islands may be subject
to erosion. A field investigation must be developed and conducted by a professional
archaeologist immediately following decommissioning (as soon as conditions safely permit). If
any archaeological sites are encountered during this survey, their condition will be evaluated in
relation to the potential threat of erosion and from unauthorized digging, theft of artifacts, and
other future human activity/development once exposed. The field investigation (and subsequent
final report) must meet the requirements of the Project Executive, Archaeological Services of
the Department of Wellness, Culture, and Sport.
7.9
February 19, 2010
8.0
SUMMARY
The purpose of the proposed Environmental Management Plan is to provide protection of the
environment at each of the three stages of the Project. The included EPP is designed to ensure
that construction and operation-related commitments of the EIA and other regulatory permits are
followed. The EMP and its supporting documents and procedures will be submitted to the
Director of Project Assessment Branch at NBENV and other regulatory authorities for review
and approval prior to the initiation of Stage 2 of the Project.
8.1
APPENDIX A
Conditions of Approval (NBENV)
APPENDIX B
Copy of Environmental Requirements (INAC Screening Report)
APPENDIX C
Figure 3.4.2 Location of Water Sampling Stations in
2004 and 2005
(From: Final Report Environmental Impact Assessment for the
Removal of the Eel River Dam [dated March 31, 2006])
APPENDIX D
Figure 3.2.4 Location of Sediment Sampling Stations and
Sections in 2004
(From: Final Report Environmental Impact Assessment for the Removal of the Eel River
Dam [dated March 31, 2006])

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ENVIRONMENTAL MANAGEMENT PLAN FOR

THE EEL RIVER DAM REMOVAL PROJECT

Project No. 121810050 (1049282)

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

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

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

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Air Quality Control ................................................................................................ 4.8

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

6.0 KEY CONTACT LIST ......................................................................................................... 6.1

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Conditions of Approval (NBENV)

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Stage 1 design, permitting, planning, and communication;

Stage 2a shoreline protection;

Stage 3 remove the remainder of the Eel River dam.

Condition of Approval (d) requires the development of a comprehensive Environmental

OBJECTIVES OF THE EMP

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ORGANIZATION OF THE EMP

The EMP is organized into the following sections:

Section 2.0 Environmental Requirements provides the regulatory framework and

Section 4.0 Environmental Protection Plan prescribes the environmental protection

Section 7.0 Follow-up Program provides a high-level description of the objectives,

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

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)

Clean Environment Act, administered by NBENV

Clean Water Act, administered by NBENV

Environmental Impact Assessment Regulation 87-83, made pursuant to the Clean

Crown Lands and Forests Act, administered by the NBDNR

The Community Planning Act, administered by Restigouche District Planning Commission, is

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Navigable Waters Protection Act Approval (Transport Canada 2006)

Watercourse and Wetland Alteration permits (NBENV, upon issuance)

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 ;

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).

REVIEW OF REQUIRED ENVIRONMENTAL APPROVALS

Watercourse and Wetland Alteration Permit

Indian Act Land Use Permit

Navigable Waters Protection Act Approval

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KNOWN ENVIRONMENTAL APPROVALS REQUIRED FOR THE PROJECT

INAC Land Use Permit

INAC Land Use Permit (to

MANAGEMENT OF ENVIRONMENTAL COMMITMENTS

Environmental Management Plan