COPY · 2020-03-27 · Janet McCartney, Senior Real Estate Specialist, Real Estate, Vancouver Fraser Port Authority encl (4) Project Permit No. 12-066 Coal Capacity Project Permit

March 27, 2020

Mr. Ron Sander Neptune Bulk Terminals Ltd. 1001 Low Level Road, PO Box 86367 North Vancouver, BC V7L 4K6 [email protected]

Dear Mr. Sander:

Re: Neptune Bulk Terminals Ltd. – Request for Construction Outside of Regular Work Hours: PER No. 18-027 Dredging to Deepen Berth 1; PER No. 17-131 Neptune Cargill Overpass Extension; PER No. 12-066 Coal Capacity & PER No. 12-066-1 West Quadrant Shiploader Amendment

Vancouver Fraser Port Authority (the port authority) has received a request from Neptune Bulk Terminals Ltd., to allow construction works for 24 hours a day, 7 days a week (excluding statutory holidays) related to the above noted projects for a period of 6 months. These requested hours are outside the standard hours stated in the following project permit conditions:

Condition No. 23 of Project Permit No. 18-027

Condition No. 17 of Project Permit No. 17-131

Condition No. 18 of Project Permits No. 12-066 and 12-066-1

The port authority understands the request for construction outside of regular work hours is to allow Neptune Bulk Terminals Ltd. to manage their various construction projects while also managing the day to day operations of the terminal, utilizing working windows between train and marine traffic schedules and operational shutdowns in an effective manner.

The port authority has undertaken and completed a review of the requested amendments in accordance with the Canada Marine Act, section 5 of the Port Authorities Operations Regulations, and section 82 of the Impact Assessment Act.

To meet the requirements of the Impact Assessment Act, the port authority posted a description of the requested amendments and notice of public participation to the Canadian Impact Assessment Registry and considered the factors set out in section 84. We concluded that the requested extension to work hours related to the various project permits listed above, is not likely to cause significant adverse environmental effects.

Accordingly, the port authority authorizes the extended hours requests for a period of 6 months (until September 30, 2020) for PER No. 18-027, PER No. 17-131, PER No. 12-066 and 12-066-1.

The port authority also authorizes an amendment to Project Permits PER No. 18-027, PER No. 17-131, PER No. 12-066 and 12-066-1 to replace conditions No. 23, 17 and 18 respectively with the following revised condition.

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mailto:[email protected]

Mr. Sander PER No. 18-027, 17-131, 12-066, 12-066-1 Amendment March 27, 2020 Page 2 of 2

REVISED CONDITION

All general construction and physical activities related to the Project shall be conducted from Monday to Saturday between the hours of 7:00 am and 8:00 pm. No construction and physical activities shall take place on Sundays or holidays. To modify these hours the Permit Holder must submit a plan, describing proposed activities and additional mitigation, to VFPA’s satisfaction no less than 20 business days prior to the desired start date.

These amendments have been assigned Amendment PER No. 18-027-1, PER No. 17-131-1 and PER No. 12-066-2. Please quote this reference number in all future correspondence. Thank you for your cooperation throughout our review. Should you have any questions regarding this approval, please contact Regan Elley at 604-665-9594 or [email protected].

Yours truly,

Vancouver Fraser Port Authority

Peter Xotta Vice President, Planning & Operations

cc Greg Yeomans, Director, Planning & Development, Vancouver Fraser Port Authority Carrie Brown, Director, Environmental Programs, Vancouver Fraser Port Authority Regan Elley, Planner, Planning, Vancouver Fraser Port Authority Donna Hargreaves, Compliance Monitoring and Enforcement Specialist, Vancouver Fraser Port Authority Janet McCartney, Senior Real Estate Specialist, Real Estate, Vancouver Fraser Port Authority

encl (4) Project Permit No. 12-066 Coal Capacity Project Permit No. 12-066-1 West Quadrant Shiploader Amendment Project Permit No. 17-131 Neptune Cargill Overpass Extension Project Permit No. 18-027 Dredging to Deepen Berth 1

Original Copy Signed

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THIS IS NOT A BUILDING PERMIT PP#2012-066

Page 1 of 3

PROJECT PERMIT NUMBER 2012-066

DATE OF APPROVAL January 23, 2013

APPLICANT Neptune Bulk Terminals Ltd.

ADDRESS OF APPLICANT1001 Low Level Road, PO Box 86367 North Vancouver BC V7L 4K6

PROJECT LOCATION 1001 Low Level Road, North Vancouver

PROJECT TITLE Neptune Coal Capacity - Allison

PROJECT DESCRIPTION

For the purposes of this Permit, the Project is understood to include the following “Works” on Vancouver Fraser Port Authority property:

Installation of a coal dumper building, related conveyor and equipment, and a replacement shiploader.

GENERAL CONDITIONS OF APPROVAL:

1. This Permit is conditional on a valid tenure agreement with respect to the subject premises being in place. NO CONSTRUCTION MAY COMMENCE IN THE ABSENCE OF A VALID TENURE AGREEMENT.

2. This Permit is granted subject to the fulfillment of all other requirements of the Vancouver Fraser Port Authority (VFPA), doing business as Port Metro Vancouver, relating to the Project, and subject to all applicable laws and other necessary approvals being obtained. Prior to commencing construction the Applicant shall ensure that it has complied with all necessary legal requirements and that all necessary regulatory approvals have been obtained. Furthermore, the issuance of the VFPA Project Review Permit does not preclude compliance with the regulatory processes and requirements of any other applicable agencies;

3. This Permit in no way endorses or warrants the design, engineering, or construction of the construction works contemplated under this Permit and no person may rely upon this Permit for any purpose other than the fact that VFPA has permitted the contemplated construction works to commence, subsequent to the issuance of this Permit, in accordance with the terms and conditions of this Permit;

4. In consideration of the granting of this Permit by VFPA the Applicant agrees to indemnify and save harmless VFPA against any and all actions, claims, loss, damages or other expenses in any way arising or following from or caused by the granting of this Permit or the construction of any works as contemplated by this Permit;

5. Development shall be generally in accordance with the application submitted by Ron Sander on behalf of Neptune Bulk Terminals Ltd. on June 1, 2012, including the attached drawings titled, numbered and dated:� “Allison General Overall Site Plan without Aerial” No. 303817-GA-100-100-1001-002,

Dated June 16, 2012, Revision A, by Hatch Mott MacDonald;

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PP#2012-066Page 2 of 3

� “Allison Mechanical Coal Dumper No. 2 General Sections” No. 303817-MH-100-400-1003-02, Dated June 16, 2012, Revision A, by Hatch Mott MacDonald;

� “Allison Mechanical Coal Receiving Conveyor C101 Plan and Elevation” No. 303817-MH-100-400-1011-01, Dated May 22, 2012, Revision A, by Hatch Mott MacDonald;

� “Allison Mechanical Berth 1 Coal Shiploaders Setting Plan” No. 303817-MH-100-600-1005-01, Dated June 22, 2012, Revision A, by Hatch Mott MacDonald;

� “Allison Mechanical West Coal Shiploader Elevation” No. 303817-MH-100-600-1006-01, Dated June 22, 2012, Revision A, by Hatch Mott MacDonald;

6. The Applicant shall adhere to the conditions listed on the attached VFPA Schedule of Environmental Conditions numbered 12-066;

7. The Applicant is responsible for locating all existing site services and utilities including any located underground and the Applicant shall ensure that these services and utilities are protected during construction and operation of the Project. The Applicant is responsible to employ best practices and meet applicable code requirements with respect to protection of existing site services and clearance between existing and proposed site services. The Applicant is responsible for repair or replacement of any damage to existing site services and utilities, to the satisfaction of VFPA, that result from construction and operation of the Project;

8. Details of any significant proposed changes to the Project or relating to the application must be submitted to VFPA for consideration of an amendment to this Permit;

9. Prior to commencement of construction, the Applicant shall submit signed and sealed drawings and professional letters of assurance approved for construction by a professional engineer licensed to practice in the Province of British Columbia, and shall obtain a VFPA Building Permit;

10. The Applicant shall provide VFPA with a construction schedule prior to commencement of construction and shall provide VFPA with regular updates of the construction schedule throughout the duration of construction;

11. The Applicant shall notify VFPA upon commencement of construction of the approved works and upon completion of the Project;

12. A construction notice shall be mailed to residents that received the household informationmailer at least two weeks prior to commencement of construction;

13. The Applicant shall ensure that an Archaeological Monitor registered to practice in British Columbia is on site during excavation of the dumper building foundation, and will cease all related activities should any archaeological artifacts be uncovered, and until such time as a recovery and mitigation plan is reviewed and approved by VFPA;

14. The Applicant shall adhere to the recommendations made in the noise study prepared by BKL and submitted to VFPA on November 10, 2012, including maintenance of strict operating noise controls, new administrative controls, use of quieter fan motors, and acoustic design review;

15. The Applicant shall submit plans detailing the train wheel noise abatement devices proposed in accordance with the recommendations of the noise study conducted by BKL and submitted to VFPA on November 10, 2012;

16. All construction activities shall be in compliance with City of North Vancouver Noise Control By-Law No. 5819, as amended;

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PP#2012-066Page 3 of 3

17. The Applicant shall prepare and implement a construction traffic plan prior to the commencement of construction, to the satisfaction of VFPA;

18. The Applicant shall designate a point contact who shall be responsible for coordination of on-site construction activities with VFPA contractors and consultants working on the Low Level Road project for the duration of construction of the authorized upgrades;

19. The Applicant may place temporary construction trailers on site while this permit remains in effect, provided that the Applicant shall not connect such trailers to any underground utilities without the prior written consent of VFPA which may include, without limitation and at VFPA’s discretion, a VFPA Building Permit;

20. The Applicant shall provide as-built drawings, in both AutoCAD and Adobe (PDF) format, within 60 days of completion of all works; and,

21. The approved works must commence by January 31, 2014 (the “Commencement Date”) and be complete no later than January 31, 2018 (the “Completion Date”). For an extension to the Commencement Date, the Applicant must apply to VFPA in writing no later than 30 days following that date. For an extension to the Completion Date, the Applicant must apply in writing to VFPA no later than 30 days prior to that date. Failure to apply for an extension as required may, at the sole discretion of VFPA, result in termination of this approval.

Peter XottaVice President Planning and Operations

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PER No. 12-066-01 Page 1 of 13

VANCOUVER FRASER PORT AUTHORITYPROJECT AND ENVIRONMENTAL REVIEW

REPORT AND PERMITPER No.: 12-066-01Tenant: Neptune Bulk Terminals Canada Ltd.

Project: Neptune Coal Capacity – Amendment – West Quadrant Shiploader

Project Location: 1001 Low Level Road, North VancouverVFPA SID No.: CNV074Land Use Designation: Port Terminal

Applicant/Permit Holder: Stantec Consulting Ltd. on behalf of Neptune Bulk Terminals Canada Ltd.

Category of Review: Amendment (B)Date of Approval: May 7, 2018Date of Expiry: August 31, 2021

1 INTRODUCTIONThe Vancouver Fraser Port Authority (VFPA), a federal port authority, manages lands under the purview of the Canada Marine Act, which imparts responsibilities for environmental protection. VFPA accordingly conducts project and environmental reviews of works and activities undertaken on these lands to ensure that the works and activities will not likely cause significant adverse environmental effects. This project and environmental review report and project permit (the Permit) documents VFPA’s project and environmental review of PER No. 12-066-01: West Quadrant Shiploader Amendment (the Project) proposed by Stantec Consulting Ltd. working on behalf of Neptune Bulk Terminals Canada Ltd. (the Applicant).

This project and environmental review was carried out to address VFPA’s responsibilities under the Canada Marine Act, and to meet the requirements of the Canadian Environmental Assessment Act,2012 (CEAA 2012), as applicable. The proposed Project is not a CEAA 2012 “designated project” and an environmental assessment as described in CEAA 2012 is not required. However, VFPAauthorization is required for the proposed Project to proceed and in such circumstances, where applicable, Section 67 of CEAA 2012 requires federal authorities to assure themselves that projects will not likely cause significant adverse environmental effects. This review provides that assurance.In addition, VFPA considers other interests, impacts and mitigations through the project and environmental review.

The project and environmental review considered the amendment application along with supporting studies, assessments and consultations carried out or commissioned by the Applicant, as well as other information provided by the Applicant. In addition, this project and environmental reviewconsidered other information available to VFPA and other consultations carried out by VFPA. A full list of information sources germane to the review is provided in the following pages of this report.

The scope of this review is limited to the elements of a previously authorized project that have changed since the original authorization under project permit 2012-066 was issued on January 23, 2013. It does not constitute a review of the entire project, or the impacts of the entire project.

This Permit is the authorizing document allowing the Applicant to proceed with the amendmentsubject to the listed project and environmental conditions.

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VANCOUVER FRASER PORT AUTHORITY | PROJECT AND ENVIRONMENTAL REVIEW REPORT AND PERMIT

PER No. 12-066-01 Page 2 of 13

2 PROJECT DESCRIPTIONNeptune Bulk Terminals Canada Ltd. proposes to modify the scope of works authorized in 2013under project permit 2012-066. The proposed modifications relate to a redesign of the westquadrant shiploader and include a new upland pivot point and in-water quadrant rail, new berthing moorings and dolphins, and a stern vessel gangway. A total of 72 new in-water steel piles will be installed, rather than the 4 steel piles previously authorized.

The updated shiploader design and associated structures will enable loading the holds on larger cape size bulk carriers without needing to move (warp) the vessel once berthed. In addition, thenew shiploader rail and pivot will include upgraded seismic specifications for the loading structures.The revised design is also proposed to address constructability concerns with the original proposal, which would have resulted in more significant down time for the loader during the construction period.

The location of the proposed shiploader affects the terminal employee parking area, displacing approximately 30 parking spaces. Neptune has re-purposed the area formerly used for canola oil tanks and the access road to provide additional parking for over 50 parking spaces. The new parking areas include fence relocations and line painting to delineate the parking area. Parking locations will be slightly modified throughout the construction sequencing based on construction areas and activities, but at a maximum are predicted to include the temporary loss of 30 parking spaces, and following build out and construction completion, less than 20 parking spots.

2.1 Aspects of the west quadrant shiploader system which remain unchanged

The shiploader capacity and terminal throughput, including vehicular, truck, train and marine vessel traffic, remain unchanged.Updates to the shiploader design are limited to the base or support of the shiploader and do not include changes to any of the noise generating components of the shiploader, such as motors and conveyors. As such, noise levels in the community are not expected to change due to the updated design.The new shiploader system will connect to existing conveyors, the coal surge bin and coal storage areas.The new shiploader will be delivered to site by barge fully pre-assembled.The existing west quadrant shiploader will be disassembled and removed prior to the installation of the new shiploader and feed conveyor.

2.2 Proposed changes to previously authorized worksDue to increased vessel sizes and to improve geometry, the new shiploader will be located on a new pivot point constructed approximately 32 m north-west of the existing pivot point. A new pile supported rail mount will be constructed to the west of the existing quadrant beam. The new quadrant beam will be comprised of 26 steel piles of 1067 mm (42 inch) outside diameter (OD), concrete beams and pile caps. The concrete quadrant beams will be precast and tied into the new supports once installed.A new mooring comprised of 9 steel piles of 762 mm (30 inch) OD, with a formed 6.5 m by 6.5 m concrete cap to support the mooring and release hook, will be installed in the northwest area of the water lot.A new gangway platform, approximately 69 m in length and 6 m in width, supported by 29 steel piles of 610 mm (24 inch) OD and capped with concrete, will be installed.

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PER No. 12-066-01 Page 3 of 13

A new pile supported berthing dolphin will be constructed within the gangway platform using 8 steel piles of 762 mm (30 inch) OD, with attached fenders, timber pile and capped with concrete to tie into the gangway platform.The existing quadrant beam and associated piles (10 steel piles of 914 mm (36 inch) OD) will be removed in stages.The existing land-based western mooring will be removed.The foundations of the existing shiploader will be removed and recycled or disposed of atappropriate licensed off-site facilities.

2.3 In-water constructionThe shiploader quadrant beam, mooring, dolphin and gangway platform piles will be installed using a vibratory hammer to initiate the pile placement with the final pile set using an impact hammer.Pile installation will be staged to accommodate the fisheries sensitive period and operational breaks between vessels.In-water construction associated with this amendment is anticipated to commence in August 2018 and continue until February 2021.

Figure 1. West quadrant shiploader amendmentCOPY


PER No. 12-066-01 Page 4 of 13

3 VANCOUVER FRASER PORT AUTHORITY INTERNALREVIEWS

The following VFPA departments have undertaken and completed a review of these works and confirm that the proposal meets their requirements, subject to the listed project and environmental conditions.

Planning Environmental Programs Engineering

Marine Operations Project Communications

4 ABORIGINAL CONSULTATIONAboriginal Affairs reviewed the proposed works and determined that the Project may have the potential to adversely impact Aboriginal or Treaty rights.

Scope of Consultation

The proposed Project falls within the asserted traditional territory of the following Aboriginal groups:

Musqueam Indian BandTsleil-Waututh NationSquamish NationSto:lo NationLake Cowichan First NationCowichan TribesPenelakut TribeHalalt First NationStz’uminus First NationLyackson First Nation

All Aboriginal groups listed above were consulted on the proposed Project.

Overview of Consultation Activities

On January 29, 2018, a referral package was sent to each of the Aboriginal groups listed above. The referral package included:

- A referral letter- PER application- Amendment application package - Chance Find Procedure- Construction Environmental Management Plan

Comments were requested from Aboriginal groups within 30 business days, by March 12, 2018.

VFPA extended the comment period, at the request of Aboriginal groups, a further 12 business days. Aboriginal groups submitted comments through letters and emails. VFPA responded to comments and concerns from Aboriginal groups via letters and emails.

Summary of Issues

Below is a table summarizing comments received by VFPA and how they were considered as part of the project and environmental review.

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PER No. 12-066-01 Page 5 of 13

Issue VFPA Considerations Action RequiredNeed for a broader consultation process aimed at reconciling existing and future port operations with the interests of Aboriginal groups.

VFPA understand that some Aboriginal groups seek a broader arrangement that is outside of the scope of this amendment review.

None

Significant concerns with the direct and cumulative impact of the proposed project and amendment.

VFPA invited Aboriginal groups to provide comments on how the proposed amendment could impact their Aboriginal rights, either through a meeting or written comments.

None

Consultation for the original project (PP#12-066) was not adequate.

VFPA considered input from Aboriginal groups during the review of the original project (PP#12-066) and addressed those concerns where possible. VFPA is of the view that the duty to consult was met.

None

Request for more info regarding additional mitigation strategies during pile driving.

VFPA responded with a list of the mitigations found in the Applicant's Marine Mammal Plan and in the Construction Environmental Management Plan (Section 5.2 and 5.3).

VFPA added a condition (no. 24) requiring that the Permit Holder carry out the project in accordance with the Construction Environmental Management Plan.

VFPA added a condition (no. 25) requiring that the Permit Holder carry out the project in accordance with the Marine Mammal Plan.

Future dredging activities. The Applicant submitted preliminary materials to VFPA indicating that they will be applying for approval to undertake capital dredging activities in the project area. This will be reviewed as a separate application under VFPA’s Project and Environmental Review process.

None.

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PER No. 12-066-01 Page 6 of 13

Issue VFPA Considerations Action RequiredRequest for an assessment on the cumulative health and environmental impacts from air pollutants from the machinery, ships and coal dust of this project.

Potential noise and air quality impacts, such as fugitive dust, were considered during the review of the broader project under project permit 2012-066. Implementation of dust control and noise abatement measures were incorporated into project design and previous permit conditions. The scope of the activities included in this permit amendment are not expected to change potential effects on air quality or health that were assessed as part of the broader permit review.Mitigation measures to reduce potential effects on air quality from construction equipment outlined in the Construction Environmental Management Plan and Marine Mammal Management Plan submitted as part of the permit amendment application will be implemented to reduce potential adverse environmental effects.

VFPA added a condition (no. 24) requiring that the Permit Holder carry out the project in accordance with the Construction Environmental Management Plan.

VFPA added a condition (no. 25) requiring that the Permit Holder carry out the project in accordance with the Marine Mammal Management Plan.

Request to edit language in the Chance Find Procedure:

Remove "best practice" from Chance Find Procedure, as it implies that there are alternative archaeological management strategies.Remove "for the purpose of this project" from Chance Find Procedure as it implies that the definition of an archaeological site can change based on the project.The last sentence should read "If these archaeologists are not available…"

VFPA forwarded this request on to the Applicant. The Applicant committed to making these changes.

VFPA added a condition (no. 15) requiring the Permit Holder to submit a revised Chance Find Procedure prior to construction.

VFPA will share the revised Chance Find Procedure with Aboriginal groups.

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PER No. 12-066-01 Page 7 of 13

Based on the record of consultation, VFPA is of the view that the duty to consult has been met.

5 NOTIFICATIONS

5.1 Municipal NotificationThe proposed Project was assessed by VFPA to have potential impacts to municipal interests. Anotification letter was sent to the City of North Vancouver on February 28, 2018 notifying them of the proposed Project. The City had no comments.

5.2 Adjacent Tenant NotificationThe proposed Project was assessed by VFPA to have potential impacts to adjacent tenant interests. A notification letter was sent to Cargill Limited notifying them of the proposed Project. In addition, Neptune met with Cargill and VFPA to consider the potential impacts of larger vessels calling at the terminal, and any effects of the maneuvering and moorage of those vessels at either terminal. Cargill did not provide any comments.

6.3 Community NotificationThe proposed Project was assessed by VFPA to have minimal or no potential impacts to community interests in the surrounding area once the project is completed. Therefore no community consultation was required to be conducted by the Applicant.

The proposed Project was assessed by VFPA to have potential impacts to community interests during construction. These include potential noise and visibility impacts from proposed construction activities.

As a result, the Permit Holder is required to send a construction notice to adjacent residents and businesses in North Vancouver as shown in the map below. The notification area is within approximately four blocks (500 m) of the project site. The construction notice shall be distributed by the Permit Holder at least 10 business days prior to the start of the works. This requirement isdescribed in condition no. 13 and 14.

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PER No. 12-066-01 Page 8 of 13

Figure 2. Map of notification area

6 INFORMATION SOURCESVFPA has relied upon the following sources of information in its review of the Project.

Application form and materials submitted by the Applicant on December 22, 2017.All Project correspondence from December 22, 2017 to May 4, 2018.

7 ENVIRONMENTAL REVIEW DECISIONIn reviewing the amendment application, VFPA has taken into account relevant information available on the proposed project amendment, has considered the information and proposed mitigations provided by the Applicant and other information as listed elsewhere in this document, and determined that the 2013 environmental review decision and conclusions of project permit 2012-066 remain valid.

8 CONCLUSIONIn completing the project and environmental review, VFPA concludes that with the implementation of proposed mitigation measures and conditions described in the project and environmental conditions section below, the Project has appropriately addressed all identified concerns. COPY


PER No. 12-066-01 Page 9 of 13

PROJECT AND ENVIRONMENTAL REVIEW DECISIONProject Permit Amendment PER No. 12-066-01 is approved by:

May 7, 2018ANDREA MACLEODMANAGER, ENVIRONMENTAL PROGRAMS

DATE OF APPROVAL

9 PROJECT AND ENVIRONMENTAL CONDITIONSVFPA has undertaken and completed a review of the Project in accordance with the Canada Marine Act and Section 5 of the Port Authorities Operations Regulations and, as applicable, Section 67 of the Canadian Environmental Assessment Act, 2012.

If at any time Stantec Consulting Ltd. working on behalf of Neptune Bulk Terminals Canada Ltd.(the Permit Holder) fails to comply with any of the project and environmental conditions set out in the project permit (the Permit) below, or if VFPA determines that the Permit Holder has provided any incomplete, incorrect or misleading information in relation to the Project, VFPA may, in its sole and absolute discretion, cancel its authorization for the Project or change the project and environmental conditions to which such authorization is subject.

Pursuant to Section 29 of the Port Authorities Operations Regulations, VFPA may also cancel its authorization for the Project, or change the project and environmental conditions to which such authorization is subject, if new information is made available to VFPA at any time in relation to the potential adverse environmental and other effects of the Project.

The following are the minimum conditions that must be followed by the Permit Holder to mitigate potential or foreseeable adverse environmental and other effects. These conditions apply to the modified works and activities described in section 2.2 and 2.3. The Permit Holder must adhere to the conditions contained in project permit 2012-066 for the works and activities not listed in this permit amendment which were previously authorized under project permit 2012-066.

No. GENERAL CONDITIONS

1. The Permit Holder must have a valid lease, licence, or access agreement for the Project site prior to accessing the Project site or commencing construction or any other physical activities on the Project site. This Permit shall in no way limit any of the Permit Holder's obligations, or VFPA's rights, under such lease, licence, or access agreement.

2. The Permit Holder shall at all times and in all respects, comply with and abide by all applicable statutes, laws, regulations and orders from time to time in force and effect, including all applicable environmental, labour and safety laws and regulations.

3. This Permit in no way endorses or warrants the design, engineering, or construction of the Project and no person may rely upon this Permit for any purpose other than the fact that VFPA has permitted the construction of the Project, in accordance with the terms and conditions of this Permit.COPY


PER No. 12-066-01 Page 10 of 13

4. The Permit Holder shall indemnify and save harmless VFPA in respect of all claims, losses, costs, fines, penalties or other liabilities, including legal fees, arising out of: (a) any bodily injury or death, property damage or any loss or damage arising out of or in any way connected with the Project; and (b) any breach by the Permit Holder of its obligations under this Permit.

5. The Permit Holder is responsible for locating all existing site services and utilities including any located underground. The Permit Holder is responsible for repair or replacement of any damage to existing site services and utilities, to the satisfaction of VFPA, that result from construction and operation of the Project.

6. The Permit Holder shall undertake and deliver the Project to total completion in a professional, timely and diligent manner in accordance with applicable standards and specifications set out in the sections above entitled Project Description and InformationSources. The Permit Holder shall not carry out any other physical activities unless expressly authorized by VFPA.

7. The Permit Holder shall cooperate fully with VFPA in respect of any review by VFPA of the Permit Holder's compliance with this Permit, including providing information and documentation in a timely manner, as required by VFPA. The Permit Holder is solely responsible for demonstrating the Permit Holder's compliance with this Permit.

8. The Permit Holder shall review the Permit with all employees, agents, contractors, licensees and invitees working on the Project site, prior to such parties participating in any construction or other physical activities on the Project site. The Permit Holder shall be solely responsible for ensuring that all such employees, agents, contractors, licensees and invitees comply with this Permit.

9. The Permit Holder shall make available upon request by any regulatory authority (such as a Fishery Officer) a copy of this Permit.

10. Unless otherwise specified, the Permit Holder shall provide all plans, documents, and notices required under this Permit to the following email address: [email protected] and referencing PER No.12-066-01.

11. Unless otherwise specified, all plans, schedules, and other Project-related documentation that the Permit Holder is required to provide under this Permit must be to VFPA's satisfaction.

CONDITIONS – PRIOR TO COMMENCING CONSTRUCTION OR ANY PHYSICAL ACTIVITIES

SUBMISSIONTIMING

(business days)

12. The Permit Holder shall submit signed and sealed drawings for proposed works approved for construction by a professional engineer licensed to practice in the Province of British Columbia.

5 business days before commencing construction or any physical activities

13. The Permit Holder shall provide a draft construction notice to VFPA's satisfaction in accordance with VFPA's Public Consultation Guidelines, available at: www.portvancouver.com/development-and-permits/project-and-environmental-reviews/technical-guidelines/

20 business days prior to commencing construction or any physical activities

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PER No. 12-066-01 Page 11 of 13

14. The Permit Holder shall distribute an approved construction notice to residents and businesses to an area to VFPA's satisfaction. The Permit Holder shall notify VFPA when such distribution has been completed.


15. The Permit Holder shall submit a revised Archaeological Chance Find Procedure for the Project site, to VFPA's satisfaction. The Permit Holder shall carry out the Project in accordance with this Procedure, and any subsequent amendments approved by VFPA.


16. For structures and proposed interior changes to structures that are reviewable under the National Building Code and National Fire Code, the Permit Holder shall apply for a VFPA Building Permit.


17. Prior to the commencement of any vessel-related activities, the Permit Holder must contact the appropriate Canadian Coast Guard (CCG) Marine Communications and Traffic Services (MCTS) centre regarding the issuance of a Notice to Shipping (NOTSHIP) to advise the marine community of potential hazards associated with the Project.

As per Coast Guard requirements

CONDITIONS – DURING CONSTRUCTION OR ANY PHYSICAL ACTIVITIES

18. All general construction and physical activities related to the Project shall be conducted from Monday to Saturday between the hours of 7:00 am and 8:00 pm. No construction and physical activities shall take place on Sundays or holidays. These hours shall not be modified without prior approval of VFPA. To request permission to conduct activities outside these hours, the Permit Holder must submit a written request no less than 20 business days prior to the desired start date.

19. The Permit Holder shall notify VFPA within two business days of any complaints received from the community and stakeholders during construction and indicate how the Permit Holder has responded to such complaints.

20. The Permit Holder shall remove all abandoned utilities from the project site, both underground and aboveground. At locations of connection to municipal work (i.e., at property lines), the abandoned utilities shall be capped.

21. If the Permit Holder encounters, expects to encounter, or should expect to encounter an actual or potential archaeological resource, the Permit Holder shall:

a) Immediately stop any activities that may disturb the archaeological resource or the site in which it is contained (Site);

b) Not move or otherwise disturb the archaeological resource or other remains present at the Site;

c) Stake or flag the Site to prevent additional disturbances; and,d) Immediately notify VFPA by email and phone.

22. The Permit Holder may place temporary construction trailers on the Project site while this Permit remains in effect, provided that the Permit Holder does not connect such trailers to any underground utilities without the prior written consent of VFPA which may require, at VFPA’s discretion, a VFPA Building Permit.

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PER No. 12-066-01 Page 12 of 13

23. During any vessel-related activities, the Permit Holder shall: a) Position vessels and equipment associated with the Project in such a manner so

as not to obstruct line of sight to navigational aids or markers;b) Exhibit the appropriate lights and day shapes at all times;c) Monitor the VHF channel used for MCTS communications in the respective area at

all times and participate as necessary;d) Be familiar with vessel movements in areas affected by the Project. e) Plan and execute the Project in a manner that will not impede navigation or

interfere with vessel operations; and,f) During night hours, unless working 24 hours per day, ensure that the rig and

associated equipment is moored outside the navigation channel and lit in accordance with all applicable regulations.

24. The Permit Holder shall carry out the Project in accordance with the January 12, 2018 Construction Environmental Management Plan provided by the Permit Holder, and any subsequent amendments accepted by VFPA.

25. The Permit Holder shall carry out the Project in accordance with the January 22, 2018 Marine Mammal Management Plan provided by the Permit Holder, and any subsequent amendments accepted by VFPA.

26. The Permit Holder shall engage a qualified environmental professional to monitor the Project in order to ensure that the works are carried out in compliance with this Permit. Monitoring events shall take place as required by the environmental monitor, the Construction Environmental Management Plan, the Marine Mammal Management Plan, or VFPA, provided that monitoring will be full time when works are under way that have the potential to adversely affect fish or fish habitat.

27. The Permit Holder shall provide environmental monitoring reports to VFPA's satisfaction as specified in the Construction Environmental Management Plan, Marine Mammal Management Plan, or more frequently if VFPA requires. In addition, a summary report for the whole monitoring period shall be forwarded to VFPA within six weeks of the conclusion of the monitoring period.

28. The Permit Holder shall immediately cease work and notify VFPA if the Permit Holder has reasonable grounds to believe that the Project has harmed fish or fish habitat, including observation of distressed, injured, or dead fish. The Permit Holder shall not resume work until authorized by VFPA.

29. Sediments contained within piles after driving shall be left in place. If it is determined that they must be removed for engineering reasons, the Permit Holder shall consult VFPA for review and authorization prior to initiating the proposed physical activities.

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PER No. 12-066-01 Page 13 of 13

30. The Permit Holder shall conduct all activities involving the use of concrete, cement, mortars and other Portland cement or lime-containing construction materials in a manner that shall not deposit sediments, debris, concrete (cured or uncured), and concrete fines into the aquatic environment, either directly or indirectly. Water that has contacted uncured or partly cured concrete or Portland cement or lime-containing construction materials (such as the water that may be used for exposed aggregate wash-off, wet curing, equipment and truck washing) shall not be permitted to enter the aquatic environment. The Permit Holder shall provide containment facilities at the site for the wash-down water from concrete delivery trucks, concrete pumping equipment, and other tools and equipment, as required.

CONDITIONS – UPON COMPLETIONSUBMISSION

TIMING (Business Days)

31. The Permit Holder shall notify VFPA upon completion of the Project. Upon substantial completion

32. The Permit Holder shall provide a Plan showing the parking area and fence arrangement proposed once the staging is no longer occupying the north west corner of the site, to VFPA's satisfaction.

Upon completion

33. The Permit Holder shall provide record drawings in accordance with VFPA's Record Drawing Standards (available at: http://www.portvancouver.com/development-and-permits/project-and-environmental-reviews/technical-guidelines/), in both AutoCAD and Adobe (PDF) format to VFPA, including a Project site plan that clearly identifies the location of works.

Within 40 business days of completion

VFPA reserves the right to rescind or revise these conditions at any time that new information warranting this action is made available to VFPA.

LENGTH OF PERMIT VALIDITY

The Project must be completed no later than August 31, 2021 (the Expiry Date).

AMENDMENTS

Details of any material proposed changes to the Project, including days and hours when construction and any physical activities will be conducted, must be submitted to VFPA for consideration of an amendment to this Permit.For an extension to the Expiry Date, the Permit Holder must apply in writing to VFPA no later than 30 days prior to that date.

Failure to apply for an extension as required may, at the sole discretion of VFPA, result in termination of this Permit.

CONTACT INFORMATIONVancouver Fraser Port Authority (VFPA)100 The Pointe, 999 Canada PlaceVancouver BC V6C 3T4 Canada

Project & Environmental ReviewTel.: 604-665-9047Fax: 1-866-284-4271Email: [email protected]: www.portvancouver.com

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PER No. 17-131 Page 1 of 10

VANCOUVER FRASER PORT AUTHORI TY

PROJECT AND ENVI RONMENTAL REVI EW

REPORT AND PERMI T

PER No.: 1 7 - 1 3 1

Tenant : Neptune Bulk Term inals Canada Ltd.

Project : Neptune Cargill Overpass Extension

Project Locat ion: 1 0 0 1 Low Level Road, North Vancouver

VFPA SI D No.: CNV0 7 4

Land Use Designat ion: Port Term inal

Applicant ( s) : Mark Johannes ( Stantec) obo Neptune Bulk Term inals Canada

Ltd.

Applicant Address: 5 0 0 – 4 7 3 0 Kingsw ay St reet , Burnaby BC

Category of Review : B

Date of Approval: Decem ber 1 4 , 2 0 1 7

Date of Expiry: Decem ber 3 1 , 2 0 1 9

1 I NTRODUCTI ON

The Vancouver Fraser Port Authority (VFPA) , a federal port authority, m anages lands under the purview of the Canada Marine Act , which im parts responsibilit ies for environm ental protect ion. VFPA accordingly conducts project and environm ental reviews of works and act ivit ies undertaken on these lands to ensure that the works and act ivit ies will not likely cause significant adverse environm ental effect s. This project and environm ental review report and proj ect perm it ( the Perm it ) docum ents VFPA’s project and environm ental review of 17-131: Neptune Cargill Overpass Extension ( the Project ) proposed by Stantec working on behalf of Neptune Bulk Term inals Canada Ltd. ( the Applicant ) . This project and environm ental review was carried out t o address VFPA’s responsibilit ies under the Canada Marine Act , and to m eet the requirem ents of the Canadian Environm ental Assessm ent Act , 2012 (CEAA 2012) , as applicable. The proposed Project is not a CEAA 2012 “designated project ” and an environm ental assessm ent as described in CEAA 2012 is not required. However, VFPA authorizat ion is required for the proposed Project to proceed and in such circum stances, where applicable, Sect ion 67 of CEAA 2012 requires federal authorit ies to assure them selves that proj ects will not likely cause significant adverse environm ental effects. This review provides that assurance. I n addit ion, VFPA considers other interests, im pacts and m it igat ions through the project and environm ental review. The project and environm ental review considered the applicat ion along with support ing studies, assessm ents and consultat ions carried out or com m issioned by the Applicant , as well as other inform at ion provided by the Applicant . I n addit ion, this proj ect and environm ental review considered other inform at ion available to VFPA and other consultat ions carried out by VFPA. A full list of inform at ion sources germ ane to the review is provided in the following pages of this report . This Perm it is the authorizing docum ent allowing the Applicant to proceed with the Project subject to the listed proj ect and environm ental condit ions. COPY



2 PROJECT DESCRI PTI ON

The Applicant , Neptune Bulk Term inals Canada Ltd (Neptune) , proposes to const ruct an extension of the Low Level Road overpass to service the term inal facilit y located at 1001 Low Level Road, North Vancouver. The project is proposed ent irely on VFPA lands. The project would connect t o the exist ing Neptune/ Cargill overpass and create a second direct eastern overpass and ram p down to Neptune, inside the loop t rack. The new overpass extension is intended to im prove safety by increasing access for em ergency vehicles and capacity for heavy indust r ial t ransportat ion accessing certain parts of the term inal. I t would create direct vehicle access to the term inal for t rucks and large equipm ent associated with ongoing term inal operat ions and upgrades within the loop t rack, but is not intended to be ut ilized for general staff access. The st ructure is intended to provide access for Neptune indust rial t raffic only and is not intended for public vehicles, bicycles or pedest r ians. An elect ronic security gate is proposed to lim it ent ry from the exist ing overpass onto the new overpass extension. Piles are proposed to be steel, driven to a m axim um of 3 m et res below ground surface, and filled with concrete. I n order to support the 7.01 m clearance for rail t raffic, the piles are proposed to be arranged with approxim ately 1 m et re spacing along the northern abutm ent , the bridge pier, and southern abutm ent . I n this proj ect perm it , t he Project m eans the physical act ivit ies authorized by VFPA to be carried out pursuant to PER No. 1 7 - 1 3 1 , as described below.

2 .1 Proposed W orks

1. Const ruct ion of an extension to an exist ing two-span steel bridge using a new curved steel 66m bridge ( total deck area 824m 2) . The bridge is proposed to be form ed using curved bridge com ponents, supported by two abutm ents (north and south) , and one pier on pile foundat ion to span over the t racks.

2. Const ruct ion of a 230 m et re approach ram p (approxim ately 2197 m 2) at 6% grade that extends from an exist ing eastern coal stockpile area up to new bridge span. Convent ional fill is proposed to be used to support the ram p and paved surface.

3. I nstallat ion of forty three (43) piles that will be used to support the bridge using the northern abutm ent (9 piles) , the bridge pier (10 piles) and the southern abutm ent (24 piles) .

4. I nstallat ion of a t ruck wheel wash at the bot tom of the approach ram p. Wheel wash and storm runoff water that accum ulates on the overpass and ram p will be t reated to m eet exist ing wastewater discharge perm it requirem ents through exist ing coal water t reatm ent system and the use of the exist ing grease/ oil water separator.

5. I nstallat ion of 7 lum inaires along approach ram p and bridge deck. 6. I nstallat ion of applicable ut ilit y services and connect ion to exist ing services. 7. I nstallat ion of an elect ronic security gate to cont rol access to the extension and term inal. The value of the project is est im ated at $10,000,000 and it is ant icipated that const ruct ion could take up to 8 m onths to com plete. Const ruct ion is proposed to be undertaken during standard VFPA const ruct ion hours. There is no Building Perm it required for this work. COPY



3 REVI EW S

The following VFPA departm ents have reviewed the applicat ion and support approval of the Project subject to the listed project and environm ental condit ions.

Planning Environm ental Program s Engineering

Other Project Com m unicat ions Transportat ion

3 .1 Engineering Review

Engineering has reviewed the proposed works and is sat isfied with the proposal.

3 .2 Transportat ion Review

Transportat ion has reviewed the proposed works and has requested the subm ission of a Const ruct ion Traffic Managem ent plan prior to const ruct ion. The Applicant is required to engage Cargill Ltd. in the developm ent of the Const ruct ion Traffic Managem ent Plan to ensure that the neighbouring tenant is fully apprised of any t raffic issues associated with const ruct ion. Addit ionally, the elect ronic security gate is proposed to be built in a locat ion that accom m odates the queuing of one WB-15 size vehicle ( t ruck t ractor with a 14.70 m sem i- t railer) before im pact ing other t raffic on the exist ing overpass. The design does not accom m odate the WB-20 ( t ruck t ractor with a 17 m sem i- t railer) vehicles, or m ore than one WB-15 vehicle. I n order to ensure that t raffic obst ruct ion does not occur on the exist ing overpass as a result of this short queuing area, an Operat ion Traffic Managem ent plan is required to be developed that out lines procedures to be followed in instances where WB-20 vehicles are entering the site.

4 ABORI GI NAL CONSULTATI ON

Aboriginal Affairs has reviewed the proposed works and determ ined that adverse im pacts to Aboriginal or Treaty r ights are not expected.

5 EXI STI NG POLI CI ES OR GUI DELI NES

The proposed project is within an area designated as Indust r ial in VFPA’s Land Use Plan. The project is considered to be in conform ance with the Land Use Plan, as the const ruct ion of the overpass extension aids in the intensificat ion of indust r ial act ivit y at the site.

6 NOTI FI CATI ONS

6 .1 Municipal Not ificat ion

The proposed Proj ect was assessed by Planning to have potent ial im pacts to m unicipal interests. A not ificat ion let ter was sent to the City of North Vancouver on October 30, 2017, not ifying them of the proposed Project . The City of North Vancouver confirm ed that they had no com m ents.

6 .2 Adjacent Tenant Not ificat ion

The proposed Proj ect was assessed by Planning to have potent ial im pacts to adjacent tenant interests. A not ificat ion let ter was sent to Cargill Ltd. on October 30, 2017 not ifying them of the proposed Proj ect . Cargill Ltd. did not respond.

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6 .3 Com m unity Not ificat ion

The proposed Proj ect was assessed by VFPA to have potent ial im pacts to com m unity interests during const ruct ion. These include potent ial impacts such as noise from proposed const ruct ion act ivit ies ( that is, m ost likely pile driving) . As a result , the Applicant is required to send a const ruct ion not ice to adjacent residents and businesses as per the not ificat ion area m ap provided. The not ificat ion area is within approxim ately three blocks (400 m ) from the project site. The const ruct ion not ice shall be dist r ibuted by the Applicant at least 10 business days prior to the start of the works. This is condit ion No. 14 in the project perm it . I n addit ion, signage is recom m ended on Low Level Road to inform the public that const ruct ion of the overpass is occurring on the Neptune site and to expect an increase in const ruct ion t raffic. Map of not ificat ion area

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6 .4 North Shore W aterfront Liaison Com m it tee Engagem ent

The proposed project was assessed by Project Com m unicat ions to be of potent ial interest t o the North Shore Waterfront Liaison Com m it tee and the Applicant presented the project t o the group on Novem ber 22, 2017. The North Shore Waterfront Liaison Com m it tee did not have any com m ents or quest ions regarding the project .

7 I NFORMATI ON SOURCES

VFPA has relied upon the following sources of inform at ion in it s review of the Project . • Applicat ion form and m aterials subm it ted by Applicant on behalf of the tenant on April 28, 2017 • All Project correspondence from April 28, 2017 to Decem ber 11, 2017 • All plans and drawings labelled PER No.17-131-A to J • “Project and Environm ental Review Applicat ion Subm ission” , October 2, 2017, Stantec • “Archeological Monitoring Report ” , October 10, 2017, I nlailawatash Lim ited Partnership • “Const ruct ion Environm ental Managem ent Plan” , Novem ber 23, 2017, Stantec • “90% Detailed Design” , Novem ber 29, 2017, Teck Resources Ltd & Stantec • “Oil/ Water Separators” , Decem ber 3, 1993, P.M.Caskey, R.P.Bio.

8 PROJECT AND ENVI RONMENTAL CONDI TI ONS

VFPA has undertaken and com pleted a review of the Project in accordance with the Canada Marine

Act and Sect ion 5 of the Port Authorit ies Operat ions Regulat ions and, as applicable, Sect ion 67 of the Canadian Environm ental Assessm ent Act , 2012.

I f at any t im e the Applicant fails to com ply with any of the proj ect and environm ental condit ions set out in the project perm it ( the Perm it ) below, or if VFPA determ ines that the Applicant has provided any incom plete, incorrect or m isleading inform at ion in relat ion to the Project , VFPA m ay, in it s sole and absolute discret ion, cancel it s authorizat ion for the Project or change the proj ect and environm ental condit ions to which such authorizat ion is subject .

Pursuant to Sect ion 29 of the Port Authorit ies Operat ions Regulat ions, VFPA m ay also cancel it s authorizat ion for the Project , or change the project and environm ental condit ions to which such authorizat ion is subject , if new inform at ion is m ade available to VFPA at any t im e in relat ion to the potent ial adverse environm ental and other effects of the Project .

The follow ing are the m inim um condit ions that m ust be follow ed by the Applicant to

m it igate potent ia l or foreseeable adverse environm ental and other effects.

No. GENERAL CONDI TI ONS

1. This Perm it is condit ional on a valid tenure agreem ent with respect to the subject prem ises being in place. No construct ion or any other physical act ivit ies m ay

com m ence in the absence of a va lid t enure agreem ent .

2. This Perm it is granted subject to the fulfillm ent of all other requirem ents of VFPA, relat ing to the Proj ect . Furtherm ore, prior t o com m encing const ruct ion or any other physical act ivit ies the Applicant shall ensure that it has com plied with all other necessary legal requirem ents and that all necessary regulatory approvals have been obtained. COPY



3. This Perm it in no way endorses or warrants the design, engineering, or const ruct ion of the Project and no person m ay rely upon this Perm it for any purpose other than the fact that VFPA has perm it ted the const ruct ion of the Proj ect , in accordance with the term s and condit ions of this Perm it .

4. I n considerat ion of the grant ing of this Perm it by VFPA the Applicant agrees to indem nify and save harm less VFPA against any and all act ions, claim s, loss, dam ages or other expenses in any way arising or following from or caused by the grant ing of this Perm it or the const ruct ion or operat ion of the Proj ect as contem plated by this Perm it .

5. The Applicant is responsible for locat ing all exist ing site services and ut ilit ies including any located underground and to em ploy best pract ices and m eet applicable code requirem ents with respect to protect ion of exist ing site services and clearance between exist ing and proposed site services. The Applicant is responsible for repair or replacem ent of any dam age to exist ing site serv ices and ut ilit ies, to the sat isfact ion of VFPA, that result from const ruct ion and operat ion of the Project .

6. The Applicant shall undertake and deliver the Project to total com plet ion in a professional, t im ely and diligent m anner in accordance with the Applicat ion subm it ted by the Applicant and the applicable standards and specificat ions set out in the sect ions above ent it led Project Descript ion and Inform at ion Sources, including the at tached plans and drawings num bered PER No. 1 7 - 1 3 1 - A to J. The Applicant shall not carry out any other physical act ivit ies unless expressly authorized by VFPA.

7. The Applicant shall establish a spill prevent ion, containm ent and clean-up plan for hydrocarbon products ( including fuel, oil and hydraulic fluid) and any other deleterious substances using standards, pract ices, m ethods and procedures to a good com m ercial standard, conform ing to applicable law and using that degree of skill and care, diligence, prudence and foresight which would be reasonably and ordinarily expected from a qualified, skilled and experienced person engaged in a sim ilar type of undertaking under the sam e or sim ilar circum stances. The Applicant shall ensure that appropriate spill containm ent and clean-up supplies are available on site at all t im es and that all personnel working on the project are fam iliar with the spill prevent ion, containm ent and clean-up plan.

8. The Applicant shall have due regard to the potent ial applicat ion of the Migratory Birds

Convent ion Act (Canada) and/ or the Wildlife Act (Brit ish Colum bia) . To reduce the r isk of Proj ect - related harm to birds and/ or their act ive nests and eggs, the Applicant m ay wish to avoid certain physical act ivit ies during the general bird breeding season, which falls between April 1 and July 3 1 , or outside of this t im e span if occupied nests are present . The Applicant shall exercise all due diligence to avoid causing harm to birds and/ or their act ive nests and eggs.

The Applicant shall also have due regard to nests of those species of birds protected by Applicable Law at all t imes of the year, regardless of the t im e of year or whether or not the nests are occupied. The Applicant should, where circum stances warrant , retain the services of qualified environm ental professionals to assist in developing and undertaking appropriate bird nest surveys im m ediately before, during and after the general bird breeding season.

9. The Applicant shall cooperate fully with VFPA in respect of any review by VFPA of the Applicant ’s com pliance with these condit ions including, without lim itat ion, providing any inform at ion or docum entat ion required by VFPA.

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10. The Applicant shall m ake a copy of this Perm it available to all em ployees, agents, cont ractors, licensees and invitees prior t o commencing any physical act ivit ies. The Applicant shall be solely responsible for ensuring that all such em ployees, agents, cont ractors, licensees and invitees comply with these condit ions.

11. The Applicant shall m ake available upon request by any regulatory authority (such as a Fishery Officer) a copy of this Perm it .

12. Unless otherwise noted, the Applicant shall submit all documents required for VFPA approval to em ail: [email protected] ; fax: 1 -8 6 6 -2 8 4 -4 2 7 1 and referencing PER

No.1 7 -1 3 1 .

CONDI TI ONS – PRI OR TO COMMENCI NG CONSTRUCTI ON OR

ANY PHYSI CAL ACTI VI TI ES

SUBMI SSI ON

TI MI NG

( business days)

13. The Applicant shall subm it signed and sealed drawings for proposed works approved for const ruct ion by a professional engineer licensed to pract ice in the Province of Brit ish Colum bia.

5 days before com m encing

const ruct ion or any physical act ivit ies

14. The Applicant shall dist r ibute a const ruct ion not ice to residents and businesses as per not ificat ion area m ap provided, describing the works and act ivit ies, hours of operat ion, and contact inform at ion. The Applicant shall provide a draft const ruct ion not ice for VFPA approval. The Applicant shall copy VFPA when the const ruct ion not ice is dist ributed.



15. The Applicant shall subm it a Const ruct ion Parking and Traffic Managem ent Plan, developed with the input of Cargill Ltd., to the sat isfact ion of VFPA.



CONDI TI ONS – DURI NG CONSTRUCTI ON OR ANY PHYSI CAL ACTI VI TI ES

16. The Applicant shall not ify VFPA upon com m encem ent of const ruct ion or any physical act ivit ies of the Project .

17. All general const ruct ion and physical act ivit ies related to the Project shall be conducted from Monday to Saturday between the hours of 7 :0 0 am and 8 :0 0 pm . No const ruct ion and physical act ivit ies shall occur during Sundays or holidays. These hours shall not be m odified without prior approval from VFPA.

18. The Applicant shall rem ove all abandoned ut ilit ies from the site, both underground and aboveground. At locat ions of connect ion to m unicipal work ( i.e., at property lines) , the abandoned ut ilit ies shall be capped.

19. The Applicant m ay place tem porary const ruct ion t railers on site while this perm it rem ains in effect , provided that the Applicant shall not connect such t railers to any underground ut ilit ies without the prior writ ten consent of VFPA which m ay include, without lim itat ion and at VFPA’s discret ion, a VFPA Building Perm it . COPY




20. The Applicant shall not , direct ly or indirect ly: (a) deposit or perm it the deposit of a deleterious substance of any type in water frequented by fish in a m anner cont rary to Sect ion 36(3) of the Fisheries Act ; or (b) adversely affect fish or fish habitat in a m anner cont rary t o Sect ion 35(1) of the Fisheries Act .

21. The Applicant shall ensure that debris and waste m aterial result ing from the Proj ect are contained, collected, and disposed of at suitable upland locat ions using standards, pract ices, m ethods and procedures to a good com m ercial standard, conform ing to applicable law and using that degree of skill and care, diligence, prudence and foresight which would be reasonably and ordinarily expected from a qualified, skilled and experienced person engaged in a sim ilar type of undertaking under the sam e or sim ilar circum stances.

22. The Applicant shall ensure that all equipm ent is in good m echanical condit ion and m aintained free of fluid leaks, invasive species, and noxious weeds.

23. The direct or indirect release or deposit of sedim ent or sedim ent laden water into the aquat ic environm ent shall be m inim ized during the works.

24. Should contam inated m aterials be encountered, the Applicant shall ensure that all contam inated m aterials, including contam inated drill cut t ings and equipm ent wash water, are rem oved, contained, and disposed of at appropriate off- site facilit ies using standards, pract ices, m ethods and procedures to a good com m ercial standard, conform ing to Applicable Law and using that degree of skill and care, diligence, prudence and foresight which would be reasonably and ordinarily expected from a qualified, skilled and experienced person engaged in a sim ilar type of undertaking under the sam e or sim ilar circum stances. Suspect m aterials should be t reated as contam inated or stockpiled unt il their environm ental qualit y has been determ ined.

25. The Applicant shall dispose of any soils excavated from the site that are not suitable for backfill at appropriate off- site facilit ies in accordance with applicable legislat ion, guidelines and best m anagem ent pract ices.

26. The Applicant shall not dewater excavat ions unless a dewatering plan has been reviewed and accepted by VFPA.

27. The Applicant shall conduct all work associated with the Project involving the use of concrete, cem ent , m ortars and other Port land cem ent or lim e-containing const ruct ion m aterials so as to ensure that sedim ents, debris, concrete (cured or uncured) , and concrete fines are not deposited into the aquat ic environm ent , either direct ly or indirect ly. Water that has contacted uncured or part ly cured concrete or Port land cem ent or lim e-containing const ruct ion m aterials, such as the water that m ay be used for exposed aggregate wash-off, wet curing, equipm ent and t ruck washing, et c. shall not be perm it ted to enter the aquat ic environm ent . The Applicant shall provide containm ent facilit ies at the site for t he wash-down water from concrete delivery t rucks, concrete pum ping equipm ent , and other tools and equipm ent , as required.

28. Materials brought onto the property t o be used for backfilling, site preparat ion, or other uses shall be from sources dem onst rated to be clean and free of environm ental contam inat ion. COPY



CONDI TI ONS – PRI OR TO OPERATI ON

SUBMI SSI ON

TI MI NG

( Business Days)

29. The Applicant shall subm it an Operat ion Traffic Managem ent Plan that out lines procedures to be followed in instances where oversized vehicles (WB-20) are entering the site, to the sat isfact ion of VFPA.

10 days before com m encing any

act ivit ies

CONDI TI ONS – UPON COMPLETI ON

SUBMI SSI ON

TI MI NG

( Business Days)

30. The Applicant shall not ify VFPA upon com plet ion of the Proj ect . Within 10 days of com plet ion

31. The Applicant shall provide record drawings, in both AutoCAD and Adobe (PDF) form at t o VFPA.

Within 40 days of com plet ion

VFPA reserves the r ight to rescind or revise these condit ions at any t im e that new

inform at ion w arrant ing this act ion is m ade available to VFPA.

LENGTH OF PERMI T VALI DI TY

The Project m ust com m ence by Decem ber 3 1 , 2 0 1 8 ( the “Com m encem ent Date” ) and be com pleted no later than Decem ber 3 1 , 2 0 1 9 ( the “Expiry Date” ) .

AMENDMENTS

• Details of any m aterial proposed changes to t he Proj ect , including days and hours when const ruct ion and any physical act ivit ies will be conducted, m ust be subm it ted to VFPA for considerat ion of an am endm ent to this Perm it .

• For an extension to the Com m encem ent Date, the Applicant m ust apply to VFPA in writ ing no later than 30 days pr ior to that date.

• For an extension to the Expiry Date, the Applicant m ust apply in writ ing to VFPA no later than 30 days prior t o that date.

Failure to apply for an extension as required m ay, at the sole discret ion of VFPA, result

in t erm inat ion of this Perm it .

9 ENVI RONMENTAL REVI EW DECI SI ON

I n com plet ing the environm ental review, VFPA has reviewed and taken into account relevant inform at ion available on the proposed project , has considered the inform at ion and proposed m it igat ions provided by the Applicant and other inform at ion as listed elsewhere in this docum ent , and concludes that with the im plem entat ion of proposed m it igat ion m easures and condit ions described in the project and environm ental condit ions sect ion above, the Proj ect is not likely to cause significant adverse environm ental effects.

Decem ber 13, 2017

ANDREA MACLEOD

MANAGER, ENVI RONMENTAL PROGRAMS DATE OF DECI SI ON

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PER No. 17-131 Page 10 of 10

1 0 CONCLUSI ON

I n com plet ing the project and environm ental review, VFPA concludes that with the im plem entat ion of proposed m it igat ion m easures and condit ions described in the project and environm ental condit ions sect ion above, the Proj ect has appropriately addressed all ident ified concerns.

PROJECT AND ENVI RONMENTAL REVI EW DECI SI ON

Proj ect Perm it PER No. 17-131 is approved by:

Decem ber 14, 2017

TEGAN SMI TH

MANAGER, PLANNI NG DATE OF APPROVAL

CONTACT I NFORMATI ON

Vancouver Fraser Port Authorit y (VFPA) 100 The Pointe, 999 Canada Place Vancouver BC V6C 3T4 Canada

Project & Environm ental Review Tel.: 604-665-9047 Fax: 1-866-284-4271 Em ail: [email protected] Website: www.portvancouver.com

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http://www.portvancouver.com/


VANCOUVER FRASER PORT AUTHORI TY

PROJECT AND ENVI RONMENTAL REVI EW

REPORT AND PERMI T

PER No.: 1 8 - 0 2 7

Tenant : Neptune Bulk Term inals ( Canada) Ltd.

Project : Dredging to Deepen Berth 1

Project Locat ion: 1 0 0 1 Low Level Road, North Vancouver

VFPA SI D No.: CNV0 7 4

Land Use Designat ion: Port Term inal

Applicant / Perm it Holder: Stantec Consult ing Ltd. and Advisian ( W orleyParsons Group)

on behalf of Neptune Bulk Term inals ( Canada) Ltd.

Category of Review : B

Date of Approval: Decem ber 1 1 , 2 0 1 8

Date of Expiry: February 2 9 , 2 0 2 0

1 I NTRODUCTI ON

The Vancouver Fraser Port Authority (VFPA) , a federal port authority, m anages lands under the purview of the Canada Marine Act , which im parts responsibilit ies for environm ental protect ion. VFPA accordingly conducts project and environm ental reviews of works and act ivit ies undertaken on these lands to ensure that the works and act ivit ies will not likely cause significant adverse environm ental effect s. This project and environm ental review report and proj ect perm it ( the Perm it ) docum ents VFPA’s project and environm ental review of PER No. 18-027: Dredging to Deepen Berth 1 ( the Project ) proposed by Stantec Consult ing Ltd. and Advisian (WorleyParsons Group) working on behalf of Neptune Bulk Term inals (Canada) Ltd. ( the Applicant ) . This project and environm ental review was carried out t o address VFPA’s responsibilit ies under the Canada Marine Act , and to m eet the requirem ents of the Canadian Environm ental Assessm ent Act , 2012 (CEAA 2012) , as applicable. The proposed Project is not a CEAA 2012 “designated project ” and an environm ental assessm ent as described in CEAA 2012 is not required. However, VFPA authorizat ion is required for the proposed Project to proceed and in such circum stances, where applicable, Sect ion 67 of CEAA 2012 requires federal authorit ies to assure them selves that proj ects will not likely cause significant adverse environm ental effects. This review provides that assurance. I n addit ion, VFPA considers other interests, im pacts and m it igat ions through the project and environm ental review. The project and environm ental review considered the applicat ion along with support ing studies, assessm ents and consultat ions carried out or com m issioned by the Applicant , as well as other inform at ion provided by the Applicant . I n addit ion, this proj ect and environm ental review considered other inform at ion available to VFPA and other consultat ions carried out by VFPA. A full list of inform at ion sources germ ane to the review is provided in the following pages of this report . This Perm it is the authorizing docum ent allowing the Applicant to proceed with the Project subject to the listed proj ect and environm ental condit ions.

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2 PROJECT DESCRI PTI ON

The Applicant proposes to install a sheet pile wall and conduct dredging to deepen Berth 1 from the current design depth of -15.2 m chart datum to a design depth of -18.4 m chart datum at the Neptune Bulk Term inals facilit y located at 1001 Low Level Road, North Vancouver. The purpose of deepening the berth is to accom m odate Capesize bulk vessels. Maintenance dredging of berth 1 to the current design depth was m ost recent ly conducted in August 2016 under VFPA Project Perm it 16-050.

A detailed sedim ent sam pling and analysis program ident ified that a port ion of the sedim ent within the proposed dredge footprint , approxim ately 10,165 cubic m eters, is not suitable for disposal at sea under Environm ent and Clim ate Change Canada’s (ECCC) Disposal at Sea Regulat ions. I n part icular, sedim ent analysis for polycyclic arom at ic hydrocarbons (PAHs) , copper, cadm ium and zinc exceed disposal at sea and other sedim ent qualit y criteria at three sam ple locat ions adjacent to the berth. I n consultat ion with ECCC, these sam ple locat ions were rem oved from considerat ion for disposal at sea and the dredged m aterial will be disposed of at an appropriate upland facilit y.

The results of sedim ent and toxicity test ing for t he rem aining sam ple locat ions, com prising approxim ately 12,335 cubic m eters, m et disposal at sea requirem ents. Dredged m aterial from this area is being considered for disposal at sea, subject to perm it t ing by ECCC.

Dive survey t ransects conducted in 2018 reported a low abundance of m arine flora and fauna and low qualit y habitat condit ions at berth 1.

A port ion of the dredge footprint , approxim ately 570 square m eters, is located within an adjacent tenant ’s water lot .

I n this proj ect perm it , t he Project m eans the physical act ivit ies authorized by VFPA to be carried out pursuant to PER No. 1 8 - 0 2 7 , as described below.

• The Proj ect will be conducted in stages, with the installat ion of a driven sheet pile retaining wall ( the “pony wall” ) at the toe of the exist ing slope preceding dredging. The 5 m high pony wall will be installed into the seabed to a depth of approxim ately -36 m chart datum using vibratory pile installat ion equipm ent . The pony wall will be approxim ately 290 m in length and installed parallel to the exist ing berth 1 sheet pile wall to m aintain stabilit y of the berth sheet pile wall and toe of the slope.

• A total of 150 exist ing t im ber fender piles at the berth face will be rem oved and 100 t im ber piles reinstalled. Ext racted t im ber piles in good condit ion will be reused.

• Dredging will be conducted using a clam shell dredge equipped with an environm ental bucket to expose 5 m eters of t he new pony wall to achieve a new berth depth of -18.4 m chart datum . Approxim ately 22,500 cubic m eters of m aterial will be rem oved and loaded into barges or dum p scows for off- site disposal. An est im ated six barge t r ips to either a disposal at sea site or a licensed upland disposal facilit y are ant icipated over the dredging and disposal period.

• With the except ion of the northern boundary of the dredge footprint where the pony wall will be installed, the dredge pocket boundaries will m aintain a 4: 1 slope with the surrounding sedim ents.

• Run-off water on the barge will be collected in holding tanks for water qualit y test ing. Tested run-off water that m eets the Canadian Counsel of Ministers of the Environm ent (CCME) Water Qualit y Guidelines for the Protect ion of Aquat ic Life will be discharged to the m arine

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environm ent . I f guidelines are not m et , water will be t reated and re- tested prior to discharge or t ransported to an appropriate facilit y for t reatm ent and disposal.

• The Proj ect is ant icipated to be conducted between August 2019 and February 2020, subject to vacancies at berth 1 and coordinat ion with other proj ect act ivit ies. Dredging is ant icipated to take three to four weeks of cont inuous effort to com plete.

• Work outside the regular const ruct ion hours of 7: 00 am to 8: 00 pm Monday to Saturday will likely be required for dredging or act ivit ies that require a shut down. Ant icipated dates for these act ivit ies will be provided to VFPA once the const ruct ion schedule is determ ined.

• An environm ental m onitor will be on-site during dredging act ivit ies.

Figure 1 . Neptune berth 1 dredge area and sheet pile w all

3 VANCOUVER FRASER PORT AUTHORI TY I NTERNAL

REVI EW S

The following VFPA departm ents have undertaken and com pleted a review of these works and confirm that the proposal m eets their requirem ents, subject t o the listed proj ect and environm ental condit ions.

Planning Environm ental Program s Engineering

Marine Operat ions Project Com m unicat ions COPY



4 ABORI GI NAL CONSULTATI ON

VFPA reviewed the proposed works and determ ined that the project m ay have the potent ial to adversely im pact Aboriginal rights. Scope of Consultat ion

The following Aboriginal groups were consulted on the proposed project :

• Squam ish Nat ion • Tsleil-Waututh Nat ion • Musqueam Indian Band • Sto: lo Nat ion and Sto: lo Tribal Council • Lyackson First Nat ion • Stz’um inus First Nat ion • Lake Cowichan First Nat ion • Halalt First Nat ion • Penelakut Tribe • Cowichan Tribes

Overview of Consultat ion Act ivit ies

On August 1, 2018, VFPA sent a referral package to all potent ially affected Aboriginal groups. The referral package included:

• Referral Let ter • Proj ect Applicat ion • Proj ect Descript ion • Engineering Drawings • Site Plan • Site Locat ion Plan • Const ruct ion Environm ent Managem ent Plan • Sedim ent Characterizat ion Report • Geotechnical Report

Com m ents were requested from Aboriginal groups within 20 business days, by August 29, 2018. Aboriginal groups responded via let ter and em ail. VFPA responded to concerns via let ters and em ails. Sum m ary of I ssues

Below is a table sum m arizing com m ents received by VFPA and how they were considered as part of the project and environm ental review.

I ssue VFPA Considerat ions Act ion Required

Current use of lands and resources for t radit ional purposes – CEAA 5 ( 1 ) ( c) ( iii)

CCME guidelines for change in turbidity should be determ ined as

The Applicant confirm ed that CCME guidelines for aquat ic life have been defined as com pliance

VFPA added a condit ion (no. 27) requir ing the perm it holder t o carry out the proj ect in

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part of the PER applicat ion and not only in the disposal at sea perm it authorizat ion.

m easures within the PER applicat ion, the const ruct ion environm ental m anagem ent plan (CEMP) and within DFO’s Let ter of Advice to Neptune regarding the dredging act ivit ies.

accordance with the const ruct ion environm ental m anagem ent plan.

VFPA added a condit ion (no. 34) requir ing that run-off water shall be contained, tested, and t reated, as required, prior t o discharge.

The Dredging Monitoring Plan should clarify what are the expectat ions for water contam inat ion and how water t reatm ent opt ions would suffice or not to the need of the project .

Request t o review the Dredge Monitoring Plan before approval.

Water t reatm ent m ethodology during dredging act ivit ies.

There are a num ber of m ethodologies that m ay be used for the t reatm ent of water. The type and m ethod of water t reatm ent will be subject to the equipm ent and m ethodologies available to the selected cont ractor. A dredge cont ractor has not been selected at this t im e.

The dredge cont ractor will be required to prepare a dredge m anagem ent plan in accordance with the requirem ents of the CEMP and if approved, t he VFPA PER perm it .

VFPA will provide the dredging plan and the dredge m anagem ent plan to Musqueam Indian Band for review and com m ent upon receipt from the Applicant .

VFPA added a condit ion (no. 16) requir ing the perm it holder t o subm it the dredging plan and dredge m anagem ent plan developed by their cont ractor t o VFPA for review and acceptance.

VFPA added a condit ion (no. 27) requir ing the perm it holder t o carry out the proj ect in accordance with the const ruct ion environm ental m anagem ent plan.

Cum ulat ive im pacts and other foreseeable dredging operat ion in/ near the locat ion.

The Applicant has conducted m aintenance dredging along the berth face at berths 1, 2 and 3 at regular intervals to m aintain their design depths, m ost recent ly under VFPA Perm its num bered 16-050, 11-152 and 08-015. Maintenance dredging consists of rem oving accum ulated sedim ent / m aterial within the sam e footprint and to t he sam e depth as previously docum ented and is ant icipated to cont inue to be needed at Neptune in future.

VFPA provided addit ional inform at ion about the dredging act ivit ies at deep sea term inals in Burrard Inlet .

None.

Request for a descript ion of ant icipated direct , indirect and cum ulat ive

VFPA sum m arized the potent ial im pacts as described in the Proj ect Descript ion and CEMP.

VFPA added a condit ion (no. 27) requir ing the perm it holder t o carry out the proj ect in

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im pacts to natural and cultural resources.

List of best pract ices and other m it igat ion m easures to ensure m inim al im pacts.

VFPA listed the proposed m it igat ion m easures proposed by the Applicant .

accordance with the const ruct ion environm ental m anagem ent plan.

Potent ial im pacts to m arine m am m als from pile installat ion.

Request for not ificat ion to Marine Mam m al Research Unit .

Mit igat ion m easures, such as m onitoring and exclusion zones, in the m arine m am m al m anagem ent plan are considered appropriate to avoid impacts to sea lions, which are specifically considered in the plan. VFPA is of the opinion that im pacts to m arine m am m als are unlikely as a result of these works. VFPA will not require not ificat ion to the Marine Mam m al Research Unit . However, VFPA will pass this request along to the Applicant for their considerat ion.

None.

Request that underwater noise m onitoring be included for vibratory pile driving to adhere to NOAA’s recom m ended cont inuous noise threshold of 120 dB.

I f noise exceeds 120 dB, recom m endat ion that further noise m it igat ion m easures be im plem ented.

VFPA has accepted the m arine m am m al m anagem ent plan as appropriate based on guidance from DFO which uses a 160 dB disturbance threshold. The perm it , if approved, would include a requirem ent that the m it igat ion m easures described in the const ruct ion environm ental m anagem ent plan, including Appendix D, the m arine m am m al m onitoring plan, be adhered to.

VFPA added a condit ion (no. 27) requir ing the perm it holder t o carry out the proj ect in accordance with the const ruct ion environm ental m anagem ent plan.

Request t o be not ified if the radial distance of the exclusion zone is altered in addit ion to Fisheries and Oceans Canada and VFPA not ificat ions.

I f the radial distance of the exclusion zone is altered, VFPA will not ify the Aboriginal group.

None.

Other I ssues

Lack of seism ic design for the pony wall.

The subt idal pony wall does not provide support t o any st ructures. The purpose of the wall is to provide a vert ical face for the dredging and is designed accordingly.

None. COPY



The seism ic withstand capacity of the site and surrounding st ructures are not altered (or negat ively affected) by the existence of the pony wall. There is no design intent ion to have the pony wall solve the exist ing global seism ic concerns for the site, rather only to have sufficient seism ic capacity so as not to degrade the exist ing condit ions. I n fact , the pony wall has provided a m odest im provem ent to the seism ic withstand capacity of the site.

Considerat ion of alternat ive m ethods of dredging in order t o m inim ize the r isk of re-suspension of contam inated soils in the water colum n.

Hydraulic dredge m ethods were considered for the proj ect , however, given that these m ethods produce greater suspended sedim ent plum es in com parison to the clam shell dredge, they were disregarded as an appropriate dredge m ethodology for these sedim ents.

The use of an environm ental bucket lim its the am ount of sedim ent released into the water colum n. This is the proposed m ethodology for the contam inated m aterial as the am ount of sedim ent released to the water colum n is reduced com pared to a convent ional bucket .

VFPA added a condit ion (no. 16) requir ing the perm it holder t o subm it the dredging plan and dredge m anagem ent plan developed by their cont ractor t o VFPA for review and acceptance.

Request for descript ion of how the project will provide direct and indirect benefit s.

The proposed project is not expected to have an impact on the com m unity or local businesses as a result of const ruct ion or operat ions. Therefore, the proposed proj ect is not expected to provide direct or indirect benefit s to Abor iginal groups.

None.

Request t o be not ified prior to the start of dredging act ivit y.

VFPA was provided with the request as well as contact inform at ion for not ificat ion.

VFPA added a condit ion (no. 21) requir ing the perm it holder t o not ify the Aboriginal group that m ade this request prior to the com m encem ent of dredging act ivit ies.

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Based on the record of consultat ion, VFPA is of the view that the duty t o consult has been m et .

5 NOTI FI CATI ONS

Municipal Not ificat ion

The proposed Proj ect was assessed by VFPA to have potent ial im pacts to m unicipal interests. A not ificat ion let ter was sent to the City of North Vancouver on August 24, 2018, not ifying them of the proposed Project . The City of North Vancouver had no com m ents.

Adjacent Tenant Not ificat ion

The proposed Proj ect was assessed by VFPA to have potent ial im pacts to adjacent tenant interests. A not ificat ion let ter was sent to Cargill, Pacific Pilotage Authority and BC Coast Pilots on August 24, 2018 not ifying them of t he proposed Project . Cargill and BC Coast Pilots had no com m ents. Pacific Pilotage Authority not ified VFPA that they have no concerns with the project .

Com m unity Not ificat ion

The proposed Proj ect was assessed by VFPA to have m inim al or no potent ial im pacts to com m unity interests in the surrounding area either during const ruct ion or once the proj ect is com pleted. Therefore no com m unity consultat ion or const ruct ion not ificat ion was required.

6 I NFORMATI ON SOURCES

VFPA has relied upon the following sources of inform at ion in it s review of the Project . • Applicat ion form and m aterials subm it ted by the Applicant on July 23, 2018. • All Project correspondence from July 23, 2018 to Decem ber 4, 2018.

7 ENVI RONMENTAL REVI EW DECI SI ON

I n com plet ing the environm ental review, VFPA has reviewed and taken into account relevant inform at ion available on the proposed project , has considered the inform at ion and proposed m it igat ions provided by the Applicant and other inform at ion as listed elsewhere in this docum ent , and concludes that with the im plem entat ion of proposed m it igat ion m easures and condit ions described in the project and environm ental condit ions sect ion below, the Project is not likely to cause significant adverse environm ental effects.

Decem ber 11, 2018

CHRI S BARLOW

MANAGER, ENVI RONMENTAL PROGRAMS DATE OF DECI SI ON

8 CONCLUSI ON

I n com plet ing the project and environm ental review, VFPA concludes that with the im plem entat ion of proposed m it igat ion m easures and condit ions described in the project and environm ental condit ions sect ion below, the Project has appropriately addressed all ident ified concerns.

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PROJECT AND ENVI RONMENTAL REVI EW DECI SI ON

Proj ect Perm it PER No. 18-027 is approved by:

Decem ber 11, 2018

CHRI S BARLOW

MANAGER, ENVI RONMENTAL PROGRAMS DATE OF APPROVAL

9 PROJECT AND ENVI RONMENTAL CONDI TI ONS

VFPA has undertaken and com pleted a review of the Project in accordance with the Canada Marine

Act and Sect ion 5 of the Port Authorit ies Operat ions Regulat ions and, as applicable, Sect ion 67 of the Canadian Environm ental Assessm ent Act , 2012.

I f at any t im e Stantec Consult ing Ltd. and Advisian (WorleyParsons Group) working on behalf of Neptune Bulk Term inals (Canada) Ltd. ( the Perm it Holder) fails to com ply with any of the project and environm ental condit ions set out in the project perm it ( the Perm it ) below, or if VFPA determ ines that the Perm it Holder has provided any incom plete, incorrect or m isleading inform at ion in relat ion to the Project , VFPA m ay, in it s sole and absolute discret ion, cancel it s authorizat ion for the Project or change the proj ect and environm ental condit ions to which such authorizat ion is subject .

Pursuant to Sect ion 29 of the Port Authorit ies Operat ions Regulat ions, VFPA m ay also cancel it s authorizat ion for the Project , or change the project and environm ental condit ions to which such authorizat ion is subject , if new inform at ion is m ade available to VFPA at any t im e in relat ion to the potent ial adverse environm ental and other effects of the Project .

The follow ing are the m inim um condit ions that m ust be follow ed by the Perm it Holder to

m it igate potent ia l or foreseeable adverse environm ental and other effects.

All VFPA Guidelines and Record Drawing Standards referenced in this docum ent can be located at : ht tps: / / www.portvancouver.com / developm ent -and-perm its/ project -and-environm ental-reviews/ technical-guidelines/ .

No. GENERAL CONDI TI ONS

1. The Perm it Holder m ust have a valid lease, licence, or access agreem ent for the Project site prior to accessing the Project site or com m encing const ruct ion or any other physical act ivit ies on the Project site. This Perm it shall in no way lim it any of the Perm it Holder's obligat ions, or VFPA's r ights, under such lease, licence, or access agreem ent .

2. The Perm it Holder shall at all t im es and in all respects, com ply with and abide by all applicable statutes, laws, regulat ions and orders from t im e to t im e in force and effect , including all applicable environm ental, labour and safet y laws and regulat ions.

3. This Perm it in no way endorses or warrants the design, engineering, or const ruct ion of the Proj ect and no person m ay rely upon this Perm it for any purpose other than the fact that VFPA has perm it ted the const ruct ion of the Proj ect , in accordance with the term s and condit ions of this Perm it . COPY


PER No. 18-027 Page 10 of 15

4. The Perm it Holder shall indem nify and save harm less VFPA in respect of all claim s, losses, costs, fines, penalt ies or other liabilit ies, including legal fees, arising out of: (a) any bodily injury or death, propert y dam age or any loss or dam age arising out of or in any way connected with the Proj ect ; and (b) any breach by the Perm it Holder of it s obligat ions under this Perm it .

5. The Perm it Holder is responsible for locat ing all exist ing site services and ut ilit ies including any located underground. The Perm it Holder is responsible for repair or replacem ent of any dam age to exist ing site services and ut ilit ies, to the sat isfact ion of VFPA, that result from const ruct ion and operat ion of the Project .

6. The Perm it Holder shall undertake and deliver t he Project to total com plet ion in a professional, t im ely and diligent m anner in accordance with applicable standards and specificat ions set out in the sect ions above ent it led Project Descript ion and Inform at ion Sources. The Perm it Holder shall not carry out any other physical act ivit ies unless expressly authorized by VFPA.

7. The Perm it Holder shall cooperate fully with VFPA in respect of any review by VFPA of the Perm it Holder's com pliance with this Perm it , including providing inform at ion and docum entat ion in a t imely m anner, as required by VFPA. The Perm it Holder is solely responsible for dem onst rat ing the Perm it Holder 's com pliance with this Perm it .

8. The Perm it Holder shall review the Perm it with all em ployees, agents, cont ractors, licensees and invitees working on the Project site, prior to such part ies part icipat ing in any const ruct ion or other physical act ivit ies on the Project site. The Perm it Holder shall be solely responsible for ensuring that all such em ployees, agents, cont ractors, licensees and invitees com ply with this Perm it .

9. The Perm it Holder shall m ake available upon request by any regulatory authority (such as a Fishery Officer) a copy of this Perm it .

10. Unless otherwise specified, the Permit Holder shall provide all plans, documents, and not ices required under this Perm it to the following email address: [email protected] and referencing PER No.1 8 -0 2 7 .

11. Unless otherwise specified, all plans, schedules, and other Project - related documentat ion that the Perm it Holder is required to provide under this Perm it must be to VFPA's sat isfact ion.

12. The Perm it Holder shall provide VFPA with updated m it igat ion plans for review and acceptance, such as the const ruct ion environm ental m anagem ent plan and dredging m anagem ent plan, if these plans are m odified or new procedures are created to address site condit ions not previously addressed in the plans submit ted as part of the applicat ion.

13. VFPA shall have unfettered access to environmental compliance documentat ion and the Project site at all t imes during construct ion without not ice.

14. The Perm it Holder must maintain and retain any records associated with, or produced by, act ions or act ivit ies undertaken to achieve compliance or that indicate non-compliance with project perm it condit ions. These records must be made available at the request of VFPA. COPY


PER No. 18-027 Page 11 of 15

CONDI TI ONS – PRI OR TO COMMENCI NG CONSTRUCTI ON OR

ANY PHYSI CAL ACTI VI TI ES

SUBMI SSI ON

TI MI NG

( business days)

15. The Perm it Holder shall subm it signed and sealed drawings for proposed works approved for const ruct ion by a professional engineer licensed to pract ice in the Province of Brit ish Colum bia.



16. The Perm it Holder shall subm it the dredging plan and dredge m anagem ent plan developed by their cont ractor to VFPA for review and acceptance. The Perm it Holder shall carry out the Project in accordance with the dredging plan and dredge m anagem ent plan, and any subsequent am endm ents accepted by VFPA.


dredging act ivit ies

17. The Perm it Holder shall subm it final Let ters of Assurance at the com plet ion of the new sheet pile wall const ruct ion from a professional engineer licensed to pract ice in the Province of Brit ish Colum bia.



18. The Perm it Holder is required to subm it a Marine Const ruct ion and Staging Plan to VFPA for review and approval. The plan m ust include the following:

a. Descript ion and schedule of water- side act ivit ies occurring, categorized by phases;

b. Dates and hours of works occurring on or above the water;

c. I dent ificat ion of any ant icipated im pacts or hazards to navigat ion ( i.e. im pact to deep-sea vessels berthing / unberthing at berth # 1 or adjacent berths or term inal facilit ies) ;

d. Overview of any on-water staging and const ruct ion areas;

e. List an descript ion of any part icipat ing m arine equipm ent and/ or vessels;

f. Special requests and/ or addit ional inform at ion; and,

g. Com prehensive m onitor ing plan for the exist ing slope and bulkhead wall (as recom m ended in the October 16, 2018 geotechnical report ) .



19. VFPA m ay require the Perm it Holder to host a m eet ing together with any cont ractors and concerned Marine Operators and/ or agencies ( i.e. PPA/ BCCP) to present and accept feedback on the Marine Const ruct ion and Staging Plan.



20. Prior t o the com m encem ent of any vessel- related act ivit ies, the Perm it Holder m ust contact the appropriate Canadian Coast Guard (CCG) Marine Com m unicat ions and Traffic Services (MCTS) cent re regarding the issuance of a Not ice to Shipping (NOTSHIP) to advise the m arine com m unity of potent ial hazards associated with the Proj ect .

As per Coast Guard requirem ents C

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PER No. 18-027 Page 12 of 15

21. Prior t o the com m encem ent of any dredging- related act ivit ies, the Perm it Holder shall not ify Musqueam Indian Band. Contact inform at ion is:

Dianne Sparrow

Associate Director, Tit le and Rights Service Group, Musqueam Indian Band

604.269.3347

At least five days prior to the start of

dredging.

22. The Perm it Holder shall not ify the Harbour Master and VFPA Environm ental Program s, email: [email protected] and [email protected].

At least two days prior to the start of

dredging

CONDI TI ONS – DURI NG CONSTRUCTI ON OR ANY PHYSI CAL ACTI VI TI ES

23. All general const ruct ion and physical act ivit ies related to the Project shall be conducted from Monday to Saturday between the hours of 7 :0 0 am and 8 :0 0 pm . No const ruct ion and physical act ivit ies shall take place on Sundays or holidays. These hours shall not be m odified without prior approval of VFPA. To request perm ission to conduct act ivit ies outside these hours, the Perm it Holder m ust subm it a writ ten request no less than 20 business days prior t o t he desired start date.

24. The Perm it Holder shall not ify VFPA within two business days of any com plaints received from the com m unity and stakeholders during const ruct ion and indicate how the Perm it Holder has responded to such com plaints.

25. During any vessel- related act ivit ies, the Perm it Holder shall:

a) Posit ion vessels and equipm ent associated with the Proj ect in such a m anner so as not to obst ruct line of sight to navigat ional aids or m arkers;

b) Exhibit the appropriate lights and day shapes at all t im es;

c) Monitor the VHF channel used for MCTS com m unicat ions in the respect ive area at all t im es and part icipate as necessary;

d) Be fam iliar with vessel m ovem ents in areas affected by the Proj ect .

e) Plan and execute the Project in a m anner that will not im pede navigat ion or interfere with vessel operat ions; and,

f) During night hours, unless working 24 hours per day, ensure that the r ig and associated equipm ent is m oored outside the navigat ion channel and lit in accordance with all applicable regulat ions.

26. There shall be no dredging during the fisheries sensit ive period from March 1 to August 15, inclusive, unless otherwise approved in writ ing by DFO or VFPA. VFPA shall be not ified of any DFO exem pt ions allowing works within the fisheries sensit ive period.

27. I n addit ion to the condit ions listed in this Perm it , the Perm it Holder shall carry out the Proj ect in accordance with the const ruct ion environm ental m anagem ent plan provided by the Perm it Holder, and any subsequent am endm ents accepted by VFPA.

28. The Perm it Holder, or their cont ractor, shall engage a qualified environm ental professional to m onitor the Proj ect in order to ensure that t he works are carried out in com pliance with this Perm it . Monitoring events shall take place as required by the environm ental m onitor, the const ruct ion environm ental m anagem ent plan, or VFPA, provided that m onitoring will be full t im e when works are under way that have the potent ial to adversely affect fish or fish habitat .

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PER No. 18-027 Page 13 of 15

29. The Perm it Holder shall provide weekly environm ental m onitoring reports t o VFPA or m ore frequent ly if VFPA requires.

30. The Perm it Holder shall im m ediately cease work and not ify VFPA if the Perm it Holder has reasonable grounds to believe that the Project has harm ed fish or fish habitat , including observat ion of dist ressed, injured, or dead fish. The Perm it Holder shall not resum e work unt il authorized by VFPA.

31. Without lim it ing the generalit y of perm it condit ion 2, the Perm it Holder shall not , direct ly or indirect ly: (a) deposit or perm it the deposit of a deleterious substance of any type in water frequented by fish in a m anner cont rary to Sect ion 36(3) of the Fisheries Act ; or (b) adversely affect fish or f ish habitat in a m anner cont rary t o Sect ion 35(1) of the Fisheries

Act .

32. Without lim it ing the generalit y of perm it condit ion 2, the Perm it Holder shall ensure that dredged m aterial that is intended for upland placem ent com plies with all applicable legislat ion and regulat ions. The Perm it Holder shall appropriately m anage any contam inat ion associated with the dredged m aterial and m aintain records of off- site disposal.

33. Without lim it ing the generalit y of perm it condit ion # 2, the Perm it Holder shall dredge/ load all m aterial intended for disposal at sea under a valid Disposal at Sea Perm it pursuant to the provisions of Part 7, Division 3 of the Canadian Environm ental Protect ion Act , 1999.

34. Run-off water shall be contained, tested, and t reated, as required, prior to discharge. Run-off water shall not be discharged from the containm ent barge to Burrard Inlet or any other waterbody unless water qualit y results, or a dewatering plan specifying t reatm ent and discharge criteria, have been reviewed and accepted in writ ing by VFPA.

CONDI TI ONS – UPON COMPLETI ON

SUBMI SSI ON

TI MI NG

( Business Days)

35. The Perm it Holder shall not ify VFPA upon com plet ion of the Project . Upon substant ial com plet ion

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PER No. 18-027 Page 14 of 15

36. Upon com plet ion of dredging at a deep-sea berth, the Perm it Holder m ust undertake a hydrographic survey that m eets the requirem ents of a “Special Order” survey with “Type C1” coverage as defined by the Canadian Hydrographic Service (CHS) “Standards for Hydrographic Surveys” . To have the advert ised cont rol depth for each berth revised, the post dredge survey data m ust be validated by a com petent navigat ion authority. As such, t he Perm it Holder has the following choices:

a) Cont ract a surveyor of the Perm it Holder ’s choice and then em ail the survey data and associated m etadata to VFPA at navigat ion.review@portm et rovancouver.com and to CHS Hydrographic Data Cent re at Chsdatacent re@dfo-m po.gc.ca. The survey data will only be accepted by CHS when accom panied by suitable m etadata (e.g. an ISO19115 m etadata standard xm l file) . CHS will then validate the data based on priorit ies assigned by CHS’ chart product ion requirem ents and incorporate the data into CHS’ bathym et ric database if CHS is confident of it s qualit y. Once CHS incorporates the data into it s database, VFPA, Pacific Pilotage Authority (PPA) and Brit ish Colum bia Coast Pilots (BCCP) will be not ified that the data has been approved for navigat ion purposes and the cont rol depths will be updated accordingly; or

b) Request VFPA to arrange for a hydrographic survey that m eets the navigat ion requirem ents and agree to reim burse VFPA for the full cost of the survey. This m eans VFPA will cont ract the surveyor, set the survey requirem ents and ensure the requirem ents are m et . This opt ion allows VFPA to accept the data as soon as it is received and reviewed by VFPA, PPA and BCCP. The cont rol depths will then be updated and the survey data and associated m etadata will be supplied to CHS for chart ing purposes. The Perm it Holder m ust not ify VFPA two weeks prior to ant icipated Proj ect com plet ion to allow sufficient t im e for VFPA to arrange a post dredging hydrographic survey at the earliest possible t ime after the dredge and associated equipm ent have vacated the area.

Upon com plet ion of dredging

37. The Perm it Holder shall provide record drawings in accordance with VFPA's Record Drawing Standards (available at : ht tp: / / www.portvancouver.com / developm ent -and-perm its/ project -and-environm ental- reviews/ technical-guidelines/ ) , in both AutoCAD and Adobe (PDF) form at to VFPA, including a Project site plan that clearly ident ifies the locat ion of works.

Within 40 business days of com plet ion

38. Upon com plet ion of const ruct ion, the Perm it Holder shall com pile all const ruct ion m onitoring reports for the exist ing slope and sheet pile wall and submit to VFPA.

Upon com plet ion of dredging

VFPA reserves the r ight to rescind or revise these condit ions at any t im e that new

inform at ion w arrant ing this act ion is m ade available to VFPA. COPY


PER No. 18-027 Page 15 of 15

LENGTH OF PERMI T VALI DI TY

The Proj ect m ust be com pleted no later than February 2 9 , 2 0 2 0 ( the Expiry Date) .

AMENDMENTS

• Details of any m aterial proposed changes to the Proj ect , including days and hours when const ruct ion and any physical act ivit ies will be conducted, m ust be subm it ted to VFPA for considerat ion of an am endm ent to this Perm it .

• For an extension to the Expiry Date, the Perm it Holder m ust apply in writ ing to VFPA no later than 30 days prior to that date.

Failure to apply for an extension as required m ay, at the sole discret ion of VFPA, result in term inat ion of this Perm it .

CONTACT I NFORMATI ON

Vancouver Fraser Port Authorit y (VFPA) 100 The Pointe, 999 Canada Place Vancouver BC V6C 3T4 Canada

Project & Environm ental Review Tel.: 604-665-9047 Fax: 1-866-284-4271 Em ail: [email protected] Website: www.portvancouver.com

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http://www.portvancouver.com/

Documents

COPY · 2020-03-27 · Janet McCartney, Senior Real Estate Specialist, Real Estate, Vancouver Fraser Port Authority encl (4) Project Permit No. 12-066 Coal Capacity Project Permit