Notice of approval

Proponent: The Corporation of the City of Windsor
Environmental assessment file number: MU-0201-01

Take notice that the period for requiring a hearing, provided for in the Notice of Acceptance of the Environmental Assessment for the undertaking, expired on July 19, 1996. Two submissions requiring a hearing by the Environmental Assessment Board with respect to approval to proceed with the undertaking were received.

Having considered the purpose of the Act, the Environmental Assessment (EA) of the undertaking as accepted and the submissions received, I have determined that a hearing is unnecessary and I hereby give approval to proceed with the undertaking, subject to the following terms and Conditions:

  1. Except as otherwise provided by these conditions, the undertaking shall be carried out in accordance with the provisions of the EA as amended and accepted which are incorporated herein by reference.
  2. The terms and conditions are severable such that, if any term or condition, or any part or parts thereof, should be held by a Court of competent jurisdiction to be invalid, the remainder of this approval shall not be affected and shall be implemented according to those terms and conditions, or the parts thereof, that are valid.

Fisheries and fish habitat

  1. Harmful alteration, disruption or destruction of fish habitat will require authorization pursuant to subsection 35(2) of the federal Fisheries Act. The Corporation of the City of Windsor (Windsor) shall continue to review the Fish Habitat Compensation Agreement with Ministry of Natural Resources (MNR) and the Department of Fisheries and Oceans (DFO). Authorization under sub-section 35(2), if required, shall be obtained prior to any in-water construction commencing.
  2. During construction and operation of the marina, Windsor shall avoid adversely affecting downstream habitat and water users or take appropriate preventative action.

Noise

  1. Windsor shall undertake a noise level audit of the marina within the first year of full operation of the marina. Where noise level on nearby residences generated by boating activity in and around the marina in any one hour exceeds the background road traffic noise levels on nearby residences by more than 5dB, Windsor shall apply additional noise controls measures that are to the satisfaction of the Director, Approvals Branch of the Ministry of Environment and Energy (MOEE) in order to reduce the impact to within the above mentioned limits.

Water levels

  1. Prior to commencement of any in-water construction Windsor shall prepare detailed plans that identify specific mitigation measures, and appropriate maintenance programs to mitigate the impacts of constructing and operating the Windsor marina on the Detroit River and Lake St. Clair water levels. This plan will be circulated to the Department of Environment (DOE) and Essex Region Conservation Authority (ERCA). In-water construction may not commence until the City has received written approval of this plan from the above-mentioned agencies.

Navigation

  1. Windsor shall secure any approvals that may be required under the Navigable Waters Protection Act prior to any in-water construction.

Soils

  1. Windsor shall provide a minimum 30cm cap of clean material on the parkland. The clean material may be comprised of dredged sediment if the sediment proves to be suitable for such purpose and/or other clean fill material as required.

  2. Windsor shall undertake a soil sampling program as part of a monitoring plan to determine whether materials of concern are surfacing at the site. The monitoring plan including contingency planning details shall be submitted to the Director, Southwest Region of the MOEE for approval, at least 45 days prior to construction on site. Sampling results and recommended actions shall also be submitted for review to the Director, Southwest Region of the MOEE.

Public safety

  1. Windsor shall obtain approval and satisfy reasonable concerns expressed by the Windsor Police Department and the Windsor Fire Department relating to public safety and security matters prior to construction on site.
  2. An Emergency Plan for the Windsor Marina will be developed in conjunction with the Windsor Police and Fire Departments prior to commencement of construction on site.

Dredging

  1. Windsor shall prepare a Dredging Plan for all construction related dredging in consultation with MOEE and ERCA, DOE, DFO and MNR. The Dredging Plan will outline the proposed dredging technique and implementation details, including disposal of dredged material from the site. The Dredging Plan must be submitted for review to the satisfaction of ERCA, and to the Director, Southwest Region of the MOEE at least 45 days prior to in-water construction.

Combined sewer overflow

  1. The works proposed within the marina site with respect to the realignment of the combined sewer overflow will be re-evaluated by Windsor after construction of all proposed works including the combined sewer overflow (CSO) in consideration of the conclusions and recommendations of the Windsor Riverfront Pollution Control Study.

Spills/leaks

  1. A contingency plan for containing potential spills/leaks shall be formulated by Windsor before construction. This contingency plan is to be submitted for review and to the satisfaction of the Director, Southwest Region of the MOEE at least 45 days prior to in-water construction.

Wood dock maintenance

  1. If wood docks are installed, Windsor shall prepare an operations procedure outlining the preservatives to be used and the method of application. This operations procedure is to be submitted for review to the satisfaction of the Director, Southwest Region of the MOEE at least 45 days prior to in-water construction.

Erosion

  1. A siltation control and erosion protection plan for both water and land during construction is to be submitted for review to the satisfaction of the Director, Southwest Region of the MOEE at least 45 days prior to construction.

Stormwater management

  1. The final stormwater plan including proposed construction procedures for the stormwater outlet particularly with respect to backfill and excess material shall be submitted for review to the satisfaction of the Director, Southwest Region of the MOEE at least 45 days prior to construction.

Shoreline rehabilitation

  1. The final details with respect of the shoreline rehabilitation plan, including measures for the protection of surface water quality during shoreline construction shall be submitted for review to the satisfaction of the Director, Southwest Region of the MOEE at least 45 days prior to construction.

Construction techniques

  1. A plan outlining proposed marine construction techniques for the wave barriers, piers, dolphins and floating docks shall be submitted for review to the satisfaction of the Director, Southwest Region of the MOEE at least 45 days prior to in-water construction.

Air quality

  1. Windsor shall apply dust suppression techniques during construction as required so as not to adversely impact residents down-wind of the site.
  2. Windsor shall undertake an odour survey of the marina within the first full year of operation of the marina and will forward the results of the survey to the Director of the Southwest Region of the MOEE. If the survey shows odour to be a concern, Windsor shall provide mitigation measures that will reduce odour to the satisfaction of the Director of the Southwest Region of the MOEE.
  3. In the event that a ferry service is implemented, the number of ferries at the marina shall not exceed twice the number of ferries that was used in the EA to model pollutant emissions unless a plan or operations procedure has been submitted to the satisfaction of the Director demonstrating that the air emissions will not exceed a level satisfactory to the Director.

General note

It should be noted that where a condition of this approval requires a plan or operations procedure to be submitted to the satisfaction of a Director, in order to satisfy the condition, the Director must have filed in the Public Record a notice in writing to the proponent indicating that the Director is satisfied that the proponent has adequately addressed the matter. Construction shall not commence until all notices of satisfaction have been filed. In determining whether the matter has been adequately addressed, the Director shall consider whether or not potential adverse effects have been avoided or sufficiently minimized. The proponent’s responsibility to carry out this undertaking in an environmentally sound manner with no adverse impacts on the environment other than those specified is not reduced by the Director giving such notice of satisfaction. The proponent shall carry out the undertaking in accordance with the plans or operation procedure, with such amendments as agreed from time to time by the Director.

Reasons

My reasons for giving approval are:

  1. On the basis of the proponent’s Environmental Assessment and the Review the submissions received, the proponent’s conclusion that, on balance, the advantages of this undertaking outweigh its disadvantages appears to be valid.
  2. No other more beneficial alternative method of implementing the undertaking was identified.
  3. On the basis of the proponent’s Environmental Assessment, the review and the conditions of approval, the construction, operation and maintenance of the undertaking will be consistent with the purpose of the Act (section 2).

Dated the 6th day of November, 1996 at Toronto

Original signed by:
Minister of Environment and Energy
135 St. Clair Avenue West, 12th floor
Toronto, Ontario
M4V 1P5