The Corporation of Delta F.10 COUNCIL REPORT Regular Meeting l " To: Mayor and Council From: Human Resources and Corporate Planning Department Date: November 02,2015 Port Metro Vancouver Tsawwassen Eelgrass Restoration Project The following report has been reviewed and endorsed by the Chief Administrative Officer. • RECOMMENDATIONS: A. THAT a letter from Mayor Lois E. Jackson be sent to the BC Environmental Assessment Office conveying Delta's comments relating to the exemption request for the proposed Tsawwassen Eelgrass Restoration Project including: a. A request that the BC Environmental Assessment Office ensure there is a thorough public and stakeholder consultation process, as outlined in Port Metro Vancouver's project proposal; and b. A request that the environmental reports related to the construction and monitoring of the Tsawwassen Eelgrass Project be provided to the Corporation of Delta for review and information. B. THAT this report be sent to Scott Hamilton, Member of the Legislative Assembly - Delta North and Vicki Huntington, Member of the Legislative Assembly - Delta South. C. THAT th,is report be provided to the Environment Advisory Committee. • PURPOSE: The purpose of this report is to provide an update on Port Metro Vancouver's Habitat Enhancement Program and information about the Tsawwassen Eelgrass Habitat Restoration Project which is part of the Habitat Enhancement Program. • BACKGROUND: I ! "I Port Metro Vancouver's Habitat Enhancement Program creates and enhances fish and wildlife habitat throughout the lower mainland. These restoration projects are completed in order to improve the organization's ability to offset the potential impacts of port development. The program started in 1991, was formalized in 2012 through a working agreement with Fisheries and Oceans Canada, and takes place independently of any specific port related resource/infrastructure development projects. Page 2 of 4 Port Metro Vancouver Tsawwassen Eelgrass Restoration Project November 02, 2015 Two Port Metro Vancouver restoration projects have taken place in Delta, the Boundary Bay/Roberts Bank salt marsh restoration project (2013-2014) and the Glenrose Tidal Marsh restoration project (2014). A third Delta based restoration project, the Westham Island Canoe Pass Tidal Marsh restoration project, has been proposed by Port Metro Vancouver and is being reviewed by stakeholders and permitting agencies. Information about this project was communicated to Council June 11,2014 and October 1,2014. Recently, Port Metro Vancouver proposed four new projects as part of the Habitat Enhancement Program (Attachment A). One of the projects occurs partly within Delta's municipal boundary and is located along the southeast side of the BC Ferries terminal, adjacent to (and outside) the Roberts Bank Wildlife Management Area. The project, the Tsawwassen Eelgrass Project (Attachment B), aims to create 4.8 ha of subtidal eelgrass habitat over three distinct sites. II DISCUSSION: The Tsawwassen Eelgrass Project will create three new eelgrass sites by filling in old· Tsawwassen Ferry terminal dredge sites to an elevation that supports native eelgrass for the benefit of salmon ids and invertebrates. The project's design is based on consultation with Fisheries and Oceans Canada, marine biologists and other experts. The Tsawwassen project will duplicate restoration techniques used as part of a 2008 eelgrass compensation project which was completed southeast of the BC Ferry terminal as part of the Vancouver Island Transmission Reinforcement project. The 2008 eelgrass project was monitored in 2009, 2010 and 2011. In 2011 monitoring efforts concluded that eelgrass shoots had proliferated three times the number that had been planted meeting the success criteria as set by Fisheries and Oceans Canada. Native eelgrass will be collected from nearby sites based on Fisheries and Oceans Canada recommendations and planted onto the new sites over two years after the new fill has settled. Both the eelgrass borrow sites and new sites will be monitored post construction. All sites occur in Southern Resident Killer Whale critical habitat. Construction is planned to occur within the least risk work window for Southern Resident Killer Whale and best management practices will be utilized to prevent impacts to the environment and/or other wildlife. Historically, as of 1959, eelgrass coverage in Roberts Bank was 386.2 ha. Today, it is estimated that eelgrass habitat has shrunk by 18%. The new 4.8 ha of eelgrass habitat will represent less than a 1% gain in total habitat coverage. The new eelgrass sites will occur on Crown land 1,600 m from the nearest residential home and adjacent to the navigable channel that occurs along the east side of the BC Ferries Terminal. Construction is slated to begin in mid 2016 by barge and conclude in January 2017. The proposed project works do not involve dredging, pile driving or other loud underwater activities. Clean rip rap will be used to construct containment walls and native sand will be used to fill the old dredge sites. One of the sites occurs adjacent to a 2008 eelgrass compensation project that was completed as part of compensation works associated with the Vancouver Island Transmission Reinforcement project. Page 3 of 4 Port Metro Vancouver Tsawwassen Eelgrass Restoration Project November 02,2015 Consultation with First Nation stakeholders, committees like the Port Community Liaison Committee and other agencies about the project has been initiated. The project is not subject to the Canadian Environmental Assessment Act as the project does not fall under the Act's definition of a "designated project". The BC Environmental Assessment Office has confirmed that the Tsawwassen Eelgrass Project and the three other projects are reviewable under the BC Environmental Assessment Act since the project involves the disturbance of greater than 2 hectares of submerged land which is the threshold for requiring review under the Act. Port Metro Vancouver has requested that the BC Environmental Assessment Office exempt the four proposed projects under Section 10(1 )(b) of the Be Environmental Assessment Act. The rationale for the exemption request is that the projects develop and improve fish and wildlife habitat in such a way that they will not likely result in "significant adverse environmental, social, economic, health or heritage effects". A similar request was made by Port Metro Vancouver regarding the Westham Island Canoe Pass Tidal Marsh restoration project in 2014 and an exemption was granted to Port Metro Vancouver by the BC Environmental Assessment Office. Staff support the Tsawwassen Eelgrass project as proposed as it aims to improve impacted non-functioning subtidal habitat and replicates a successful design, e.g. as demonstrated by the 2008 Vancouver Island Transmission Reinforcement eelgrass restoration project. Since Port Metro Vancouver has selected to make an application for exemption under the Act the BC Environmental Assessment Office must still undertake public consultation and coordinate meetings with local governments, agencies, First Nations, and the Proponent to discuss mechanisms to address issues raised by stakeholders before issuing the exemption and accordingly is seeking comments from Delta. Staff suggest that the BC Environmental Assessment Office requested to ensure there is a thorough public and stakeholder consultation process, as outlined in the proponent's project proposal (Attachment B, page 29), related to the proposed project if an exemption from the requirement to conduct a formal environmental assessment is granted. The environmental reports related to the construction and monitoring of the Tsawwassen Eelgrass Project should also be forwarded onto the Corporation of Delta for review and information. It is recommended that a letter be provided from Mayor Lois E. Jackson to the BC Environmental Assessment Office conveying the above comments on Port Metro Vancouver's exemption request. Implications: Financial Implications - There are no financial implications associated with this report. Page 4 of 4 Port Metro Vancouver Tsawwassen Eelgra ss Restoration Project November 02,2015 CONCLUSION: The Tsawwassen Eelgrass Project's purpose is to improve th e natural environment without causing significant adverse. effects. Th erefore an exemption from the requirement to complete a form al environmental assessment is being sought by Port Metro Vancouver. Staff recommend th at th e BC Environmental Assessment Office be r ~ qu es t e d to ensure there is a thorough publiq and stakeholder con sultation process related to the proposed project if an exemption is provided. ~ ill Director of Human Resources and Corporate Planning Departm ent submission prepared by: Angela Danyluk MSc., RPBio., Senior Environmental Officer and Mike Brotherston, Manager of Climate Action .and Environment This report has been prepared in consultation with the following li sted departm ents. Concurring Departm ents Departm ent Name Signature Office of Climate Action and Mike Broth erston Environment ~ • ATTACHMENTS: A. Letter from Port Metro Vancouver to the BC Environmental Assessment Office B. Tsawwassen Eelgrass Project report Attachment A Page 1 of 2 July 31, 2015 BC Environmental Assessment Office 2nd Floor 836 Yates Street PO Box 9426 Stn Prov Govt Victoria, BC V8W 9V1 Attn: Chris Hamilton, Executive Project Director Re: Exemption Requests for Four Proposed Habitat Enhancement Program Proiects: Point Grey Tidal Marsh Proiect; South Arm Jetty Tidal Marsh