Mayor and Council City of Delta COUNCIL REPORT Regular Meeting From

City of Delta COUNCIL REPORT Regular Meeting F.10

To: Mayor and Council

From: Corporate Services Department

Date: July 15, 2020

Roberts Bank Terminal 2 Project Federal Review Panel Report The following report has been reviewed and endorsed by the City Manager.

■ RECOMMENDATIONS:

A. THAT a letter be sent to The Right Honourable Justin Trudeau, Prime Minister of Canada, and The Honourable Jonathan Wilkinson, Minister of Environment & Climate Change Canada, requesting that the Roberts Bank Terminal 2 (RBT2) project not be approved, based on the Federal Review Panel Report which:

i. concludes that the project would "result in numerous adverse residual and cumulative effects" on the Roberts Bank ecosystem, on Southern Resident Killer Whales, on fish and aquatic species, on birds, on human health, on First Nations cultural heritage and use of lands and resources, and on agricultural land in Delta, and many of those effects are deemed to be significant; ii. concludes that many of the mitigation measures proposed by the Vancouver Fraser Port Authority (VFPA) wouid not be as effective as predicted; iii. makes recommendations that are focused on further studies, monitoring, reporting, offsetting and other measures most of which do not directly prevent or mitigate the adverse effects of the project; iv. does not address the proposed Deltaport Fourth Berth as a potential alternative to RBT2; and v. does not address Environment and Climate Change Canada's concerns that some adverse effects will be "immediate, continuous, and cannot be mitigated" and that impacts on biofilm could have species-wide impacts on migratory birds.

B. THAT the federal and provincial governments be urged to use this opportunity to demonstrate leadership on climate change and biodiversity by:

i. undertaking regional environmental assessments for the Fraser River estuary and Salish Sea; and ii. using that information to develop a long-term environmental management plan for the Fraser River Delta and Salish Sea to guide future conservation efforts and sustainable development in the region,

consistent with recommendations 68, 69 and 70 in the Review Panel report. Page 2 of 7 RBT2 Federal Review Panel Report July 15, 2020

C. THAT copies of this report and letters be sent to The Honourable John Horgan, Premier of British Columbia, Carla Qualtrough, MP, Ravi Kahlon, MLA, and Ian Paton, MLA.

D. THAT copies of this report and letters be sent to the Climate Action and Community Livability Advisory Committee and the Mayor's Youth Council for information.

■ PURPOSE:

The purpose of this report is to present the key findings and recommendations of the Federal Review Panel with respect to the RBT2 project, and assess the extent to which Delta's issues and concerns have been addressed.

■ BACKGROUND:

On March 30, 2020, following a 5-year environmental assessment process, the Federal Review Panel submitted its report to the Minister of Environment and Climate Change (the Minister). The 600-page report sets out the conclusions and recommendations of the Federal Review Panel. The full report is posted on the Impact Assessment Agency of Canada's registry at: https://iaac-aeic.gc.ca/050/documents/p80054/134506E.pdf

Due to the COVID-19 pandemic, the Minister approved a 90-day timeline extension, giving the Minister until November 23, 2020 to make a decision on the project. This means that the BC Environmental Assessment Office, which is participating in a harmonized environmental assessment process with the federal government, has until December 22, 2020 to report to the BC government, with a decision due within 45 days after that.

■ DISCUSSION:

The conclusions of the Federal Review Panel are condensed into a three page summary document (Attachment 'A') and further summarized in the table below. Given the wide scope and depth of information on RBT2, this council report focusses on the Panel's responses to the key issues raised by Delta throughout the environmental assessment process.

Federal Review Panel Findings

FAVOURABLE:

• The construction and operation of RBT2 do not pose major technical challenges. • RBT2 would support competitiveness for Canadian markets facing challenges in the marine shipping supply chain. • Delta, Metro Vancouver, British Columbia and Canada, as well as some Indigenous groups, would benefit from employment, business opportunities and economic development resulting from RBT2. Page 3 of 7 RBT2 Federal Review Panel Report July 15, 2020

UNFAVOURABLE:

• The Panel concludes that RBT2 would result in numerous adverse residual and cumulative effects. • The proposed offsetting plan for aquatic species, totaling 29 hectares, would be insufficient to compensate for the habitat loss of 177 hectares of Roberts Bank. • There would be significant adverse and cumulative effects on wetlands and wetland functions at Roberts Bank. • The Panel concludes that RBT2 would not have an adverse effect on biofilm productivity and diatom composition; however, the Panel cannot conclude with any certainty about effects on polyunsaturated fatty acid production in biofilm and is unable to conclude that RBT2 would or would not have a residual adverse effect on Western Sandpipers. • Barn Owls would be subject to significant cumulative effects. • There would be significant adverse and cumulative effects on Dungeness crab and juvenile Chinook salmon. • RBT2 would cause significant adverse and cumulative effects on Southern Resident Killer Whales (SRKW). • RBT2 would result in significant adverse and cumulative effects on the cultural heritage and current use of lands and resources for traditional purposes by TFN and Musqueam Indian Band. • There would be effects on the quality of life of local populations, including health and quality of experience during commercial and recreational activities. • RBT2 would result in residual adverse effects on daytime and nighttime visual resources. • There would be a significant cumulative effect on the commercial crab fishery. • The construction and operation of the project would contribute to additional greenhouse gas emissions in the Metro Vancouver area, even after the application of mitigation measures. This contribution would result in a significant adverse cumulative effect. • RBT2 would result in a significant adverse effect and a cumulative effect on human health based on predicted exposures to nitrogen dioxide and other respiratory irritants. • RBT2 would result in a significant adverse cumulative health effect due to noise. • Elements of stress and annoyance due to light, noise and dust are already present in the local area and RBT2 has the potential to exacerbate these conditions. • RBT2 would likely cause a significant adverse effect and a significant cumulative effect on agricultural land use due to the loss of a small area of land contained in the Agricultural Land Reserve. • Ship wake wave height in shallower parts of the marine shipping area would constitute a safety hazard to small recreational and fishing boats. • RBT2 would result in a significant adverse cumulative effect on outdoor recreation. • If a worst-case spill were to occur in the marine shipping area, it could result in potentially significant adverse residual effects for vulnerable species such as SRKW, marine birds, commercial and recreational activities and Indigenous groups.

With the Panel's conclusion that RBT2 will cause significant adverse and cumulative effects on the environment and on the quality of life in the local community, the federal government has Page 4 of 7 RBT2 Federal Review Panel Report July 15, 2020

the option to reject the project outright, or approve the project subject to terms and conditions that are intended to prevent or mitigate the adverse effects.

It is acknowledged that some of the adverse effects cannot be mitigated (for example, on SRKW); therefore, it will be a decision of cabinet to determine whether the benefits to the nation derived from allowing the project to go ahead outweigh the adverse effects on the species, ecosystem and/or community.

Panel Recommendations

The Panel has listed 71 recommendations for actions to be undertaken if RBT2 is approved. VFPA has also provided a list of mitigation measures and other commitments; however, the Panel questions the effectiveness of those proposed measures:

''The Panel is of the view that, in many instances, the mitigation measures proposed by the Proponent would not be as effective as the Proponent predicted. The Panel recognizes that adaptive management would be essential if mitigation fails." (page 473)

Adaptive management is a "learning by doing" approach that relies on ecological monitoring to test assumptions and identify adverse trends early on so that steps can be taken to respond to and manage those trends. Staff note, however, that if some of the adverse environmental effects are "immediate, continuous, and cannot be reversed", as Environment and Climate Change Canada scientists fear, then adaptive management will be too late and ineffective.

Community Impacts

Delta's concerns with respect to community impacts are detailed in its submission to the Review Panel (Attachment 'C'). The Panel finds that community impacts from port related noise, light and air quality are all expected to worsen as a result of RBT2. Experience with existing port operations indicates that many of these community impacts are extremely challenging to mitigate for a variety of reasons.

The impacts from road and rail traffic have not been assessed as part of this process but we know that, with truck traffic expected to more than double from the current 4,500 truck trips per day to 9,600 daily, and train movements projected to increase from 17 to 29 a day, impacts will be significant for the Delta community. The air quality impacts from this projected increase in traffic have also not been assessed.

Other Key Issues for Delta

George Massey Tunnel - on the issue of congestion at the tunnel, the Panel notes that, if RBT2 is allowed to proceed, "the province, the City of Delta and Tsawwassen First Nation will need to collaboratively address local traffic issues" (page 341), and that the proposed improvements to the Highway 99 crossing should be expedited if RBT2 is approved. However, this issue is beyond the scope of the environmental assessment and the Panel makes no specific recommendations in this regard. Page 5 of 7 RBT2 Federal Review Panel Report July 15, 2020

Agricultural Land - the Panel found that RBT2 would "likely cause a significant adverse effect and a significant cumulative effect on agricultural land use due to the loss of a small area of land contained in the ALR". The Panel recommends the implementation of an agricultural management plan to prevent, monitor and compensate for the loss of farmland (Recommendation# 52, Attachment 'B'). The Panel does not address Delta's broader concerns that agricultural land is under pressure from port-related development, nor does it address VFPA's statement that the construction of RBT2 will require 2,500 acres of well-located, developable industrial land, and that it would consider using agricultural lands as a 'last resort' to accommodate this.

Deltaport Fourth Berth Proposal - the Panel concluded that it was appropriate in terms of the environmental assessment process that VFPA did not include DP4 in its assessment of potential alternatives to RBT2. This does not mean that the project should not be properly considered and evaluated as an alternative to RBT2.

Port Policing Authority - the Panel acknowledges Delta's concerns regarding organized crime at the port and community safety and recommends that VFPA, in consultation with Delta Police, RCMP, and the Canada Border Services Agency, be required to examine the creation of a multi-jurisdictional port policing authority to prevent and control crime incidence at Roberts Bank terminals (see Recommendation 48 in Attachment 'B').

Financial Compensation - although not raised as an issue by Delta, the Panel has recommended that VFPA develop a monitoring plan to evaluate the incremental increase in spending for particular services and infrastructure to determine if RBT2 is adding a financial burden to Delta and, if so, to identify how Delta could be compensated.

Recommendations:

For the reasons discussed above, staff is recommending that Delta take a stronger stance at this time and request that the project not be approved. Previously, Delta has asked that the environmental assessment process be halted or a decision postponed until issues of concern have been resolved. With the release of the Review Panel Report, it is apparent that many of those issues have not been resolved, therefore staff is recommending:

THAT a letter be sent to The Right Honourable Justin Trudeau, Prime Minister of Canada, and The Honourable Jonathan Wilkinson, Minister of Environment & Climate Change Canada, requesting that the Roberts Bank Terminal 2 (RBT2) project not be approved, based on the Federal Review Panel Report which:

iii. makes recommendations that are focused on further studies, monitoring, reporting, offsetting and other measures most of which do not directly prevent or mitigate the adverse effects of the project; iv. does not address the proposed Deltaport Fourth Berth as a potential alternative to RBT2; and v. does not address Environment Canada's concerns that some adverse effects will be "immediate, continuous, and cannot be mitigated" and that impacts on biofilm could have species-wide impacts on migratory birds.

Staff is further recommending:

THAT the federal and provincial governments be urged use this opportunity to demonstrate leadership on climate change and biodiversity by:

i. undertaking regional environmental assessments for the Fraser River estuary and Salish Sea;and ii. using that information to develop a long-term environmental management plan for the Fraser River Delta and Salish Sea to guide future conservation efforts and sustainable development in the region, consistent with recommendations 68, 69 and 70 in the Review Panel report.

Next steps: Federal and provincial government staff are now in the process of preparing conditions which would form the basis of the approval certificates, should they be issued. Delta has been asked to provide input to this process and will work on this over the next few months. Although Delta may not wish the project to move ahead, we do not want to miss the opportunity to provide input to the terms and conditions of the approval certificate, should one be issued.

COVID-19 Implications: none.

Implications: Financial Implications - none.

• CONCLUSION:

The Federal Review Panel Report is the culmination of an environmental assessment process that has extended over 5 years, and synthesizes the information from scientists around the world, local people, government agencies, First Nations, businesses and many other stakeholders on a very complex issue. With the Panel finding that RBT2 will cause numerous significant adverse effects on the environment and local community, it is recommended that Delta take a stronger stance and request a denial of the project. This would provide time for senior governments to undertake a regional assessment of the Fraser River estuary and Salish Sea, to review the Deltaport Fourth Berth proposal, and develop a long-term environmental management plan that will guide future conservation efforts and sustainable development in the region. Page 7 of 7 RBT2 Federal Review Panel Report July 15, 2020

Mel Cheesman Director of Corporate Services

Department submission prepared by: Bernita Iversen, Manager of Corporate Policy F:\Bernita\Port of Vancouver\Terminal 2\2020\CRPanelReport.docx

■ ATTACHMENTS:

A. Summary of Key Findings of the Federal Review Panel B. Recommendations related to City of Delta C. Delta's Submission to Federal Review Panel ATTACHMENT 'A' Page 1 of 3

Roberts Bank Terminal 2 Project Federal Review Panel Report

I Summary of Key Findings

On May 30, 2016, the federal Minister of Environment and Climate Change Canada appointed a Review Panel to carry out an environmental assessment of the Roberts Bank Terminal 2 Project proposed by the Vancouver Fraser Port Authority. The following provides a summary of the Panel's key findings.

The Project would require the conversion of 177 ha of intertidal and subtidal habitat on Roberts Bank to construct a new three-berth container terminal, expand an existing causeway and enlarge an existing tug basin. The Project would be situated immediately adjacent to Tsawwassen First Nation Lands, existing port infrastructure and close to the community of Tsawwassen and the City of Delta, British Columbia. The Project is located on Roberts Bank in the Fraser River estuary, an ecologically productive and sensitive area of coastal British Columbia. Roberts Bank is located on the Pacific Flyway for migratory birds and is adjacent to a provincial wildlife management area and an international Ramsar site. Some of the largest salmon runs in the world utilize and migrate through Roberts Bank as juveniles and adults. Roberts Bank also encompasses critical habitat for the Southern Resident Killer Whale (SRKW) listed as endangered under the Species at Risk Act.

The Panel is of the view that construction and operation of the proposed Project do not pose major technical challenges. The purpose of the Project is consistent with Canada's role as a trading nation, and the Project would enable an increase in container terminal capacity on Canada's west coast. The Project would also support competitiveness for Canadian markets linked to a marine shipping supply chain facing important changes, such as: mergers of ocean shipping lines; ocean carriers' and terminal operators' economic sustainability; terminal modernization and an increase in container ship size. The City of Delta, Metro Vancouver, British Columbia and Canada would benefit from the employment, business opportunities and economic development resulting from the Project. Indigenous groups living in proximity to the Project, in Metro Vancouver and on Vancouver Island and the Gulf Islands would stand to benefit from training, employment, and contracting opportunities.

The Panel concludes that the Project would result in numerous adverse residual and cumulative effects. The proposed offsetting plan for aquatic species, totaling 29 hectares, would be insufficient to compensate for the reduction in productivity associated with a Project-induced habitat loss of 177 hectares of Roberts Bank. There would be significant adverse and cumulative effects on wetlands and wetland functions at Roberts Bank. One of the ecosystem components that drives the high productivity of Roberts Bank is biofilm, which is consumed by western sandpipers and other shorebirds during their migration stopovers. The Panel concludes that the Project would not have an adverse effect on biofilm productivity and diatom composition. However, the Panel cannot conclude with certainty about Project effects on polyunsaturated fatty acid production in biofilm, a potentially critical nutritional component for western sandpiper. Due to the recent and still-emerging scientific understanding of biofilm, the Panel is unable to conclude with reasonable confidence that the Project would or would not have a residual adverse ATTACHMENT 'A' Page 2 of 3

Roberts Bank Terminal 2 Project Federal Review Panel Report effect on western sandpiper. Barn owl, a species listed as threatened under the Species at Risk Act, would be subject to significant cumulative effects.

There would be significant adverse and cumulative effects on Dungeness crab as well as ocean type juvenile Chinook salmon originating from the Lower Fraser and South Thompson Rivers. These juvenile Chinook reside temporarily in the vicinity of the Project and would be subject to migration disruption by the terminal footprint and Project-related effects on the underwater acoustic and light environments. The Project would cause significant adverse and cumulative effects on SRKW through a small loss of legally-defined critical habitat, reduced adult Chinook salmon prey availability and a minor increase in underwater noise. In the absence of mandatory mitigation measures to reduce underwater noise from marine shipping associated with the Project, there would be further degradation of SRKW critical habitat. Although unlikely, a lethal vessel strike on a single individual SRKW could have significant adverse population consequences.

Several Indigenous groups have traditional territories that overlap the Project area and the marine shipping area. The Project and the marine shipping associated with the Project have the potential to change various aspects of Indigenous current use and cultural heritage resources. The Panel concludes that the Project would likely result in significant adverse and cumulative effects on the current use of lands and resources for traditional purposes by Tsawwassen First Nation and Musqueam Indian Band in the Project area. The Panel also concludes that marine shipping associated with the Project would likely result in a significant cumulative effect on the current use of lands and resources for traditional purposes by Pacheedaht First Nation and Ditidaht First Nation.

In addition, the Project would cause significant adverse effects on cultural heritage for Tsawwassen First Nation and Tsleil-Waututh Nation in the Project area. While the Panel understands there would be relatively few ship movements associated with the Project, each ship travelling through the shipping lanes causes an incremental effect on the ability of Indigenous groups to access sites where they conduct cultural activities. The Panel concludes that there is an existing significant cumulative effect on cultural heritage and that any increase in ship movements would further contribute to this effect.

The Panel's assessment concludes that there would be effects on the quality of life of local populations, including health and quality of experience during commercial and recreational activities. The Project would result in a residual adverse effect on daytime and nighttime visual resources and on outdoor recreation as well as a significant cumulative effect. Residual adverse effects of the proposed expanded Navigational Closure Area during both construction and operations would combine with the adverse effects of the existing Navigation Closure Area and cause a significant cumulative effect on the Area I commercial crab fishery.

During the operational phase, the Project would result in a significant adverse effect and a cumulative effect on human health based on predicted exposures to I-hour average N02 and other respiratory irritants. The Project would result in a significant adverse cumulative health effect due to noise. Elements of stress and annoyance related to light, noise and dust are already

2 ATTACHMENT 'A' Page 3 of 3

Roberts Bank Terminal 2 Project Federal Review Panel Report present in the Local Assessment Area and the Project has the potential to exacerbate these conditions. The Panel further concludes that the Project would likely cause a significant adverse effect and a significant cumulative effect on agricultural land use due to the loss of a small area of land contained within the Agricultural Land Reserve.

Several types of accidents and malfunctions that could result from the Project were examined, both for land- and marine-based activities. The Panel concludes that additional measures would be required to adequately address effects from accidents and malfunctions that may occur in connection with land-based events. If a worst-case oil spill were to occur in the marine shipping area, it could result in potentially significant adverse residual effects for vulnerable species such as SRKW and marine birds, marine commercial and recreational activities, current use, cultural · heritage and health of Indigenous groups.

A listing of the Panel's Conclusions and Recommendations is provided in Appendix Hand further details are described in the main body of the report.

The Panel members are grateful for the support we received from the Secretariat during the four years of the Panel's work. We appreciate the professional and respectful participation offered by the Proponent and its team. We would like to acknowledge the involvement of the local citizens of Delta, the collaboration of all levels of government, the insights offered by non-governmental organizations and the constructive interactions and information provided by Indigenous groups.

3 ATTACHMENT 'B' Page 1 of 4

FEDERAL REVIEW PANEL CONCLUSIONS AND RECOMMENDATIONS THAT HAVE CITY OF DEL TA IMPLICATIONS AND/OR INVOLVEMENT

A. Light Pollution The Panel concludes that without the implementation of effective mitigation measures and management plans, the Project would result in further degradation of the light environment.

Recommendation 5 The Panel recommends that the Proponent be required to develop and implement its Light Management Plan and Follow-up Program, in collaboration with the City of Delta, Environment and Climate Change Canada, Fisheries and Oceans Canada and the Tsawwassen First Nation, to achieve the following objectives: • Monitor the select points of reception (POR) to ensure light trespass and sky glow predictions from the environmental assessment are correct (POR 1, POR 2, POR 7, POR 11); • Employ technically and economically feasible light fixtures, shielding, location, scheduling and flashing frequency so as to ensure that the EIS predictions are achieved; and • Allow collaborating parties to review and approve draft plans for both construction and operations at a minimum of 90 days prior to construction.

Recommendation 6 The Panel recommends that the Proponent be required to implement an adaptive management plan to ensure that the Commission Internationale de L'eclairage (CIE) classifications are returned to those predicted, if the follow-up program measurements indicate that light trespass and sky glow exceed predicted classifications.

B. Socio-Economic Conditions The Panel concludes that the Project would bring beneficial local and regional employment for Metro Vancouver and, in particular, for Delta.

The Panel concludes that the Project would bring positive economic development to Metro Vancouver and, in particular, for Delta.

The Panel concludes that with the implementation of the Panel's proposed recommendations, the Project would not result in an adverse effect on the socio-economic conditions, locally or in the region, as a result from changes in services, infrastructure and Project revenues.

Recommendation 48 The Proponent, in consultation with the Delta Police Department, the Royal Canadian Mounted Police and the Canada Border Services Agency be required to: • Examine the creation and implementation of a multi-jurisdictional port policing authority to prevent and control crime incidence at Roberts Bank terminals. The task ATTACHMENT 'B' Page 2 of 4 force would eventually transition to the Roberts Bank Termina1'2 port operator security entity; and • Negotiate an agre~ment with the City of Delta to allocate sufficient funds to implement an integrated police team commensurate with the requirements of the Project.

Recommendation 49 The Panel recommends that the Proponent, in consultation with the City of Delta, be required to develop a monitoring plan prior to the construction of the Project that would annually evaluate the incremental increase in spending for particular services and infrastructure to determine if the Project is adding a financial burden to Delta. The plan would include: • Monitoring throughout construction and for the first 5 years of operations; and • Mechanisms for increasing compensation for the city in the event that revenues are insufficient to meet additional expenditures induced by the Project.

C. Community Resources The Panel concludes that there would be a non-significant adverse effect and a significant adverse cumulative effect of the Project on agriculture land use due to the loss of a small portion of land contained within the Agricultural Land Reserve.

Recommendation 52 The Panel recommends that the Proponent be required to: • Maintain as agricultural the portion of land acquired from the BC Railway Company and not required by the Project; and _ • Implement an agricultural management plan to prevent, monitor and compensate for the loss of farmland and employment and, potential effects on Agricultural Land Reserve properties adjacent to the Project lands.

D. Visual Resources The Panel concludes that the Project would result in a significant adverse cumulative effect on daytime and nighttime visual resources.

Recommendation 54 The Panel recommends that Transport Canada in collaboration with Canadian Port Authorities: • Work collaboratively with existing associations, such as the Worldwide Association of Port Cities and Canadian urban planners, to develop a charter, with principles and guiqelines that could be f9llowed to minimize visual effects of port expansions and promote social acceptance; and • Develop and implement with Indigenous groups and other stakeholders, ways to promote port areas as an asset for tourism and/or the promotion of existing heritage elements. ATTACHMENT 'B' Page 3 of 4 E. Human Health - Exposure to Atmospheric Pollutants The Panel concludes that the construction phase of the Project would result in a residual adverse effect on human health due to chronic exposure of annual-average N02. The effect would be significant.

The Panel concludes that the operational phase of the Project would result in a significant adverse effect on human health based on predicted exposures to 1-hour average N02 and respiratory irritants.

The Panel concludes that the operational phase of the Project would result in a significant adverse cumulative effect on human health based on predicted exposures to 1-hour average N02 and respiratory irritants.

The Panel concludes that there would be no air quality effects on human health arising from marine shipping associated with the Project.

Recommendation 57 The Panel recommends that the Proponent during construction and operations be required to comply with the most stringent applicable air quality standards and exposure limits.

F. Accidents and Malfunctions The Panel concludes that additional measures are required to adequately address effects that may occur as a result of land-based accidents or malfunctions.

Recommendation 60 The Panel recommends that the Proponent be required, in collaboration with the City of Delta and the BC Ministry of Environment and Climate Change Strategy, to include in its Environmental Management Plans the following: • Regular, coordinated training and exercis(=s involving the organizations responsible for spill prevention and control of hazardous and noxious substances that may be released during land-based construction and operations; • A description of the roles and responsibilities of each organization involved in a coordinated accident response, including the identification and solutions to any limitation towards effective and coordinated emergency response; and • A review of necessary additional expenditures induced for the City of Delta for health and respo~se services and equipment.

Recommendation 61 The Panel recommends that the Proponent be required, in collaboration with the appropriate provincial and federal organizations, the City of Delta, and the Tsawwassen First Nation, to include in its Environmental Management Plans: • Preventative measures to minimize or avoid accidents or malfunctions that could arise from carrying out land-based construction and operation activities that may pose a risk during sensitive time periods for vulnerable species in the vicinity of the Project, such as juvenile salmon and migratory birds; ATTACHMENT 'B' Page 4 of 4 • Detailed response protocols to account for all types of substances that may be spilled at the terminal, and for different environmental conditions at Roberts Bank; • Measures for the long-term monitoring of effects due to spills of oils, lubricants and other hazardous and noxious substances; • Measures for the remediation of the effects of these spills; and • A review of necessary additional expenditures induced for the City of Delta for health and emergency response services and equipment with a mechanism for cost recovery.

The Panel concludes that if a worst-case oil spill event were to occur, it would result in a residual adverse effect, which could be significant for vulnerable species such as the Southern Resident Killer Whale and marine birds, marine commercial and recreational activities, current use, cultural heritage and health of Indigenous groups.

Recommendation 62 The Panel recommends that the Proponent be required, in collaboration with Transport Canada, the Canadian Coast Guard, the Western Canada Marine Response Corporation, and the City of Delta, to develop an integrated response plan, similar to the Greater Vancouver Integrated Response Plan, to ensure effective and coordinated response to marine shipping accidents that may occur within the Proponent's jurisdiction.

G. Cumulative Effects

Recommendation 68 The Panel recommends that the Government of Canada develop and implement intergovernmental management programs for the improvement and long-term environmental management of the Fraser River estuary and the Salish Sea. The programs should include: a governance body made up of public and private sector stakeholders and representatives of Indigenous groups to oversee the programs, funding commitments, monitoring requirements, a decision-making framework around possible future resource development and management, environmental conservation programs, community sustainable and subsistence activities and a public reporting system. The Intergovernmental Management Programs should be developed to align with the result of a regional environmental assessment.

Recommendation 69 The Panel recommends that the Cumulative Effects of Marine Shipping initiative of the Oceans Protections Plan be pursued with appropriate budgets.

Recommendation 70 The Panel recommends the Government of Canada undertake two regional environmental assessments for the Fraser River estuary and the Salish Sea to establish an environmental baseline, identify environmental and cumulative effects of the areas, and mitigation and follow-up requirements. The regional assessment should be used to develop and implement Intergovernmental Management Programs of the Fraser River estuary and the Salish Sea. ATTACHMENT 'C' Page 1 of 20 ATTACHMENT 'C' Page 2 of 20 Roberts Bank Terminal 2 Project

Table of Contents 1.0 Introduction ...... 3 1.1 Delta is the host municipality for the proposed RBT2 project ...... 3 1.2 Port operations have brought local employment, investment and industrial growth to Delta and the region ...... 4 1.3 A significant amount of agricultural land in Delta has been lost to development and further port expansion will place additional pressure on remaining farmland ...... 5 1.4 Environmental Significance ...... 6 2.0 Road and rail impacts ...... 6 3.0 Information gaps and uncertainty ...... 7 3.1 Project Need/Alternatives to RBT2 ...... 8 3.2 Uncertainty Regarding Impacts on critical habitat and endangered species ...... 8 4.0 Marine Shipping Impacts and Spill Response ...... 10 5.0 Community Impacts - Noise ...... 11 6.0 Community Impacts - Local Air Quality ...... 12 7.0 Community Impacts - Light Pollution ...... 12 8.0 Migratory Bird Impacts ...... 12 9.0 Construction and Operating Environmental Management Plans ...... 13 10.0 Adequacy of Habitat Compensation ...... 13 11.0 Post-Construction Monitoring Strategy ...... 14 12.0 The Role of Inland Ports ...... 14 13.0 Concluding remarks ...... 15 Attachment A: Comments on Project Construction Update and Supplemental Information (received up to July 6, 2018) ...... 17 Attachment B: Comments on Draft Public Hearing Procedures ...... 19 Attachment C: Comments on Supplementary Information (received after July 6, 2018) ...... 20

City of Delta 4500 Clarence Taylor Crescent Delta, BC V4K 3E2 604.946.4141 www.delta .ca ATTACHMENT 'C' Page 3 of 20 Roberts Bank Terminal 2 Project

1.0 Introduction

On June 16, 2016 the Review Panel for the Roberts Bank Terminal 2 Project (RBT2} announced the start of a public comment period on the Environmental Impact Statement and the Marine Shipping Addendum submitted by the Vancouver Fraser Port Authority (VFPA) to the Canadian Environmental Assessment Agency. The Review Panel is inviting comments on the "sufficiency and technical merit" of the information provided in the Environmental Impact Statement. The deadline for submissions is October 14, 2016.

The Corporation of Delta will defer comment on many of the complex technical and scientific issues discussed in the Environmental Impact Statement to the authorities that have the appropriate expertise and resources to properly assess the information.

However, it is important for the Review Panel to consider the RBT2 project within a broader social and geographic context to assess the entirety of the impacts of the project, not just on the biophysical environment, but on the local communities that would be most directly impacted by the construction and operation of a new container terminal on the scale proposed.

1.1 Delta is the host municipality for the proposed RBT2 proiect

Delta is located at the mouth of the Fraser River, in close proximity to the US border and the City of Vancouver, and holds a strategic position as the gateway to Asia -Pacific trade. Delta is home to the largest container port in Canada (Delta port) and the largest coal terminal on the west coast of North America (Westshore Terminals}, as well as some of the largest industrial areas in Metro Vancouver (Annacis Island, and the Industrial Parks at Tilbury, Sunbury and Boundary Bay Airport).

Paradoxically, Delta also has some of the finest farmland in Canada, with nearly half of its land base within the Agricultural Land Reserve, farming forms a significant part of the local economy. Delta's population of 100,000 is distributed throughout the three geographically distinct communities of Ladner, Tsawwassen and North Delta. Industrial development in Delta is-supported, where appropriate; however, the· protection and preservation of agricultural land is a priority issue for Delta Council.

City of Delta 4500 Clarence Tayl or Crescent ;., Jt Delta, BC V4K 3E2 ;,_; I 604.946.4141 www.delta.ca ATTACHMENT 'C' Page 4 of 20 Roberts Bank Terminal 2 Project

Apptndl.~ B - Map B3

Corporation of Delta • 201 O

Pan:~ L•nd U... P•rcels 'Uloi!d"" '"""""'" ~ JIFA,1

Figure 1: Agricultural Land in Delta

Together with the Tsawwassen First Nation community, Delta will be the municipality most impacted by port expansion. Every truck, train and container that enters and leaves the port must travel through Delta, and the impacts associated with the project and the ripple effects of port growth are felt on Delta's shoreline and through the Delta community.

1.2 Port operations have brought local employment. investment and industrial growth to Delta and the region

Delta acknowledges the importance of international trade for the Canadian economy. As the host municipality to RBT2, Delta would have the benefit of receiving annual property taxes estimated at $4.6 million in additional revenue. Over the last two decades, there has been significant government and private sector investment in major infrastructure projects that support trade with Asia-Pacific countries, including:

• the Asia-Pacific Gateway and Corridor Initiative - Roberts Bank Rail Corridor Road/Rail Grade Separations (2007-2014); • the construction of Highway 17, connecting Deltaport with Highway 1 (2007-2013); • the Deltaport Third Berth expansion project (2006-2010);

City of De lta 4500 Clarence Taylor Crescent Delta, BC V4K 3E2 604.946.4141 www.delta.ca ATTACHMENT 'C' Page 5 of 20 Roberts Bank Terminal 2 Project

• the Deltaport Terminal, Road & Rail Improvement Project {2013 - ongoing); and • the George Massey Tunnel Replacement Project {2013 - ongoing).

Together, these projects have significantly expanded port capacity, improved access to the port, reduced traffic congestion on local roads, and enhanced road and rail safety in the community.

1.3 A significant amount of agricultural land in Delta has been lost to development and further port expansion will place additional pressure on remaining farmland

The downside of this development has been the incremental loss of almost 1,000 acres {400 ha) of agricultural land during the last decade. The Vancouver Fraser Port Au t hority has stated that the construction of RBT2 will require 2,500 acres of well-located, developable industrial land by 2035. This is problematic given that the industrial land inventory of Metro Vancouver {currently estimated at 6,000 acres) is expected to be exhausted by 2020. Delta estimates that as much as 1,500 acres {600 ha) of prime agricultural land in Delta is under pressure from port-related development, including 200 ha of ALR that has been optioned by real estate speculators. VFPA acknowledges that, although it is a 'last resort' option, it will look at options for industrial uses of agricultural lands to accommodate the land demand from RBT2, if necessary.

P.ob, tt • /J.011.J..

LEGEND

- Lamington • Optioo to Purchase Land - TFN - ZOned lndustrlal or Commerolal TfN - Right of Flrst RefuHJ

- BC Raff lv1nhoe C rnbridG• Inc. Lind Purc:haM - (ALR) Boundary i~l..lr¥!~0c:ltitilt31, :l01~) ~~-~l~

Figure 2: Agricultural Land Under Pressure Near Roberts Bank Terminal

City of Delt a 4500 Clarence Taylor Crescent Delta, BC V4K 3E2 604.946.4141 www.delta.ca ATTACHMENT 'C' Page 6 of 20 Roberts Bank Terminal 2 Project

1.4 Environmental Significance

The estuarine, marine and terrestrial environments around Delta are recognized nationally and internationally for their ecological significance for a wide variety of shore birds, fish and marine mammals. The proposed site of RBT2 is located in the Fraser River estuary, within Species at Risk Act critical habitat for the Southern Resident Killer Whale, and in the centre of an intertidal environment that supports some of the largest salmon runs in the world and sustains millions of birds that migrate annually along the Pacific flyway between Alaska and Central America. Principal among the anthropogenic threats to recovery are reductions in the availability or quality of prey, environmental contamination, and both physical and acoustic disturbance. Some of the area designations include:

• A Globally Important Bird Area identified by Bird Life International. • A site of hemispheric importance recognized internationally by the Western Hemisphere Shorebird Reserve Network. Only eight of these sites exist in North, Central and South America. • Designated by the British Columbia Government as a Wildlife Management Area "which provides crucial wintering grounds for the highest number of waterfowl and shorebirds found anywhere in Canada". • Immediately adjacent to the Fraser River Delta Ramsar site under the Ramsar Convention - an international treaty for the conservation and sustainable utilization of wetlands. • One of six vital stops on the Pacific Flyway for Migratory Birds which extends from Central America to Alaska. • A nursery environment for five species of juvenile salmon during their seaward migration. • Critical habitat for the Southern Resident Killer Whales which are listed as endangered under Canada's Species at Risk Act.

2.0 Road and rail impacts

. . The Review Panel is urged to expand the geographic scope of the environmental assessment to include regional road and rail impacts. The Delta community is impacted by every truck, every train, and every container that moves in and out of the Roberts Bank marine terminal. RBT2 will more than double truck traffic from the current 4,500 truck trips daily to 9,600 truck trips per

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day, and train movements will increase from 17 to 29 a day by 2030. The community impacts will be significant.

Delta has made repeated objections during the environmental assessment process to CEAA's decision to limit the geographic extent of the road and rail impact assessment to the marine terminal and causeway for the following reasons:

• the environmental assessment would significantly underestimate the environmental and community impacts of the project; • it is inconsistent with previous environmental assessments, including the Deltaport Third Berth project, which was approved in 2006 subject to requirements for Vancouver Fraser Port Authority to undertake several road improvement projects in Delta; and • the Gateway Transportation Collaboration Forum (GTCF), which was formed in 2014 to assess regional road and rail issues in the Metro Vancouver area and prioritize mitigation options, is not an effective substitute for the environmental assessment process. Municipalities are consulted as stakeholders but are not part of the Steering Committee, and the scope of study is far broader than RBT2 which means that improvements needed to address impacts specific to RBT2 may not be prioritized appropriately.

The GTCF has recently provided additional information on the impacts of the increased rail traffic. In particular, rail traffic will double the at-grade road crossing times over the next fifteen years, which will impact property accessibility south of the B.C. Rail tracks in Delta. Vehicles will have longer waiting times at rail crossings as the trains are increasing in length. Furthermore, there will be an additional 12 or more trains a day. One mitigation option would be a service road along the 44 Avenue alignment for emergency vehicle and farm vehicles. This would help to mitigate some of the impacts to properties south of the railway line. In addition, a whistle cessation program should be initiated for the 112th, 104th, 96th, 88th and 72nd Street B.C. Rail crossings.

3.0 Information gaps and uncertainty

Delt_a is concerned that there is a lack of consensus and certainty with r~spect to two key issues relating to RBT2, as discussed below:

City of Delta L

3.1 Project Need/Alternatives to RBT2

One of the most common concerns raised by Delta residents {and included in many submissions on the Canadian Environmental Assessment Agency registry) is whether there is a real need for a new terminal, and if so, whether that need can be met by alternative means. For example, expanding capacity at the Prince Rupert Fairview container terminal and maximizing efficiencies at existing terminals are alternatives that must be exhausted before a new terminal at Roberts Bank is constructed. Delta is concerned about the number of comments that have been submitted to the Review Panel that question the economic analysis and rationale for RBT2. In particular, Delta is interested to know whether the questions raised and comments made by Global Container Terminals {Registry Document# 111) have been adequately investigated, including:

• The request that the Review Panel undertake more market analysis regarding the suitability of the project in view of {i) the rapid increase in the size of container vessels and {ii) the consolidation of container carriers to operate in four primary vessel sharing agreements on the Trans-Pacific trade lane. The design plans for RBT2 assume that volume will be driven by more ship calls which require more berths. GCT does not dispute the demand growth estimates that underpin the project, but it does question the manner in which this growth will be brought to Canada. • The request for a more thorough review of alternative means of carrying out the project, including a discussion of densification of existing terminals. • The request for an analysis of downstream rail capabilities and impacts.

3.2 Uncertainty Regarding Impacts on critical habitat and endangered species

Delta is very concerned that there is an apparent lack of consensus regarding the potential environmental effects of RBT2, and is concerned that there are still some significant information gaps with respect to critical habitat and endangered species, which have resulted in uncertainty regarding the environmental impacts of RBT2:

• The Proponent acknowledges that.there are information gaps regarding shipping impacts on marine mammals and, in 2015, initiated the ECHO program {Enhancing Cetacean Habitat and Observation) to try to address some of those gaps relating to cetacean behaviour, biology and sensitivities to environmental disturbances. The Proponent states that "the project will not limit the survival or population recovery of Southern Resident Killer Whales" but does not substantiate this conclusion. Given that

City of Delta 4500 Clarence Taylor Crescent ,.\ Delta, BC V4K 3E2 604.946.4141 www.delta .ca ATTACHMENT 'C' Page 9 of 20 Roberts Bank Terminal 2 Project

both physical and acoustic disturbance are identified as principal anthropogenic threats to the Southern Resident Killer Whale recovery, and the RBT2 project will result in more ship traffic, how can any conclusion be drawn about the impacts of the project when studies into acoustic disturbances are ongoing?

• Given the precarious state of the Southern Resident Killer Whale population, a precautionary approach must be taken by the Canadian government regarding any proposed development in this area. The Species at Risk Act (SARA) specifically prohibits the destruction of habitat that is deemed critical to an endangered species. In David Suzuki Foundation et al. -v Minister of Fisheries and Oceans et al (2010 FC 1233 at para. 299), Justice James Russell noted that:

Parliamentarians recognized that critical habitat protection under SARA must be mandatory and not discretionary. Parliament did not intend to allow ministers to ''choose" whether to protect critical habitat.

• Regarding the critical inter-relationship between shore birds and biofilm, Delta is concerned by the Proponent's conclusion that "biofilm composition is expected to change temporarily during freshet in response to decreases in salinity, and return to existing conditions outside of the annual freshet period", particularly given Environment Canada's comment that "Recent work on Roberts Bank by international scientists has provided new information on the nature of the intertidal diatom community.. . This new information casts reasonable doubt on some of the Proponent's key conclusions with respect to biofilm and migratory birds." (Registry document# 262, June 15, 2015)

• It is noted that the results of the Adaptive Management Strategy for the Del t aport Third Berth project were generally positive, in that significant adverse environmental t rends from the project were not identified. However, the geographic extent of this study was limited to the inter-causeway area and does not provide any reassurance regarding potential impacts of RBT2 northwards of the Deltaport causeway where impacts would be expected to be greatest.

If there is continued lack of consensus following the Panel Review process about the potential effects or degree of potential effects of the project on the environment, specifically, on the biofilm and southern resident killer whales, Delta urges the Review Panel to err on the side of caution and recommend in its report to the Minister of Environment & Cl imate Chan_ge that approval be denied, or at least postponed, until there is greater consensus between scientific,

Cit y of Delt a 4500 Cla rence Taylor Crescent Delta, BC V4K 3E2 604.946.4141 www.delta.ca ATTACHMENT 'C' Page 10 of 20 Roberts Bank Terminal 2 Project

regulatory and environmental agencies regarding the impacts of the project and the ability to effectively mitigate those impacts.

4.0 Marine Shipping Impacts and Spill Response

By 2030, 260 ship calls are projected at RBT2. Concurrently, there are projected to be 312 container ship calls at the Deltaport Terminal, for a total of 572 container ships calling at Roberts Bank servicing a total of 4.8 million TEUs. Therefore, the RBT2 ship traffic represents an 83% increase in the number of container ship calls and a doubling of the number of containers. In addition, there will be approximately 313 bulk carriers calling at the Westshore Terminals coal port.

Delta has concerns regarding the increased number of vessels docking at the port and their potential impacts on air quality, and community impacts from increased noise and lighting. In addition, Delta is concerned that the cumulative effect of increased shipping in the Georgia Strait and Fraser River estuary area and the greater frequency of severe storms due to climate change will increase the likelihood of a ship collision or other marine incident, possibly involving hazardous materials.

Delta Fire & Emergency Services is a land-based fire rescue service that is well trained and equipped to deal with hazardous materials and dangerous goods incidents on land. The increasing vulnerability due to offshore activity is of great concern, especially with respect to Delta's dependence on third party marine emergency response resources.

The proponent indicates that a Spill Preparedness and Response Plan will be included in both the Construction and Operation Environmental Management Plans. Given the size of the Robert s Bank terminal with the addition of RBT2, it is critical that this plan have detailed geographic response protocols and regularly scheduled training and exercise programs which include local government and first responder agencies. It is also critical that the appropriate quantity of spill response resources be maintained on the site. Given the sensitivity of the surrounding Roberts Bank ecosystem, any delay in response to a spill in the marine environment could significantly increase the impact of the spill, an~ the plan should not r~ly on resources located away from the marine terminal.

More generally, a great deal of work is being done at the provincial and federal levels to improve and enhance British Columbia's marine emergency response capabilities. A project on the scale of RBT2 should not be allowed to proceed until there is a world-class emergency

- City of Delta - 4500 Clarence Taylor Crescent i~ :J 'J,.'/1,l ~ :» Delta, BC V4K 3E 2 .·' _,,, 604.946.4141 www.delta.ca ATTACHMENT 'C' Page 11 of 20 Roberts Bank Terminal 2 Project

response program and resources in place to deal with a major spill into the marine environment.

5.0 Community Impacts - Noise

The majority of complaints received by VFPA from Delta residents are noise related. Noise disturbance is a consistent and enduring problem, and an issue over which VFPA has limited control. People living close to the shore, facing the port, are particularly vulnerable to noise disturbance from terminal operations and from ships' generators which are kept running while · the ships are docked. In addition, rail operations, such as train shunting and whistling, are a more general source of noise disturbance throughout the Delta community.

• Construction noise: the construction of Deltaport Third Berth caused significant noise disturbance for some Delta residents and it is expected that the construction of RBT2 will have similar, but longer duration, impacts on the community. The Proponent acknowledges that there will be periods of higher-than-average noise levels during certain months of construction activities (section 27 .6.4). Mitigation measures of a general nature are identified but specific details have yet to be determined in a Construction Noise Management Plan and a Construction Compliance Monitoring Plan (section 27.7.2). • Operation~! noise: the operation of RBT2 will "increase substantially" the number of transient or impulsive noise events, and that the perception of these noises may be more widespread within the community. Proposed mitigation is the development of a Noise Management Plan.

In 2015, VFPA completed the installation of three noise monitors in south Delta to better identify sources of noise; however, effective mitigation hinges on the ability to effect change to stop or reduce the noise. In the case of ships engine noise, this has proven to be extremely challenging.

The most effective way to mitigate ship engine noise is through the use of shore power, which allows ships to shut down their auxiliary engines while at berth. Although the container shipping fleet is not as advanced as the cruise ship industry in term of shore-power readiness, shore-power should nevertheless be available upon opening of RBT2. Similar to regulatory requirements for use of shore power in California, there should be a phased-in mandatory compliance for shore-power usage with financial penalties for non-compliance. For ships that do not have shore-power capability, a system of incentives or disincentives could be established to ensure ship noise is not impacting local communities.

City of Delta 4500 Clarence Taylor Crescent Delta, BC V4K 3E2 604.946.4141 www.delta.ca ATTACHMENT 'C' Page 12 of20 Roberts Bank Terminal 2 Project

6.0 Community Impacts- Local Air Quality

There have been significant improvements in emissions from trucks and ships as a result of VFPA programs and requirements, technological improvements, and the implementation of international restrictions for sulphur content in marine fuel. As previous noted, there is also the potential for greater improvements with the implementation of shore power for container vessels.

New locomotives have also reduced emissions; however, legislation to bring Canadian standards in-line with US Environmental Protection Agency standards is only recently being introduced. In 2030, there will be 29 additional daily train movements to the current 17 movements per day. More can be done by the Proponent to encourage locomotive emission control retrofits and fleet turnover to realize local air quality benefits. If RBT2 proceeds, the Proponent should be required to work with the rail companies to develop a comprehensive emission reduction program and accelerate emission improvements from locomotives servicing Deltaport and RBT2.

7.0 Community Impacts - Light Pollution

Light is visible for a considerable distance away from the existing Roberts Bank port facility, leading some local residents to complain about the negative impacts of glare and sky glow. There are also issues relating to the potential impacts of light pollution on birds and marine wildlife. There is concern that the effective doubling of the terminal area for RBT2 will significantly increase the amount of light pollution and exacerbate these problems.

If approved, RBT2 would provide an opportunity to ensure that the lighting scheme achieves the optimal balance between the needs for safety and security while at the same time ensuring as much as possible is being done to minimize adverse impacts on the local community and environment.

8.0 Migratory Bird Impacts

. The additional traffic volume associated with RBT2 will result in an estimated additional 155 vehicle-related bird mortalities per year of bird species protected under the federal Migratory Birds Convention Act or the BC Wildlife Act. Vehicle collisions are not expected to affect the short or long-term population viability of coastal birds, with the exception of barn owls.

City of Delta 4500 Clarence Taylor Crescent

~'i: :A.~ _ $ Delta, BC V4K 3E2 ·

In order to reduce the number of collisions with barn owls, it is suggested by Delta that, as a minimum, vegetation should be planted alongside Deltaport Way and along the causeway. The onsite habitat compensation proposed for RBT2 is primarily intertidal enhancements. The overall design of the widened causeway and new terminal is devoid of upland vegetation - a hedgerow of trees along the causeway and portions of the terminal where there are no berths would have multiple benefits, including a reduction of bird collisions, improved visual aesthetics and the provision of upland habitat. The vegetation would also offset a portion of the increased greenhouse gas emissions expected with RBT2. Some upland and backshore planting was completed as part of the compensation work for the Deltaport Third Berth project, and this could be expanded upon and enhanced as part of the RBT2 project.

9.0 Construction and Operating Environmental Management Plans

The Proponent states that Construction and Operation Environmental Management Plans will be developed nearer to the start of construction, once all regulatory requirements are known. This makes sense for some, but not all, of the plans. Many of the proposed mitigation measures refer back to these plans which have yet to be developed. In Section 35 -Affects Assessment Summaries - the Proponent's response to address a wide range of project impacts is the implementation of Construction and Operation Environmental Management Plans (and sub plans). How can the Review Panel properly assess whether the proposed mitigation measures are adequate or effective without the plans being available for review?

10.0 Adequacy of Habitat Compensation

The total marine footprint of the terminal, dredged berth pocket and ma rine ~pproach area for RBT2 is approximately 133 ha {329 acres), compared with the 20 ha (SO acres) for the Deltaport Th ird Berth Project.

Based on information provided in the environmental impact statement, it appears that the scope of fish and wildlife compensation proposed is not proportional to the size of the RBT2 project, particularly when compared t o the scale of habitat compensation completed for t he Deltaport Third Berth project. It is recognized that changes in the federal Fisheries Act and its related habitat c;ompensation and offsetting policies, mean that a lesser regulatory standard exists today; however, given the scope of the RBT2 Project, the highly sensitive environment, and uncertainty related to project effects, the habitat compensation work should clearly exceed minimum regulatory requirements. As discussed in the Migratory Birds Impact section, one opportunity is to create additional upland habitat through tree and shrub planting along the causeway.

Cit y of Delta 4500 Clarence Taylor Crescent ; :_:; ~:AJ ~ r1t Delta, BC V4K 3E2 .. - 604.946.4141 www .delta.ca ATTACHMENT 'C' Page 14 of 20 Roberts Bank Terminal 2 Project

11.0 Post-Construction Monitoring Strategy

Following the completion of the environmental assessment process, the proponent is proposing to submit a 'Follow-up Program' for review by the regulators. An outline for this program is provided in the environmental impact statement, including timelines and components (Appendix 33-A). There is no mention of consulting with Delta or the broader community on the development of the Follow-up Program. Should the project be approved, this is a critical item for the community as demonstrated by the Deltaport Third Berth Adaptive Management Strategy. A key component of the Follow-up Program is the post-construction environmental monitoring and the formal mechanisms put in place to require additional mitigation or offsetting it deemed necessary from the monitoring results.

The development of the Follow-up Program must be completed as part of the Panel Review process if a recommendation to approve the project is being considered. The temporal and spatial extent of the program is not defined in the EIS and must be developed with broader consultation than what is proposed to ensure that any unanticipated community and environmental impacts are appropriately addressed.

12.0 The Role of Inland Ports

Should RBT2 be approved, it would be a unique opportunity for the Canadian government to demonstrate its commitment to sustainable development by encouraging the use of inland ports. The Proponent acknowledges that inland facilities could provide opportunities for port expansion, and that the lack of available land close to marine terminals could precipitate the need to push certain supply chain-related uses inland (Canada Transportation Act Review Submission, 2015).

There are opportunities for the development of inland terminals in the BC interior (Ashcroft) and further west in Alberta (Calgary). A study commissioned by the Corporation of Delta in 2014 highlights the significant traffic, economic, social and environmental benefits associated with inland ports (using the example of Ashcroft Terminal). There are examples in Europe where port expansions have been approved subject to specific requirements to reduce truck traffic. For example, the Maasvlakte 2 port expansion in Rotterdam was approved subject to contractual agreements with terminal operators to transport an increasing volume of cargo via rail and inland shipping, and less via road haulage. Similar scenarios could be envisioned for RBT2.

City of Delta 4500 Clarence Taylor Crescent {t _~ ,l1 ~ :5f Delta, BC V4K 3E2 . 604.946.4141 www.delta.ca ATTACHMENT 'C' Page 15 of 20 Roberts Bank Terminal 2 Project

Figure 3: Ashcroft Terminal lntermodal Yard

13.0 Concluding remarks

The Corporation of Delta respectfully requests the Review Panel to consider the following points in its assessment of the Roberts Bank Terminal 2 Project:

• The economic rationale for the project must be reconsidered in light of the rapidly changing global container shipping industry to ensure that RBT2 is both needed and appropriate.

• If there is continued lack of consensus following the Panel Review process about the potential effects of the project on the environment, specifically, on critical habitat (biofilm) and endangered species (Southern Resident Killer Whale), the Review Panel is urged to err on the side of caution and recommend in its report to the Minister of Environment & Climate Change that approval for the project be denied, or at least postponed, until there is greater consensus between scientific, regulatory and environmental agencies regarding the impacts of the project and the ability to effectively mitigate those impacts.

• The Review Panel is urged to expand the geographic scope of the assessment to consider the direct and cumulative impacts of a doubling in road and rail traffic on Delta and other local communities.

City of Delta 4500 Clarence Tayl or Crescent " Delta, BC V4K 3E2 604.946.4141 www.delta.ca ATTACHMENT 'C' Page 16 of 20 Roberts Bank Terminal 2 Project

• It is not possible to properly assess the project without having access to key documents and reports, including construction and operating environmental management plans, mitigation strategies, and offsetting plans. These documents must be made available for review before any comments or conclusions can be made about the impacts of the project and how effectively they can be managed or mitigated.

• If the project is approved, steps must be taken to expedite the establishment of a world class spill response program in BC before RBT2 becomes operational.

• The economic benefits of RBT2 to Canadians must be weighed against the potential economic, environmental and social losses that could arise from irreparable environmental degradation from the construction of the project or from the increased likelihood of spills and accidents, including impacts on migratory bird populations and the already endangered Southern Resident Killer Whale population.

• Given the scale of the project, the highly sensitive environment, and the uncertainty regarding project effects, the habitat compensation work should exceed minimum regulatory requirements.

• Shore power should be immediately available upon opening of RBT2, and a series of incentives should be put in place to encourage the use of shore power by container ships, with a mandated phasing-in period similar to that being implemented at ports in California.

• The potential impacts of the project on local communities are significant, both from the construction activities and from the 24/7 operation of the terminal. VFPA must make every effort to mitigate those impacts through terminal design and construction, and commit to working with Delta at the detailed design phase of the project to ensure issues relating to engineering, utilities, local transportation and noise are properly addressed.

• The Review Panel is urged to consider the role of inland ports in relieving traffic congestion, spreading economic benefits, and reducing pressure to develop agricultural land near the marine terminal.

City of Delta 4500 Clarence Taylor Crescent "< 1-'; Delta, BC V4K 3E2 604.946.4141 www.delta .ca ATTACHMENT 'C' Page 17 of 20 Roberts Bank Terminal 2 Project

Attachment A: Comments on Proiect Construction Update and Supplemental Information (received up to July 6, 2018)

Marine Spill Response:

Delta previously commented that, if the project is approved, steps must be taken to expedite the establishment of a world class spill response program in BC before RBT2 becomes operational. It is noted that the Federal Court of Appeal decision in September 2018 to halt the Trans Mountain pipeline expansion means that $150 million in funding to enhance coastal marine spill response is now on hold. The funding was meant to reduce spill respons·e time from 6 to 2 hours for Vancouver Harbour and down from 18-72 hours to 6 hours for the rest of the coast. The Review Panel is urged to consider the implications of the loss of this funding for the RBT2 project and for the mitigation of potential effects from marine shipping.

Community Noise Impacts:

In response to feedback on the Environmental Impact Statement, VFPA provided an updated project construction plan which includes the following changes:

• The project no longer requires the intermediate transfer pit to store sand while the containment dikes are being constructed. • Instead, the containment dikes will be filled directly with Fraser River sand and sand from existing quarries. This will extend the construction period by approximately 8 months. • Dredged material from the expansion of the tug basin will no longer be taken away for off-site disposal. Instead, it will be used as general fill for the terminal. • The volume of material to be dredged from the dredge basin has been reduced and the amount of dredged material that will be used as fill material has been increased from 85% to 97%. • The overpass on the widened causeway has been updated to incorporate recent changes to the bridge building code and will include 86 steel foundation piles.

The proponent indicates that the impact of these changes is slight (with some positive effects relating to the elimination of the intermediate transfer pit and reduction in dredging noise) and will not affect the overall conclusions made in the Environmental Impact Statement. However, staff is concerned that there may be some significant noise impacts as a result of the amended construction plan:

City of Delta 4500 Clarence Taylor Crescent Delta, BC V4K 3E2 604.946.4141 www.delta.ca ATTACHMENT 'C' Page 18 of 20 Roberts Bank Terminal 2 Project

• The installation of overpass piles will require pile-driving equipment and may take up to 60 days, during daylight hours.

• Recalculation of predicted noise levels using modelling techniques indicates that sound levels may increase by up to 5.7 dBA for the operation phase, and by up to 6.6 dBA for the construction phase, under 'worst-case' meteorological conditions. Even though these 'worst case' conditions are predicted to occur less than 20% of the time, construction work is anticipated to take 73 months, so noise impacts could be very disruptive to local residents.

• The highest noise levels are expected to occur from August 2022 to October 2022 during densification of the east widened causeway.

The potential impacts of the project on local communities are significant, both from the construction activities and from the 24/7 operation of the terminal. VFPA must make every effort to mitigate those impacts through terminal design and construction, and commit to working with Delta at the detailed design phase of the project to ensure issues relating to engineering, utilities, local transportation and noise are properly addressed.

Uncertainty Regarding Impacts on Critical Habitat and Endangered Species

With the continuing decline of the Southern Resident Killer Whale population and ongoing uncertainty regarding the impacts of RBT2 on biofilm1 (a critical food source for migratory birds), the Review Panel is once again urged to err on the side of caution and recommend in its report to the Minister of Environment & Climate Change that approval for the project be denied, or at least postponed, until there is greater consensus between scientific, regulatory and environmental agencies regarding the impacts of the project and the ability to effectively mitigate those impacts.

1 CEAA Document# 1146

City of Delta 4500 Clarence Taylor Crescent Delta, BC V4K 3E2 604.946.4141 www.delta.ca ATTACHMENT 'C' Page 19 of 20 Roberts Bank Terminal 2 Project

Attachment B: Comments on Draft Public Hearing Procedures

The draft Public Hearing Procedures outlines the purpose of the public hearing and how it will be conducted by the Review Panel. Members of the public can simply observe the proceedings, or they can register to participate through oral and/or written presentations. There are three types of public hearing sessions:

• General - to facilitate participation by local residents in communities close to the project. • Community - to facilitate participation by Indigenous peoples. • Topic-specific - to allow for scrutiny of the technical aspects of the project and allow experts to presents the results of their technical review of the potential environmental impacts of the project.

There are clearly defined procedures for participating in the hearings, including rules around conduct, questioning and closing remarks. It is noted that the Panel may vary the procedures or "dispense with their compliance" as it sees fit. The timing of the public hearing is not known; however, the Review Panel will provide 60 days' notice before it commences.

One concern that Delta has raised previously (during the Review Panel orientation sessions in 2016} is that, despite being the host municipality for the project, the City of Delta is treated the same as any other participant in the public hearing process. This means that Delta will be limited to 20 minutes to present to the Panel on a wide range of community-related issues.

Indigenous peoples have an opportunity to be heard through a separate public hearing session. Since Delta and Tsawwassen First Nation will be the communities most directly impacted by the construction and operation of RBT2, there should be an opportunity for the City of Delta to address the Review Panel, similar to the Community Public Hearing sessions that are being held for Indigenous peoples, to ensure the concerns of the host community on a variety of issues are heard and mitigation options considered.

City of Delta 4500 Clarence Tayl or Cresce nt ,._ "' --;.. 't- Delta, BC V4K 3E2 604.946.4141 www.delta.ca ATTACHMENT 'C' Page 20 of 20 Roberts Bank Terminal 2 Project

Attachment C: Comments on Supplementary Information (received after July 6, 2018)

Community Noise Impacts:

Stringent standards for noise prevention and mitigation must be applied during the construction of RBT2, should it be approved, including the development of a communications strategy to forewarn local residents who may be impacted by unavoidable construction noise, particularly during night-times, weekends or statutory holidays.

The City of Delta must be consulted with respect to the development of noise monitoring and mitigation plans for the RBT2 project.

VFPA should be encouraged to develop policies to proactively address community noise disturbance from port operations, including incentive programs for ships to use shore power or quieter engines.

Bird Collisions:

Mitigation for bird collisions should include the erection of a vegetative barrier along the causeway or other measures to compel birds to fly higher over the causeway.

Uncertainty Regarding Impacts on Critical Habitat and Endangered Species

Based on the most recent response from Environment & Climate Change Canada, Delta remains very concerned about the potential impacts of RBT2 on biofilm and associated impacts to migratory bird populations.

George Massey Tunnel

On December 17, 2018, the BC government released the recommendations of an independent technical review of the George Massey Crossing. As a result, it looks likely that work will not proceed on improving the crossing until after a new business case is completed in fall 2020, which means a solution is unlikely to be in place before 2030. Clearly, a ·development on the scale of RBT2, which will double container truck movements through Delta, must not be allowed to proceed until the tunnel bottleneck is resolved, and it is recommended that the Review Panel be requested to ensure that any approval of RBT2 is contingent upon the resolution of traffic congestion at the George Massey Tunnel in Delta.

City of Delta 4500 Clarence Taylor Crescent :( ( "-""'~ . , 1; Delta, BC V4K 3E2 ~ - 604.946.4141 www.delta .ca