IAAC Request for review of new information on the Vivian Sand Extraction Project due by 30-08-2021CFC.EvaluationImpacts-ImpactsAssessment.SWC@cfc-swc.gc.ca

Good afternoon Amy,

In regards to the requested review of the additional information, please see the following comments:

·       From the perspective of the mandate and area(s) of expertise of your department or agency, does the Extraction Project have the potential to cause adverse effects within federal jurisdiction or adverse direct or incidental effects as described in section 2 of IAA? Could any of those effects be managed through legislative or regulatory mechanisms administered by your department or agency? If a licence, permit, authorization or approval may be issued, could it include conditions in relation to those effects?

A Fisheries Act paragraph 35(2)(b) Authorization will be required if the project is likely to cause the harmful alteration, disruption, or destruction to fish habitat and/or a Fisheries Act paragraph 34.4(2)(b) Authorization if the project is likely to result in the death of fish. The proponent should submit a Request for Review for DFO which outlines the specific impacts of the project on fish and fish habitat for review under the Fisheries Act.  Guidance on requesting a review from Fisheries and Oceans can be found at: https://www.dfo-mpo.gc.ca/pnw-ppe/reviews-revues/request-review-demande-d-examen-001-eng.htm.

Fisheries and Oceans Canada also review projects for effects to listed aquatic species at risk, any part of their critical habitat or the residences of their individuals in a manner which is prohibited under sections 32, 33 and subsection 58(1) of the Species at Risk Act.  No aquatic species at risk are mapped for the project area.

Fisheries and Oceans Canada, Fish and Fish Habitat Protection Program, has reviewed the available project information. As proposed, it is our understanding that there will be no in-water works related to this project, and no impacts to watercourses from groundwater drawdown. Should works be proposed that may impact fish and fish habitat, we recommend that this information be provided to DFO. For example, water crossings that may be required for access roads.

·       Does your department or agency have a program or additional authority that may be relevant and could be considered as a potential solution to concerns expressed about the Projects? In particular, the following issues have been raised by the requestors:

a. Impacts due to groundwater withdrawal quantity

b. Impacts on water quality through releases or accidents

c. Impacts on soil quality

d. Contamination of fish bearing waters

e. Impacts on air quality and atmospheric environment, including noise and

light pollution

f. Impacts to human health and socioeconomic conditions

These issues do not fall within DFO’s mandate.

If you have any questions or require further clarification, please let me know.

Many thanks,

Lisa

Lisa Wren

Senior Biologist, Triage and Planning

Fish and Fish Habitat Protection Program | Programme de protection du poisson et de son habitat

Ontario and Prairie Region | région de l'Ontario et des Prairies

Fisheries and Oceans Canada | 867 Lakeshore Road, Burlington  ON  L7S 1A1

Pêches et Océans Canada | 867, ch. Lakeshore, Burlington  ON  L7S 1A1

Government of Canada | Gouvernement du Canada

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