Environmental Assessment Act R.S.O. 1990, Subsection 7(1)

This Review is subject to the provisions of Ontario Regulation 616/98 which sets out a deadline for the completion of this document. The deadline for the completion of the Ministry Review was October 11, 2013. This paragraph and the giving of the Notice of Completion are the notices required by subsection 7(3) of the Environmental Assessment Act (Act). The Ministry Review documents the Ministry’s evaluation of the Environmental Assessment and takes the comments of the government agencies, the public and Aboriginal communities into consideration.

Executive summary

Who

The City of Quinte West

What

Ministry Review of an Environmental Assessment (EA) for the proposed undertaking which includes: the construction and operation of a new municipal marina. The marina will include:

  • 380 boat slips
  • a floating breakwater system
  • a floating dock arrangement with concrete anchors
  • a combination of hard and natural shoreline treatments

When

The EA submitted was formally submitted on June 14, 2013. The Ministry Review comment period will commence on October 25, 2013 and conclude on November 29, 2013.

Where

The proposed undertaking will be located at Bayshore Park, on the west side of the Trent River estuary, adjacent and directly accessible to Trenton’s downtown core.

Why

The City of Quinte West initiated the process to determine an appropriate location to situate and develop a new municipal marina facility near the entrance of the Trent-Severn Waterway. The proposed undertaking is a continuation of efforts by the City to promote the retention and use of waterfront lands for public access and the enhancement of existing ecological and fish habitat within the Trent River estuary.

Conclusions

The Ministry Review concludes that the EA was prepared in accordance with the approved Terms of Reference (ToR) and contained sufficient information to assess the potential environmental effects of the proposed undertaking.

Environmental Assessment Process

Environmental assessment (EA) is a proponent driven planning process that is designed to incorporate the consideration of the environment into decision-making by assessing the effects of an undertaking on the environment. In Ontario, the Environmental Assessment Act (EAA) sets out the general requirements for the preparation of an EA, as well as the Ministry of the Environment’s evaluation process. For those proponents and undertakings subject the EAA, approval under the EAA is required before the undertaking can proceed.

Proponents address a wide range of potential effects on the natural, social, cultural and economic environments to ensure the protection, conservation and wise management of the environment. An EA determines, on the basis of the environmental effects, if an undertaking should proceed, and if so, how environmental effects can be managed.

EAs may identify a problem or opportunity, consider alternative ways of addressing the problem or opportunity, evaluate the environmental effects of the alternatives and select a preferred undertaking from the alternatives. The proponent must consider actions to avoid, reduce and mitigate potential environmental effects. In preparing the EA, the proponent completes various studies and consults with interested stakeholders including government agencies, the public and affected Aboriginal communities to evaluate the alternatives and determine the preferred undertaking. Should an undertaking be approved, the proponent will be required to monitor in order to demonstrate compliance with standards, regulations and the EAA approval.

1.1 Terms of reference

Preparing an EA is a two-step application to the Minister of the Environment. The first step requires the proponent to prepare and submit a ToR to the Ministry of the Environment (Ministry) for review and a decision. A ToR is the proposed work plan or framework for how an EA will be prepared.

On April 4, 2012, the Minister of the Environment approved the City of Quinte West’s ToR for a proposed new municipal marina. The ToR set forthe how the City would assess alternatives; assess the environmental effects; and, consult with the public during the preparation of an EA.

1.2 Environmental assessment

Once the ToR is approved by the Minister, the proponent can proceed to the second step of the EA process, which is undertaking the preparation of an EA. The EA must be prepared in accordance with the approved ToR, and the requirements of the EAA. Once the proponent has completed the EA, including consultation, the EA is formally submitted to the Ministry for a decision.

On June 21, 2013, the City of Quinte West formally submitted an EA to the Ministry. Approval is being sought for the construction and operation of a municipal marina consisting of 380 boat slips; a floating breakwater system; a floating dock arrangement with concrete anchors; and, a combination of hard and natural shoreline treatments. The EA comment period ended on August 11, 2013.

1.3 Ministry review

Upon formal submission, the EA was circulated for review to a Government Review Team (GRT). The GRT, including federal, provincial and local agencies, reviewed the EA to ensure that the information and conclusions of the EA were valid, based on their agencies' mandates. Interested members of the public and Aboriginal communities also had an opportunity to review the EA and submit their comments to the Ministry. All comments received by the Ministry are considered by the Minister of the Environment before a decision is made about the EA undertaking.

The EAA requires the Ministry to prepare a review of the EA, known simply as the Ministry Review (Review). The Review is the Ministry’s evaluation of the EA. The purpose of the Review is to determine if the EA has been prepared in accordance with the approved ToR and the requirements of the EAA, and whether the evaluation in the EA is sufficient to allow the Minister to make a decision about the proposed undertaking.

The Review outlines whether the information contained in the EA supports the recommendations and conclusions for the selection of the proposed undertaking. Ministry staff, with input from the GRT, evaluated the technical merits of the proposed undertaking, including the anticipated environmental effects and the proposed mitigation measures. The Review also provides an overview and analysis of the public, agency and Aboriginal community comments on the EA and the proposed undertaking.

The Minister of the Environment will consider the conclusion of the Review when making a decision about the EA; however, the Review itself is not the EA decision making mechanism. The Minister’s decision will be made following the conclusion of the five week comment period on the Review. The Minister’s decision is subject to the approval of the Lieutenant Governor in Council.

The Review comment period allows interested members of the public, government agencies and Aboriginal communities to see how their concerns with the EA, and the proposed undertaking, have been considered. During the Review comment period, anyone can submit comments on the EA, the undertaking and the Review to the Ministry of the Environment. In addition, anyone can request that the Minister of the Environment refer the EA, or any matter relating to the EA, to the Environmental Review Tribunal for a hearing if they believe that there are significant outstanding environmental effects that the EA has not addressed. Requests for a hearing can only be made during this comment period. The Minister will consider all requests and determine if a hearing is necessary.

A Notice of Completion of this Review was published in local newspapers indicating that the Review has been completed and is available for a five-week comment period from October 25, 2013 to November 29, 2013. Copies of the Review have been placed in the same public record locations where the EA was available, and copies have been distributed to members of the GRT and potentially affected or interested Aboriginal communities. No members of the public commented during the EA comment period.

The proposed undertaking

The proposed undertaking is the construction and operation of a new municipal marina located adjacent to Bayshore Park at the mouthe of the Trent River on the north shore of the Bay of Quinte (Figure 1). Specifically, the City of Quinte West is seeking approval for:

  • The establishment of a marina basin, approximately 40,000 square meters in size and with an elevation of 72.2 meters, through the dredging of approximately 26,000 cubic meters of material.
  • The implementation of floating breakwaters along the perimeter of the marina basin to reduce the wave height and shelter the basin. The proposed profile of a floating breakwater is between 4 to 6 meters wide and 2 meters high, with approximately one third of the height of the breakwater exposed above water and two thirds of the height submerged below the water line.
  • The creation of floating docks with concrete anchors to accommodate up to 380 boat slips. The docks are to be constructed with a steel or aluminum frame with steel or plastic floats and timber or plastic decking. The docks are held in place by chains or cables attached to concrete anchors that sit on the lake bottom.
  • The implementation of natural and hard shoreline treatments to improve accessibility to the waterfront and recreational uses along the shoreline and the adjacent park. Currently, the shoreline along Bayshore Park is protected with randomly placed concrete rubble and stone.
  • The realignment of an existing soccer field and the creation of 600 meters of new waterfront trail that will link the existing Loyalist Parkway Trail to the downtown core of Trenton via a continuous trail through linked public spaces, parkland and a connection to the Trent River waterfront trail.
  • The conceptual design for a marina building and facilities, which is to include a marina office, showers, washrooms and meeting rooms.

Should approval under the EAA be granted, the City of Quinte West intends to immediately finalize the detailed design for the proposed marina development. The final detailed design will be based on the design criteria and mitigation measures set forthe in the EA, and any conditions of approval that may be imposed should the undertaking be approved.

It is anticipated that the final detailed design of the proposed undertaking, and the obtaining of all required post approval permits, can be completed within four months from the date of a decision on the EA. This includes the preparation of a final detailed design report that will be used in the tendering process to obtain a qualified marine contractor to construct the proposed undertaking. Construction is estimated to be completed within five months. Given the proposed schedule, it is expected that the undertaking can be implemented and operational by summer 2014.

At the present time, the proposed location for the new municipal marina is located on private land. The City of Quinte West has entered into an agreement with the owner of the land for a long term lease of the property. The details of the lease agreement have been negotiated and are to be finalized should approval for the undertaking be granted.

A preliminary estimate of the capital cost for constructing the proposed marina is $12,500,000. On May 25th, 2011 the Province of Ontario announced partial funding for a proposed marina development under the Special Assistance Grant programme for capital infrastructure projects, administered by the Ministry of Municipal Affairs and Housing. In announcing the funding decision the Province indicated the following rationale for the financial assistance:

  • The project is an important part of the Quinte West economic development strategy and would help stimulate the local economy for the municipality, as well as other communities along the Trent Severn Waterway system
  • Investment in local infrastructure will create jobs, support local businesses, grow local economies, and maintain the strengthe and competitiveness of the Province
  • Investment in infrastructure rebuilds communities, creates prosperity, and improves quality of life

The partial funding portion announced by the Province amounts to $4 million, which is to be provided over three fiscal years, and is contingent upon the City of Quinte West obtaining approval for the undertaking under the EAA.

It is anticipated that the operation of the undertaking will continue indefinitely, with the operational life expectancy of the undertaking subject to the mandate of the City of Quinte West. Should the City decide to cease operations of the marina, the facility will be decommissioned and the marina site will be returned to existing conditions.

If EAA approval is granted, the implementation and operation of the proposed undertaking will be completed in accordance with the terms and provisions outlined in the EA; any proposed conditions of approval; and will include the details outlined above. In addition, the City of Quinte West must still obtain all other legislative approvals it may require for the undertaking.

Figure 1: City of Quinte West’s Environmental Assessment for a Proposed Municipal Marina

Please contact EAASIBGen@ontario.ca for a copy of this figure.

Figure 2: City of Quinte West’s Environmental Assessment Study Area

Please contact EAASIBGen@ontario.ca for a copy of this figure.

Results of the ministry review

The Review provides the analysis of the EA. The Review is not intended to summarize the EA, nor present the information found in the EA. For information on the decision making process, refer to the EA itself. The EA and supporting documentation outlines the EA planning process and demonstrates how the proponent has selected the preferred undertaking and made the final decision.

3.1 Conformance with ToR and EAA

3.1.1 Ministry analysis

The Ministry coordinated an analysis of the EA that, in part, looked at whether the requirements of the ToR have been met. The Ministry has concluded that the City of Quinte West has prepared the EA in accordance with the framework set out in the approved ToR, that the EA has sufficiently addressed the commitments made in the ToR, and that the EA clearly demonstrates how the requirements of the EAA have been met.

Appendix A of this Review summarizes this analysis and identifies how the ToR requirements have been addressed in the EA.

3.1.2 Consultation

One of the key requirements of the EAA is pre-submission consultation completed during the preparation of the EA. This consultation is the responsibility of the proponent and must be taken prior to the submission of the EA and in accordance with the consultation plan outlined in the ToR.

During the preparation of the EA, the City of Quinte West carried out an extensive consultation process. The purpose of which was to ensure that any issues or concerns from interested members of the public, Aboriginal communities and government agencies were identified and addressed in the EA. In accordance with the consultation commitments that were outlined in the approved ToR, the City of Quinte West carried out the following consultation methods during the preparation of the EA:

  • Establishing and maintaining a contact list of interested members of the public, Aboriginal communities and government agencies that expressed an interest in participating during the EA process or that had a mandate that may be potentially affected by the proposed undertaking
  • Providing project related information and updates throughout the EA process by way of a project web site, the publication of newsletters, written correspondence, and holding three Public Consultation Centres with open house format
  • Advertisements in local newspapers providing notice of formal project milestones, and consultation events
  • Maintaining a Record of Consultation documenting all issues or concerns that were raised during the preparation of the EA, and the responses to them
  • Interim reports to City Council and relevant Committees of Council
  • Government Agency meetings to discuss relevant issues and mandates
  • The circulation of a draft EA to for review and comment

The objective of the City of Quinte West’s consultation process was to ensure multiple opportunities for the exchange and review of information about the proposed undertaking with interested members of the public, Aboriginal communities and government agencies. This provided the City of Quinte West with an opportunity to engage and solicit feedback from anyone that may have an interest in undertaking or participating in the EA process.

In accordance with the requirements under Section 6(3) of the EAA, the City of Quinte West documented its consultation process in a Public Consultation Record, which provides a summary of the issues and concerns raised during the consultation process on the EA. The Public Consultation Record can be found in Appendix H of the EA.

The Ministry is satisfied that the level of consultation undertaken with the public, Aboriginal communities and government agencies was done so in accordance with Section 5.1 of the EAA; the directions and advice contained within the Ministry of the Environment’s Code of Practice: Consultation in Ontario’s Environmental Assessment Process; and, the consultation commitments made in the approved ToR. The Ministry is also satisfied that the EA adequately describes the consultation process and methods that that were undertaken during the preparation of the EA, and the outcomes of the various consultation activities.

Once an EA is formally submitted to the Ministry, additional Ministry driven consultation occurs during the EA comment period. Interested members of the public, government agencies and potentially affected Aboriginal communities are provided with the opportunity to review the EA and to submit comments to the Ministry on the EA itself and the proposed undertaking. The Ministry received a total of comments nine (9) comments during the formal inspection period on the EA. All comments received by the Ministry during the EA comment period were forwarded to the City of Quinte West for a response. Summaries of the all comments received along with the City’s responses are included in Tables 1-3 of this Review. Copies of the submissions are also available in Appendix B of this Review.

Government Review Team

During the preparation of the EA, the City of Quinte West engaged in consultation with members of the GRT. The purpose this consultation was to identify those regulatory and government agencies that may have a potential interest or mandate in the proposed undertaking; to identify any approvals or permit requirements administered under their respective jurisdictional authorities; and, to identify any potential concerns about the proposed undertaking. The City of Quinte West sought input from the members of the GRT through a variety of means including telephone calls, written and electronic correspondence and formal meetings. A summary of the consultation process carried out during the preparation of the EA with members of the GRT, the comments received and the City of Quinte West’s responses to them can be found in Section 8.0 of the EA.

Members of the GRT were also provided with an opportunity to review and comment on the EA during the seven week inspection period, which commenced with the formal submission of the EA on June 21, 2013. The inspection period was coordinated by the Ministry of the Environment, and members of the GRT were asked to provide any comment directly to the Ministry for consideration. All comments received by the Ministry were forwarded to the City of Quinte West for a response. A summary of the comments received and City’s responses can be found in Table 1 of this Review.

The Ministry of the Environment received a total of comments five (5) comments during the formal inspection period on the EA from members of the GRT. Comments were received from the Ministry of Natural Resources (MNR); Lower Trent Conservation Authority (LTCA); and, the Canadian Boarders Service Agency. The comments received included concerns related to the potential impacts on the natural environment from the construction of the proposed new municipal marina. The Ministry of the Environment’s Environmental Approvals Branch and Kingston Regional Office Technical Support Section also provided comments during the formal inspection period on the EA. The review of the EA by Ministry technical staff identified concerns related potential impacts to surface water and groundwater related to the construction of the proposed undertaking.

Summaries of the all comments received from members of the GRT, along with the City of Quinte West’s responses, can be found in Table 1 of this Review.

Public consultation

Members of the public, which includes the general public, communities, interest groups and property owners, were provided with several opportunities to participate and provide input during the preparation of the EA. The City of Quinte West carried out consultation with members of the public in a variety of ways, including: holding three Public Information Centres; written correspondence; newspaper notifications of EA milestones and consultation opportunities; and, posting information and materials to a project website. The objective of public consultation was to inform and seek input from interested members of the public on the EA process and the proposed undertaking. A summary of the consultation process carried out during the preparation of the EA with members of the public, the comments received and the City’s responses to them can be found in Section 8.0 of the EA.

Members of the public were also provided with an opportunity to review and comment on the EA during the seven week inspection period that commenced with the formal submission of the EA on June 21, 2013. The inspection period was coordinated by the Ministry and members of the public were asked to provide any comments directly to the Ministry for consideration. The Ministry did not receive any comments from interested members of the public during the formal inspection period on the EA.

Aboriginal community consultation

In addition to public and government agency consultation, the EAA requires that Aboriginal communities within the surrounding area of the proposed undertaking be consulted with during the pre-submission period. Aboriginal communities have special land and treaty rights that need to be considered.

During the preparation of the EA, the City of Quinte West contacted both the Ministry of Aboriginal Affairs and Aboriginal Affairs and northrn Development Canada. The purpose of which was to seek guidance in identifying those Aboriginal communities that may have an interest or be potentially impacted by the proposed undertaking, and should therefore be involved in the EA process. The following Aboriginal communities were identified as having a potential interest in the proposed undertaking:

  • Alderville First Nation
  • Hiawatha First Nation
  • Métis Nation of Ontario
  • Mohawks of the Bay of Quinte
  • Curve Lake First Nation
  • Mississaugas of Scugog Island
  • Kawartha Nishnawbe First Nation
  • Williams Treaty First Nation

The City of Quinte West initiated consultation with Aboriginal communities to establish appropriate contacts; confirm if an Aboriginal community may have an interest in the proposed undertaking; identify any potential claims or litigation actions that may be impacted by the project; and, to confirm a process for sharing information during the preparation of the EA.

Aboriginal communities were consulted at key milestones during the preparation of the EA, including the Notice of Commencement, Notification of Public Information Centres and the Notice of Completion. Each of the identified Aboriginal communities was sent an introductory letter and project information package, by registered mail at the beginning of the EA process, informing the community of the EA study and requesting their involvement. Aboriginal communities were formally invited, by way of letter, to attend each of the three Public Information Centres that were held during the preparation of the EA. The City of Quinte Wets also circulated a draft of the EA to Aboriginal communities for review and comment. Issues identified by Aboriginal communities during the preparation of the EA were noted and incorporated where appropriate in the EA document. A summary of the consultation process carried out during the preparation of the EA with Aboriginal communities, the comments received and the City’s responses to them can be found in Section 8.0 of the EA.

Aboriginal communities were also provided with an opportunity to review and comment on the EA during the seven week inspection period that commenced with the formal submission of the EA on June 21, 2013. The inspection period was coordinated by the Ministry of the Environment, and Aboriginal communities were asked to provide any comments directly to the Ministry for consideration. All comments received by the Ministry were forwarded to the City of Quinte West for a response. A summary of the comments received and City’s responses can be found in Table 3 of this Review.

The Ministry received one (1) comment from an Aboriginal community during the formal inspection period on the EA. Comments were received from the Curve Lake First Nation, indicating that the Aboriginal community had received the project information and had no comments.

At the conclusion of the the seven week inspection period on the EA, the Ministry of the Environment directed the City of Quinte West to contact each of the Aboriginal communities that were determined to have a potential interest in the proposed undertaking one final time. The purpose of which was to confirm that each community received the project information that was circulated as part of the City’s consultation process; and, to verify that those communities have no outstanding issues or concerns. Responses were received from the Alderville First Nation and the Mohawks of the Bay of Quinte. both communities requested additional time to review the EA in order to confirm whether they may have an interest in or be potentially impacted by the proposed undertaking.

As required under the Deadlines Regulation (Ontario Regulation 616/98) the evaluation of an EA is subject to regulated timelines. The Ministry is required to prepare a Review of an EA five weeks from the conclusion on the EA inspection period; however, the Director of the Ministry’s Environmental Approvals Branch has the authority under Section 7(3) of the EAA to extend the deadline for completion of the Review. An extension is intended to allow a proponent to take additional time to resolve any outstanding issues before the publication of the Review.

On August 15, 2013 the City of Quinte West requested an extension to the deadline for the completion of the Review. The deadline for the completion of the Review was extended to October 11, 2013 in order to provide additional time to the Alderville First Nation and the Mohawks of the Bay of Quinte to review and comment on the EA.

During the extended review period, comments were received from the Alderville First Nation and the Mohawks of the Bay of Quinte about the potential for Aboriginal archeological resources discoveries during the construction of the proposed undertaking and the potential impacts to the natural environment from construction and operation of the undertaking. In particular, the Mohawks of the Bay of Quinte expressed a concern about potential impacts to Sturgeon and Walleye Habitat; and, the need to consider replacing or restoring any fish and aquatic habitat that may be altered during construction.

In response the City of Quinte West committed to undertaking a Stage 2 Archaeological Assessment on the areas of the preferred site that were identified in the Stage 1 Archaeological Assessment as having a potential for archaeological resources, prior to construction. The City also committed to developing a Mitigation Plan for the protection of Sturgeon Habitat, which will be developed during the detailed design stage; and, to providing a similar amount of fish and aquatic habitat to that which is altered during construction. A summary of the comments received from Aboriginal communities, along with the City of Quinte West’s responses, can be found in Table 3 of this Review.

Ministry conclusions on the consultation program

Overall, the Ministry is satisfied that the City of Quinte West has provided sufficient opportunities for interested members of the public, government agencies and Aboriginal communities to be consulted during the preparation of the EA. The EA clearly documents the consultation methods utilized by the City to engage these groups during the EA process, and clearly sets out the issues and concerns raised and how they have been addressed. Should the EA be approved, the City of Quinte West has committed to continue its consultation efforts with interested members of the public, government agencies and Aboriginal communities during the detail design and implementation of the proposed undertaking.

3.1.3 Conclusion

The Ministry is satisfied that EA has been prepared in accordance with the requirements of the ToR and demonstrates how the required components of the EAA for consultation have been met.

3.2 EA process

EA is a planning process that requires a proponent to identify an existing problem or opportunity; consider alternative ways of addressing the problem or opportunity; evaluate the environmental effects of a reasonable range of alternatives; and, select a preferred alternative that will become the undertaking for which approval under the EAA will be sought.

The EA process was initiated by the City of Quinte West on May 16, 2012, with the publication of a Notice of Commencement of an EA for a proposed new municipal marina at the mouthe of the Trent River. The purpose of undertaking the EA process was to complete a comparative evaluation of the various alternative locations for a new municipal marina development; the potential effects (positive and negative, direct and indirect, short term and long term) of each proposed alternative location; and, the mitigation measures intended to minimize or avoid any potential negative effects of each alternative.

The proposed undertaking is a continuation of efforts by the City of Quinte West to promote the retention and use of waterfront lands for public access, and the enhancement of existing ecological and fish habitat within the Trent River estuary. Past studies and reports regarding the use of waterfront lands adjacent to the mouthe of the Trent River date back to 1988, under the former City of Trenton, and have progressed to detailed feasibility and market studies for the construction of a new municipal marina. They include:

  • Marina Feasibility Study, City of Trenton (Philpott Associates, 1988)
  • Bay of Quinte Remedial Action Plan, Stage 1 Report, Environmental Setting & Problem Definition. (Environment Ontario, Environment Canada, Fisheries and Oceans Canada, Ontario Ministry of Natural Resources, Ontario Ministry of Agriculture and Food. 1990)
  • Summary of the Nearshore Habitat Inventory on the Bay of Quinte, 1991-1993. (Ministry of Natural Resources, 1993)
  • Lake Ontario Fish Communities and Fisheries: 2001 Annual Report of the Lake Ontario Management Unit. (Ontario Ministry of Natural Resources, 2001)
  • Trent River Infilling Project – Bayshore Park (Tarandus Associates Limited, 2003)
  • Lower Trent River: Preliminary Quantitative Human health Risk Assessment (Dillon, 2006)
  • Ecological Risk Assessment for the Trent River Mouthe Sediment Depositional Areas (Dillon, 2007)
  • Bayshore Park Marina, City of Quinte West (Shoreplan and Touristics, 2010) Ontario
  • Ecological Risk Assessment for the Trent River Mouthe Sediment Depositional Areas, Dillon Consulting Ltd, May 31, 2007

Most recently, on October 24, 2010, the City of Quinte West’s Municipal Council granted approval to move forward with the planning of a new municipal marina. The proposed undertaking supports Council’s mandate to provide a more balanced downtown core that will offer multiple services to residents and visitors, in an integrated and accessible format, through the establishment of continuous public access along its waterfront lands.

In accordance with the approved ToR, the City of Quinte West prepared an EA pursuant to subsection 6.1(3) of the EAA, which states that an EA may consist of information other than the generic requirements as outlined in subsection 6.1(2). This approach was designed for proponents who are more advanced in their decision making; such as proponents who have already identified a specific undertaking for which the consideration of Alternatives To is not appropriate or who have completed a separate planning process that resulted in the identification of a preferred Alternative To. Proponents preparing an EA in accordance with to subsection 6.1(3) of the EAA are permitted to focus the EA process on the assessment of Alternative methods. The EA provides a justification for focusing the EA based on previous studies carried out by the City on how best to promote and utilize the City’s existing waterfront lands, and on current land-use policies defined in the City’s Official Plan.

The preparation of the EA was focused on the selection and evaluation of a reasonable range of Alternative methods or potential locations for the development of a new marina facility within a defined Study Area. In accordance with the approved ToR, the Study Area for the EA process was defined as being located at the start of the Trent-Severn Waterway, on the Bay of Quinte, in Trenton, Ontario (Figure 2). The Study Area is approximately 2.8 square kilometres in area and encompasses the City of Quinte West’s downtown core, including the undeveloped lands on both the east and west shores of the Trent River estuary.

In accordance with the approved ToR, the City of Quinte West carried out studies and research to compile an inventory of the existing natural, social-economic and cultural environments of the Study Area. The inventory was used to establish the baseline conditions for which the potential impacts of the alternatives being considered during the EA process were to be assessed. A description of the Study Area environment and the components of the environment that could be potentially affected, directly or indirectly, by each of the alternatives being considered can be found in Section 5.0 of the EA.

The EA identified and evaluated a reasonable number of potential locations within the EA Study Area. The EA clearly described the methodology by which each potential alternative was evaluated in order to identify any potential effects. This included the identification of proposed mitigation measures to minimize or avoid any potential negative effects of each alternative location being considered. A summary of the evaluation methodology used to identify and evaluate potential locations for a new marina can be found in Section 6.0 of the EA.

The EA Study Area was initially screened to identify potential alternative locations that would be a viable option with respect to the purpose of the undertaking; consistency with planning objectives; consistency with provincial policy and government agency mandates; known sensitive environmental features; practical and financial feasibility; and, the ability to be implemented by the City of Quinte West. A total of seven (7) potential locations were identified and screened against the following criteria:

  • Location in close proximity to downtown
  • Environmentally sensitive areas
  • Environmentally degraded areas (waste, contaminated)
  • Archaeological significant areas
  • Sufficient area of vacant land and shore/ water area for economically feasible marina
  • Opportunity for improved water front access
  • Promotes existing planning goals and policies

As a result of the screening process, four (4) of the potential sites were eliminated as nonviable alternatives. Three (3) potential locations, along with a Do nothing alternative, were carried forward for further evaluation.

The short list of three potential sites was further assessed against a range of criteria and indicators related to the natural, socio‐economic, cultural and physical environments, and a range of technical engineering considerations. Each alternative location was evaluated using a set of criteria that were developed by the City of Quinte West to be relevant, clear and logical. The criteria were weighted based on the relative importance to each component of the Study Area environment, and were then given a quantitative result. The alternatives locations were evaluated based on the advantages and disadvantages of potential environmental effects, and evaluation was presented in a traceable manner. The evaluation was built upon baseline data and the existing conditions in the Study Area. A summary of the evaluation of potential locations for a new marina can be found in Section 6.0 of the EA.

Based on the results of the evaluation of alternative locations, the City of Quinte West identified the preferred location for a new municipal marina as 3.5 hectare parcel of land situated on the north shore of the bay of Quinte and adjacent to Bayshore Park (Figure 1). A detailed description of the preferred alternative can be found in Section 6.4 of the EA.

In accordance with the approved ToR, the City of Quinte West developed mitigation measures to address the potential effects of the proposed preferred undertaking on each of the components of the environment. A summary of the potential effects, proposed mitigation measures and resulting net effects of the preferred undertaking can be found in Section 6.5 of the EA.

As part of the description of the preferred undertaking, the City of Quinte West also developed a monitoring plan to ensure the effectiveness of the proposed mitigation measures. The plan sets forthe how the City will verify the expected environmental effects of the preferred undertaking and the effectiveness of the proposed mitigation measure. The plan applies to all phases of the undertaking including: planning, detailed design, tendering, construction, operation, closure, and decommissioning. The monitoring results will be compared to the performance indicators developed during detail design to determine if the desired outcome is achieved. A summary of the monitoring plan can be found in Section 7.0 of the EA.

The City of Quinte West followed a logical and transparent decision making process that was clearly outlined in the EA. The EA provides an evaluation of a reasonable range of alternative locations that would be a viable option with respect to the purpose of the undertaking. The analysis and evaluation of alternatives assessed the potential environmental effects for the alternative locations and conceptual design of the proposed undertaking, and provides a description of the mitigation and monitoring measures to address the potential negative environmental effects. The Ministry and GRT have not raised any issues of concern in regard to the proposed mitigation measures or monitoring program.

3.2.1 Key issues

Key issues regarding the EA process completed by the City of Quinte West for the proposed undertaking were gathered during the preparation of the EA, and during the EA review comment period.

A detailed summary of the comments received during the preparation of the EA, and how the issues raised were addressed, can be found in Section 8 of the EA. The comments received, and the City of Quinte West’s responses to them, are also documented in a Public Consultation Record that can be found in Appendix H of the EA. Upon formal submission, the EA was made available for a seven week inspection period. During this time interested members of the public, government agencies and Aboriginal communities were provided with an opportunity to review and comment on the EA. No issues regarding the EA process carried out by the City of Quinte West were raised.

3.2.2 Conclusion

Overall, the Ministry is satisfied with the City of Quinte West’s decision making process. The EA was found to contain a brief explanation of the opportunity that prompted the EA process, and presented an evaluation of a reasonable range of alternative methods of addressing the opportunity of building a new marina in the EA Study Area. The evaluation of alternative methods used criteria that considered the broad definition of the environment. This definition included the natural environment, the socio-economic environment, and the cultural environment, as well as public health and safety.

The EA includes a thorough description of the potentially affected environment in the EA Study Area, and identifies the elements of the environment that may be affected, either directly or indirectly, by the alternatives being evaluated as part of the EA planning process. The EA also describes the advantages and disadvantages of each alternative and the proposed undertaking, based on those potential environmental impacts.

The Ministry is therefore satisfied that the EA demonstrates, in a logical and transparent process, why the preferred alternative was selected; and, that the EA was completed in accordance with the approved ToR and the requirements of the EAA. The Ministry is also satisfied that City of Quinte West has provided adequate responses and updates to the EA to address the EA process concerns raised by the members of the public, government agencies and Aboriginal communities during the preparation of the EA and the EA Review comment period.

3.3 Proposed undertaking

As summarized in section 2 of this Review, the proposed undertaking is the construction and operation of a new municipal marina located adjacent to Bayshore Park at the mouthe of the Trent River on the north shore of the Bay of Quinte (Figure 1). A detailed description of the proposed undertaking can be found in Section 6.4 of the EA.

The proposed undertaking is clearly described in the City of Quinte West’s EA documentation, and the undertaking has been evaluated based on the comparison of advantages and disadvantages to the EA Study Area environment. A broad definition of the environment was used in order to evaluate all potential impacts.

3.3.1 Key issues

Key issues regarding the proposed undertaking for which the City of Quinte West is seeking approval for under the EAA were gathered during pre-submission consultation and during the EA review comment period.

A detailed summary of the comments received during the preparation of the EA, and how the issues raised were addressed, can be found in Section 8 of the EA. The comments received, and the City of Quinte West’s responses to them, are also documented in a Public Consultation Record that can be found in Appendix H of the EA.

Upon formal submission, the EA was made available for a seven week inspection period. During this time interested members of the public, government agencies and Aboriginal communities were provided with an opportunity to review and comment on the proposed undertaking. Summaries of the comments received, along with the City’s responses can be found in Tables 1-3 of this Review. Copies of the submissions can also be found in Appendix B of this Review.

Canadian Environmental Assessment Agency

The City of Quinte West consulted with the Canadian Environmental Assessment Agency (CEAA) at the beginning of the EA process, as the proposed undertaking was determined to be subject to the requirements of the Canadian Environmental Assessment Act, 2010. During the preparation of the EA, the Federal government made changes to the Canadian Environmental Assessment Act that impacted the range of projects subject to a Federal EA. Under previous legislation, all projects requiring approval from a Federal Agency were required to complete an EA under the Canadian Environmental Assessment Act; however, changes to the Act now only require the completion of a Federal EA under very specific conditions for a marina project. These include:

  • The construction, operation, decommissioning and abandonment of a marine terminal in a wildlife area (as defined under the Wildlife Area Regulations) or migratory bird sanctuary (as designated under the Migratory Bird Sanctuary Regulations) (Section 1)
  • The construction, operation, decommissioning and abandonment of a marine terminal designed to handle vessels larger than 25,000 Dead Weight Tonnes (DWT) unless the terminal is located on lands that are routinely and have been historically used as a marine terminal or that designated for such use in a land use plan that has been the subject of public consultation

A review of the Regulations Designating Physical Activities (Project List Regulation) which are subject to an EA under the Canadian Environmental Assessment Act, 2012, was undertaken in consultation with CEAA. Based on this review it was determined by CEAA that a Federal EA would not be required for the proposed undertaking, as the proposed undertaking is not located within a wildlife area, as defined under the Wildlife Area Regulations, or migratory bird sanctuary, as designated under the Migratory Bird Sanctuary Regulations, and the proposed undertaking is not designed to accommodate vessels larger than 25,000 DWT.

The Ministry is satisfied that the proposed undertaking is not subject to the requirements of the Canadian Environmental Assessment Act, 2012, and that a Federal EA is not required for the proposed undertaking.

Ministry of Natural Resources

The MNR was consulted throughout the preparation of the EA. This is because the MNR issue permits under the Public Lands Act and is the agency responsible for ensuring the protection of Species at Risk under the Endangered Species Act.

During the preparation of the EA, the MNR identified a concern about the potential impacts that may result from the proposed undertaking on the habitat for lake sturgeon in the EA Study Area, given its status as a Species at Risk. The City of Quinte West was advised to examine mitigation measures that would effectively address any potential impacts to the habitat for lake sturgeon that may result from the construction and operation of the proposed undertaking. In consultation with the MNR, the City of Quinte West developed and proposed the following mitigation measures:

  • In water construction activities will be timed so as to avoid potential conflicts with lake sturgeon spawning
  • The construction timing window will be as approved by MNR
  • A habitat compensation plan will be implemented to offset potential harmful alteration, disruption or destruction of fish habitat resulting from dredging operations during construction

In addition, the City of Quinte West has made a commitment in the EA to remove all fish from the work area prior to initiating the dredging process. The City has also committed to obtaining the required Scientific Collector’s Permit from the MNR prior to the removal of any fish, and that all fish that are caught and released will be documented and this documentation provided to the MNR.

During the seven week inspection period that followed the formal submission of the EA, the MNR submitted comments that expressed the agency’s satisfaction with how its comments submitted during the preparation of the EA were addressed by the City of Quinte West.

The Ministry is satisfied that the MNR's concerns about the habitat for lake sturgeon have been addressed in the EA, and that the potential impacts resulting from the proposed undertaking can be addressed through the proposed mitigation measures and commitments.

Lower Trent Conservation Authority

During the preparation of the EA, the LTCA was identified by the City of Quinte West as the lead review agency for the Trent River Sediment Management Strategy Administrative Controls Protocol. This Protocol was put in place to ensure that any development adjacent to the mouthe of the Trent River will not disturb the sediment in the area, which is known to be contaminated. The Trent River, and the land adjacent to the river, has been the site of extensive industrial and urban use, and as a result contaminants, including dioxins and furans, are known to have entered the river. although the proposed location is not within the Administrative Control Area of the Trent River, the LTCA expressed concerns about the potential for the construction of the proposed undertaking to impact the direction of river currents, and whether the change in direction may disturb the sediment within the Administrative Control Area.

The LTCA has noted that the construction of the proposed marina will require the dredging of approximately 26,000 cubic meters of material, and that a temporary increase in suspended sediment in the water column can be expected to occur in the dredge work area. Mitigation measures, such as utilizing turbidity or silt curtains and monitoring of the water quality before removing the silt curtain, have been proposed by the City of Quinte West to minimize the potential effects on water quality; however, the LTCA is concerned that the use of turbidity or silt curtains to contain the dredging may alter the direction of river currents and flow patterns thereby potentially impacting the contaminated sediments in the Administrative Control Area. Accordingly, the LTCA requested that the City conduct flow and current modelling in the EA Study area to examine the potential impacts the proposed undertaking may have on the direction of river currents, and whether a change in direction may disturb the sediment within the Administrative Control Area.

The City of Quinte West carried out river current modelling to examine the potential impacts the use of turbidity or silt curtains may have on the direction of river currents and flow patterns. The modelling found that the introduction of the proposed mitigation measures may alter the currents to some degree. In particular, the modelling predicted that an increase in flow velocity is likely to occur in the Administrative Control Area; however, the changes were not found to be significant, and as such the contaminated sediments within the Administrative Control Boundary are not expected to be impacted by the proposed undertaking.

During the seven week inspection period that followed the formal submission of the EA, the LTCA submitted comments about potential impacts to Snapping Turtles, and potentially Blandings Turtles, nesting in the vicinity of the proposed marina near the mouthe of the Trent River. The LTCA advised the City of Quinte West that mitigation measures should be proposed to reduce potentially negative effects on turtle habitat. In addition, it was also recommended that a commitment should be made to improve the nesting opportunities for the local turtle population.

The City of Quinte West conducted a survey of the recommended preferred site and noted that the local turtle population is comprised mainly of Snapping Turtles, and potentially Map Turtles. both species of turtle are considered species of special concern. No evidence was found to support the existence of Blandings Turtle in the area. The City also contacted the MNR to confirm the survey results. The MNR indicated that it does not have any record of Blandings Turtles or any other thereatened or endangered turtle species in the vicinity of the EA Study Area.

The City of Quinte West acknowledged that mitigation measures are needed to address potentially negative effects on local turtle habitat from the construction and operation of the proposed undertaking, and that efforts should be made to improve the nesting habitat of the local turtle population. The City of Quinte West has therefore committed to implementing the necessary mitigation measures, as described in the MNR Significant Wildlife Habitat Technical Guide, to ensure that no residual environmental effects result from this project and that ecological enhancements are achieved where feasible.

On August 21, 2013 the LTCA notified the Ministry of the Environment, by way of email, that the agency supports the mitigation measures and commitments proposed by the City of Quinte West to address the potential negative effects on local turtle habitat. The Ministry is satisfied that the concerns about the potential impact to the direction of river currents, and whether the change in direction may disturb the sediment within the Administrative Control Area, have been addressed. In addition, the Ministry is also satisfied that the concerns about potential impacts to turtle habitat have also been addressed.

Ministry of the Environment

The Ministry of the Environment was consulted throughout the preparation of the EA. Ministry staff provided advice and guidance to the City of Quinte West about the Ministry’s expectations on how an EA is to be prepared, and the requirements under the EAA that must be met.

Prior to the formal submission of the City of Quinte West’s EA, the City circulated a draft of the EA to the Ministry for review and comment. Ministry staff reviewed the draft EA to determine whether or not the draft meets the requirements of the EAA and the expectations set out in the Ministry of the Environment’s Code of Practice: Preparing and Reviewing Environmental Assessments in Ontario. The review also assessed the clarity and detail of the EA documentation in order to ensure that the Minister of the Environment will be able to fully understand all the information in the EA when making a decision about whether or not to approve the proposed undertaking.

Based on the review of the draft EA, the Ministry of the Environment’s Eastern Region Office Technical Support Section identified concerns about the potential for impacts to surface water, resulting from the construction of the undertaking. The review by Ministry Technical Support Staff noted that there was insufficient information about how the proposed floating breakwater design of the marina may affect the flow and deposition patterns of contaminated sediment from upstream sources. Ministry staff suggested that additional flow modelling should be undertaken to address this concern.

During the seven week inspection period that followed the formal submission of the EA, Ministry of the Environment Technical Support Staff identified a concern about the potential for sediment dredged from the proposed marina basin to be classified as hazardous. Ministry staff recommended that any sediment removed during dredging be analyzed to determine if it is hazardous, and that the material removed be disposed of at appropriately licensed facility. In addition, Ministry staff also recommended that the monitoring of sediment dispositional patterns during dredging be carried out, and that surface water samples be collected to confirm contaminant levels are safe prior to removal any dredging mitigation equipment, such as silt curtains.

The City of Quinte West has committed to ensuring that dredged sediments are sampled and analyzed during the dredging operation, and in accordance with Ontario Regulation l53/04 (Records of Site Condition) to ensure that the waste material is acceptable for disposal at that particular waste facility. The City of Quinte West has also committed to the monitoring of the sediment depositional pattern by carrying out a sounding survey of the dredge area annually for three years after completion of the dredging and comparing the surveys with the post-dredge sounding survey. The monitoring interval will be reviewed and modified as appropriate after the third year based on the finding s of the surveys. Lastly, during the detailed design phase of the undertaking water sampling and analysis will be carried out to permit the removal of the silt curtain. The dredging plan will be developed in consultation with Ministry and provided to the Ministry for review.

The Ministry is satisfied that the concerns about the potential impacts from contaminated sediment have been addressed. In addition, the Ministry is also satisfied that the concerns about potential impacts to sediment depositional pattern have also been addressed.

3.3.2 Conclusion

The Ministry is satisfied that the information contained in the City of Quinte West’s EA supports the recommendations and conclusions for the selection of the proposed undertaking. The Ministry is also satisfied that environmental effects of the proposed undertaking have been clearly identified, and that these impacts can be managed through the commitments made in the EA, through conditions of EA approval, or through additional work that must be carried out by the City of Quinte West in support of future approval or permitting applications.

Summary of the ministry review

The purpose of this Ministry Review is to determine if the City of Quinte West has prepared its EA for a Proposed New Municipal Marina in accordance with the approved ToR and the requirements under the EAA. This Review also concludes whether the evaluation in the EA is sufficient to allow the Minister of the Environment to make a decision about the proposed undertaking. On the basis of this Review, the Ministry of the Environment has concluded that:

  • The EA has been prepared in accordance with the City of Quinte West’s approved ToR and the requirements under subsection 6.1(3) of the EAA
  • The EA has identified and evaluated a reasonable range of alternatives to arrive at a preferred undertaking
  • The EA has identified and assessed the potential environmental effects for the alternatives to the undertaking and the proposed undertaking
  • The EA has provided a description of the proposed mitigation and monitoring measures to address the potential negative environmental effects of the alternatives to the undertaking and the proposed undertaking
  • The EA contains sufficient mitigation and monitoring measures to ensure that the potential negative environmental effects of the undertaking will be minimized
  • The City of Quinte West has provided sufficient time and opportunities for interested members of the public, government agencies and Aboriginal communities to participate and comment on the preparation of the EA and the undertaking for which approval is being sought
  • The EA clearly documents the consultation methods utilized to engage for interested members of the public, government agencies and Aboriginal communities throughout the EA process
  • The consultation methods used during the EA process were carried out in accordance with commitments in the approved ToR and the requirements of the EAA
  • The EA identifies and clearly explains the issues and concerns that were raised during the preparation of the EA, and how they have been addressed
  • That the EA contains sufficient information to enable a decision to be made about the application to proceed with the undertaking

The Ministry is satisfied that the proposed undertaking, as described in the City of Quinte West’s EA, will address the need for additional recreational boating resources in the EA Study Area; and, will promote utilizing the existing waterfront lands in the City’s downtown core. The proposed undertaking will assist the City of Quinte West in creating a connected and integrated downtown area where commercial, civic and recreational uses are accessible to each other, with strong pedestrian linkages, and where a wide range of uses are offered to attract and serve both local residents and visitors.

The Ministry is also satisfied, that should approval under the EAA be granted, the implementation and operation of the proposed undertaking will be completed in accordance with the terms and provisions outlined in the EA; any proposed conditions of approval; and, through additional work that must be carried out by the City of Quinte West in support of future approval and permitting applications.

During the final review period and prior to forwarding a recommendation to the Minister of the Environment about this EA, conditions specific to the proposed undertaking may be proposed to ensure the environment remains protected.

What happens now

The Review will be made available for a five-week comment period. During this time, all interested parties, including the public, the GRT and Aboriginal communities can submit comments to the Ministry of the Environment about the proposed undertaking, the EA and/or the Review. At this time, anyone can request that the Minister of the Environment refer either all or part of the EA to the Environmental Review Tribunal for a hearing if they believe that their concerns have not been addressed. At the end of the Review comment period, Ministry staff will make a recommendation to the Minister concerning whether the EA has been prepared in accordance with the ToR and the requirements of the EAA, and whether the proposed undertaking should be approved.

When making a decision, the Minister of the Environment will consider the purpose of the EAA, the ToR, the EA, the Review, the comments submitted during the EA and the Review comment periods and any other matters the Minister may consider relevant. The Minister will make one of the following decisions:

  • Give approval to proceed with the undertaking
  • Give approval to proceed with the undertaking subject to conditions
  • Refuse to give approval to proceed with the undertaking

Prior to making that decision, the Minister of the Environment may also refer either part of or the entire EA to mediation or refer either part of or the entire EA to the Environmental Review Tribunal for a decision. Should the Minister approve, approve with conditions or refuse to give approval to the undertaking, the Lieutenant Governor in Council must concur with the decision.

5.1 Additional approvals required

If EAA approval is granted, the City of Quinte West will still require other legislative approvals to design, construct and operate the proposed undertaking. Section 10.0 of the EA outlines the additional approvals that may be required. These approvals may include:

  • Navigable Waters Protection Act
  • Fisheries Act
  • Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses Regulation (Ontario Regulation 163/06)
  • Public Lands Act
  • Endangered Species Act
  • Scientific License Collection Permit
  • Ministry of Natural Resources work permit
  • site plan approval
  • building permits

These approvals cannot be issued until approval under the EAA is granted.

5.2 Modifying or amending the proposed undertaking

In order to accommodate and address changes to the undertaking if approval is granted, the Ministry of the Environment will recommend that the Minister of the Environment consider imposing a condition that any major changes are themselves deemed to be undertakings for which EA approval will be required.

Public record locations

The public record for this environmental assessment can be reviewed during normal business hours at the following ministry office:

Ministry of the Environment Environmental Approvals Branch
2 St. Clair Avenue West, floor 12A
Toronto, Ontario

The Review and Notice of Completion are also available at the following locations:

Ministry of the Environment, Kingston Regional Office
Box 22032, 1259 Gardiners Road
Kingston, Ontario K7M 8S5

City of Quinte West

Public Library, Frankford Branch
22 north Trent Street
Frankford, Ontario
K0K 2C0

Public Library
7 Cresswell Drive
Trenton, Ontario
K9V 5R6

City Hall
7 Cresswell Drive
Trenton, Ontario
K9V 5R6

Making a submission

A five-week public review period ending November 29, 2013 will follow publication of this Review. During this time, any interested parties can make submissions about the proposed undertaking, the environmental assessment or this Review. Should you wish to make a submission, please send it to:

Agathea Garcia-Wright
Director Environmental Approvals Branch Ministry of the Environment
2 St. Clair Avenue West, floor 12A
Toronto, Ontario
M4V 1L5

  • Fax: 416-314-8452

Re: City of Quinte West Environmental Assessment
Attention: Mr. Gavin Battarino, Project Officer

Under the Freedom of Information and Protection of Privacy Act and the Environmental Assessment Act, unless otherwise stated in the submission, any personal information such as name, address, telephone number and property location included in all submissions become part of the public record files for this matter and can be released if requested.

Appendix A: Environmental Assessment Act and terms of reference requirements of the environmental assessment

Please contact EAASIBGen@ontario.ca for a copy of Appendix A.

Appendix B: Submissions received during initial comment period

Please contact EAASIBGen@ontario.ca for a copy of Appendix B.

Appendix C: Supplemental information

Please contact EAASIBGen@ontario.ca for a copy of Appendix C.