NOTICE OF DETERMINATION

Dorval – 2023-03-30 – Transport Canada has determined that the proposed construction of an access road in the non-leased sector in Mirabel is not likely to cause significant adverse environmental effects.

This determination was based on a consideration of the following factors:

• impacts on rights of Indigenous peoples;
• Indigenous knowledge;
• community knowledge;
• comments received from the public; and
• technically and economically feasible mitigation measures.

Mitigation measures taken into account for this determination are:

Physical Environment

- Limit stripping, clearing, excavation, backfilling and grading of work areas to the strict minimum necessary to respect the natural topography and prevent erosion.

- Avoid the creation of ruts and soil compaction that affect surface water runoff and infiltration into the soil by using vehicles adapted to the bearing capacity of the soil and by avoiding driving on wet soil. Limit interventions using heavy machinery on erodible, fragile, sloping or poorly bearing soils.

- Unused excavated material will be evacuated off-site. The contractor will, however, reduce the amount of spoil to be disposed of by attempting to reuse it in landscaping located within the road right-of-way.

- Vehicles and equipment shall be cleaned prior to arrival at the work site to remove mud, plant fragments, animals and microorganisms.

- At the beginning of the work, the contractor shall submit an emergency response plan for accidental spills of contaminants. Ensure that the response plan contains, at a minimum, a response diagram and alerting structure, and that it is placed in an easily accessible location and in full view of all employees. Have equipment on site to respond to a contaminant spill, including a rapidly deployable floating phase containment device such as booms (for petroleum spills).

- Continuously monitor all handling of fuel, oil, other petroleum products or contaminants, including transferring, to prevent accidental spills.

- In case of a spill, immediately report the situation to: Environment Canada emergency service (1-866-283-2333) and Urgence Environnement du Québec (1-866-694-5454) as well as to SPAC representative.

- Recover any spilled contaminated spoil as soon as possible and dispose of it according to the regulations in force.

- Avoid leaving the engines of construction equipment and trucks running unnecessarily when they are not in use.

- Use well-maintained machinery, preferably equipped with baffles, muffler systems in good condition (to minimize the emission of airborne contaminants), exhaust and engine covers.

- Open burning of woody material or waste is prohibited.

Biological Environment

- Prior to the start of the work, delimit and mark out the clearing zones in order to delimit the protection perimeters of the trees and shrubs to be preserved. At no time should machinery circulate outside the 15 m right-of-way. This marking must be maintained during the work.

- The topsoil will be recovered, stockpiled and reused in the final grading work. If necessary, the topsoil will be screened. To limit the impact of the construction work on the natural environment, the circulation of construction equipment will be prohibited outside the stripped surfaces.

- Prior to earthwork and even before the start of topsoil removal, the contractor will have taken care to design and install silt fences to effectively control erosion of the stripped surfaces and prevent the dispersion of suspended particles in surface runoff.

- Side ditches and culverts will be designed to prevent erosion and scour problems. Where necessary, culvert inlets and outlets will be protected by riprap structures.

- During construction, provisions will be made to prevent wind erosion of sandy materials. The use of tarps and frequent watering of fine granular material is required.

- Do not wade through wetlands and waterbodies with machinery or rolling stock. Traffic in these areas should be exceptional, with machinery adapted to their load-bearing capacity.

- Ensure the continued hydrology of wetlands MH1 and MH2 and maintain their hydrological connectivity.

- Ensure a minimum 10 m buffer between the road and the wetland east of the study area and the intermittent stream west of the study area.

- Protecting any temporary piles of unconsolidated material located within 30 m of a wetland or watercourse with a temporary stabilization measure to prevent the transport of soils to watercourses, ditches or wetlands

- Carry out maintenance, cleaning and refueling of machinery and equipment at a distance of at least 30 m from watercourses and wetlands.

- Carry out clearing work outside of the bird nesting season (April 15 to August 31) to avoid incidental take under the federal Migratory Birds Convention Act, 1994, which aims to protect and conserve migratory birds (individuals and populations) and their nests.

- If a nest containing eggs or chicks of a migratory bird species is found in the work area, all noise activities will be stopped in the vicinity of the nesting site. The nest will be protected with a protected area and the Departmental Representative will be notified so that the Canadian Wildlife Service can be contacted for further action.

- At any time, if a migratory bird species is observed in the work area, the work will be stopped and the Departmental Representative will be notified.

- Prior to the start of the work, delimit and mark out the clearing zones in order to delimit the protection perimeters of the trees and shrubs to be preserved. At no time shall machinery be allowed to travel outside the 15 m right-of-way. This marking must be maintained during the work.

- Implement effective measures to limit the flow of sediment from the work site into the aquatic environment and ensure their maintenance (e.g., sediment barriers, berms, sediment traps, sedimentation basins, temporary stabilization of slopes, detour of water to vegetated areas). Measures must remain effective during periods of high water, heavy rainfall or freezing temperatures.

- When work must be carried out in water, isolate the work area so as to work in the dry or limit the input of sediments into the aquatic environment (e.g. cofferdams, diking and pumping, temporary diversion, turbidity curtain)

- Prior to clearing, identify in the field the 3 butternut trees and the 20 or so black maples present near the work area. A perimeter of 2 m must be identified in the field with the help of tapes so that the machinery does not affect them at any time.

- Carry out the clearing work outside the bird nesting period (April 15 to August 31) in order to avoid incidental take in accordance with the Federal Migratory Birds Convention Act of 1994, which aims to protect and conserve migratory birds (individuals and populations) and their nests.

Human Environment

- Ensure the cleanliness of public roads throughout the work. Remove mud from all vehicles and machinery before using the roads.

- Take the necessary measures to ensure that the roads can be used and crossed without problems by other users of the area.

- Notify the Fédération des clubs de motoneigistes du Québec of the work schedule and the fact that the portion of trail no. 3 affected by the work will not be accessible for the duration of the work.

- Clear signage must be put in place to prohibit snowmobilers and ATVs from using the trail for the duration of the work.

- Clear signage must be put in place to indicate the constraints imposed by the work (road obstruction, detour, parking ban, etc.) in order to ensure the safety of road users at all times, if necessary.

- Any discovery of archaeological remains will result in the interruption of work at the site of the discovery. The person responsible for monitoring the site will be notified immediately to determine the next steps.

Transport Canada is satisfied that that the carrying out of the project is not likely to cause significant adverse environmental effects.

Therefore, Transport Canada may carry out the project, exercise any power, perform any duty or function, or provide financial assistance to enable the project to be carried out in whole or in part.