Declaration order

Having received a request from the Township of Edwardsburgh/Cardinal that an Undertaking, namely:

The expansion and rehabilitation of the Port of Prescott, including the construction of a new wharf, the rehabilitation of the existing wharf, the development of approximately 2.5 hectares of Port of Prescott land for future bulk material storage, and ancillary activities

be declared not subject to Part II of the Environmental Assessment Act (Act) pursuant to clause 3.2(1)(a) of the Act; and

Having been advised by the Township of Edwardsburgh/Cardinal that if the Undertaking is subject to the application of the Act, the following injury, damage or interference with the persons and property indicated will occur:

  1. Delaying the construction of the new wharf would result in the prolonged use of the failing main wharf, increasing the risk of the main wharf collapsing. Should the Port of Prescott’s main wharf collapse, salt may be deposited into the Saint Lawrence River. It is likely that the salt plume that would be generated in the river would be immediate, extensive, would migrate downriver and impact freshwater aquatic species. lt is also likely that aquatic vegetation along the shoreline and any shore water supply wells or municipal water intakes that were present within the impact zone would be affected.
  2. A collapse of the main wharf could lead to the Port of Prescott’s closure. The impacts of the Port of Prescott’s closure would include the loss of grain storage facilities for the eastern Ontario agricultural community and the social cost of transporting road salt by truck as an alternative to the Port of Prescott.
  3. The Township of Edwardsburgh/Cardinal has secured funding for the Undertaking from both the federal and provincial government through the Building Canada Fund. Delaying the Undertaking through carrying out an individual environmental assessment could jeopardize this funding as the funding is conditional on the Undertaking being completed by March 31, 2016. Construction of the Undertaking will take approximately five years.

Having weighed such injury, damage, or interference against the betterment of the people of the whole or any part of Ontario by the protection, conservation and wise management in Ontario of the environment which would result from the undertaking being subject to the application of the Act;

The undersigned is of the opinion that it is in the public interest to declare and declares that the undertaking is not subject to the application of the Act for the following reason(s):

  1. The Undertaking would allow the Port of Prescott to remain operational. It is the only remaining port between Toronto and Montreal, and serves eastern Ontario and the Ottawa region. The Undertaking would provide important social and economic benefits to the Township of Edwardsburgh/Cardinal and the rest of Ontario through the continued provision of road salt for road and highway safety within eastern Ontario and the province of Quebec, as well as the grain storage facilities for the eastern Ontario agricultural community, as well as other commercial uses.
  2. Notice of the proposal to issue this order has been placed on Environmental Bill of Rights, 1993 Environmental Registry for public comment; no comments were received in response to the proposal. However, comments from government reviewers, Aboriginal communities, and the public were considered in preparation of this order.
  3. The Undertaking would allow the Township to minimize potential impacts of the Port of Prescott’s daily operations on the natural environment by moving salt storage operations away from the failing main wharf, towards the proposed new wharf, reducing the risk of salt entering the Saint Lawrence River.

Conditions

This Declaration Order is subject to the following terms and conditions:

For the Purposes of these conditions:

proponent
means the Township of Edwardsburgh/Cardinal.
Director
means the Director of the Environmental Assessment and Approvals Branch of the Ministry of the Environment.

General

  1. The Declaration Order shall apply to the Port of Prescott, located on lands legally described as:

    PT LT 31-35 CON 1 Edwardsburgh; PT RDAL BTN LT 30 and LT 31 CON 1 Edwardsburgh; PT the bed of the St. Lawrence River; PT GORE in front of PARKLT 2 AND PARKLT 3 first tier W of town PL 6 Johnstown; PT GORE in front of PARKLT 4 first tier W of town PL 6 Johnstown; PT crown reserve S/S Water St. lying opposite LT 20, LT 21 and LT 22 and Ernest Stand PARKLT 1 PL 6 Johnstown PT 1 & 2, 15R9669, PT 1 & 2, 15R9897 except PT 3 & 4, EPL157, T/W PR151011; Edwardsburgh/Cardinal
  2. Where any activity which under this order would be declared not subject to the Act, is being carried out as, or is part of, an Undertaking for which an environmental assessment has been accepted and approval to proceed received, the activity shall be carried out in accordance with any terms and conditions in the approval to proceed as well as the conditions of this order.
  3. Where any activity which is the subject of this order, is being carried out as, or is part of, another undertaking which is the subject of a declaration or exemption order under the Act, the activity exempt under this order shall be carried out in accordance with any terms and conditions in the other declaration or exemption order as well as the conditions in this order.
  4. The proponent shall obtain all necessary Ministry of the Environment approvals prior to construction.

Construction

  1. The proponent shall implement the Undertaking in accordance with the Runoff Management Plan, as outlined in the document titled Salt Management Plan, prepared by wesa Incorporated and dated December 17, 2009.
  2. The proponent shall implement the Undertaking in accordance with Aquatic Species Removal Plan Prior/During Construction Works Version 2.1, prepared by South Nation Conservation, and dated August 26, 2010.
  3. Prior to construction the proponent shall install hydraulic flow measuring devices at three locations in Johnstown Bay, in. consultation with the Kemptville District of the Ministry of Natural Resources.
  4. Using the hydraulic flow measuring devices described in Condition 7, the proponent shall measure the pre- and post-construction hydraulic flows in Johnstown Bay, and shall provide the results of this study to the Area Supervisor, Kemptville District, Ministry of Natural Resources.
  5. During the construction of the Undertaking, if the proponent identifies a new species of flora or fauna that has not already been identified in the document titled Request for Declaration Order, Proposed Port of Prescott Expansion, Rehabilitation and Future Development Area, dated March 2010, and if the Undertaking may have a negative effect on the species, the proponent shall, in consultation with the Kemptville District of the Ministry of Natural Resources, and any other directly affected agencies and other interested and effected parties, determine the responses, if any, that would prevent, change, mitigate or remedy the negative effect.
  6. The proponent shall implement any responses identified pursuant to Condition 9.

Archaeology

  1. The proponent shall ensure that a stage one archaeological assessment is conducted with respect to any portions of the site identified in Condition 1 that will be disturbed by the Undertaking.
  2. If the stage one archaeological assessment undertaken pursuant to Condition 11 recommends that a stage two archaeological assessment be completed, the proponent shall ensure that a stage two archaeological assessment is completed.
  3. The proponent shall provide to the Huron-Wendat Nation copies of any archaeological assessments conducted as part of the Undertaking, before any land-disturbing activities take place.
  4. The proponent shall notify the Huron-Wendat Nation if it discovers archaeological resources of Aboriginal origin during construction of the Undertaking.

Reporting

  1. One year from the date of the issuance of this Declaration Order, and each year thereafter until the Undertaking has been completed, the proponent shall prepare and submit to the Director a Compliance Report which describes compliance with the conditions of this Declaration Order, Once all conditions in this Declaration Order have been satisfied, the proponent shall indicate in its annual Compliance Report that the Compliance Report is its final Compliance Report and that all conditions in this Declaration Order have been satisfied.

Dated the 6th day of October, 2010 at Toronto

Original signed by
Minister of the Environment

Approved by O.C. number 1426/2010
Date O.C. approved: October 20, 2010
Environmental assessment file number: EA04-04-01