Discussion Guide: Public Consultation – Lac-Mégantic Bypass

From: Transport Canada

Table of contents

List of figures

List of tables

List of appendixes

1. Introduction

The Government of Canada is providing funding for the construction of the Lac-Mégantic rail bypass in partnership with the Government of Quebec. Canadian Pacific (CP), which acquired the Central Maine & Quebec Railway (CMQR) in December 2019, will deliver the project subject to the execution of a funding agreement with Transport Canada (TC). CP will also own the bypass.

In the fall of 2021, at the request of TC, CP submitted a preliminary application to the Canadian Transportation Agency (CTA) on behalf of its subsidiary CMQR to receive authorization to construct this railway line. The CTA is required by law to consider the interests of the communities that will be affected by the rail bypass.

In order to take the interests of local communities into account, TC is inviting residents to comment on the project. Since the project was announced in 2018, several discussion and information meetings as well as public consultations, including those by the Bureau d'audiences publiques sur l'environnement (BAPE) in 2019 and TC in January/February 2022, have identified the elements and components of the project that are of concern to residents, elected officials, community groups and citizen committees in the region.

This Discussion Guide provides a summary of the most recent information regarding these concerns by focussing on the project's potential impacts on groundwater and indirect impacts on potable water wells and wetlands.

Annex 1 presents the list of environmental mitigation measures that were jointly accepted by the governments of Canada and Quebec. The annex also includes 52 additional mitigation measures identified by the railway operator.

The documents and reports pertaining to previous public consultations can also be consulted:

2. Project description

This new 12.5-km-long rail line will go through the municipalities of Nantes, Lac-Mégantic and Frontenac, more specifically between mileage post 113.27 in the Moosehead Subdivision and mileage post 3.49 in the Sherbrooke Subdivision. The project also includes the construction of two-yard tracks in the Lac-Mégantic industrial park in order to enable the relocation of switching activities from Nantes and Frontenac to this location. This relocation of switching activities to the Lac-Mégantic industrial park is in response to requests expressed by the mayors and the community, particularly during the 2019 BAPE process. At the end of the project, the existing railway track will be dismantled.

Figure 2.1: Map of the proposed bypass route

Figure 2.1 : Map of the proposed bypass route
Source: Figure taken from Transport Canada

Additional information on the project is available on the TC webpage dedicated to this project, including a map of the route and the various phases and timelines.

3. Introduction to hydrogeological principles and the local situation

The water cycle

Water on land travels from one reservoir (atmosphere, hydrosphere, biosphere and lithosphere) to another in a continual and cyclical manner, through the processes of evaporation, condensation, precipitation and drainage. As precipitation falls to Earth, some of it evaporates, some flows to join surface water directly and some infiltrates into the ground surface and eventually reach the water table (aquifier). Groundwater does resurface in surface water after a certain amount of time in the aquifer (i.e., geological formations allowing the storage and circulation of groundwater), which can range from a few days to hundreds of years. The following figure shows a diagram of this water cycle.

Figure 3.1: Representation of the water cycle

Figure 3.1: Representation of the water cycle
Source: Figure reproduced by Transport Canada based on a figure produced by Pierre-André Bourque (http://www2.ggl.ulaval.ca/personnel/bourque/intro.pt/planete_terre.html)

Groundwater

Groundwater is omnipresent under the soil surface, occupying space between particles in porous soil and in the cracks and faults in the bedrock. Surface water that infiltrates the soil begins to percolate downward into the first few metres where air fills most of the spaces between soil grains or cracks in the rock. When this water reaches the water-saturated zone, it becomes groundwater that can circulate within the aquifer. Aquifers are geological formations that contain groundwater (container) and the groundwater circulates in the aquifer (contents). The water table correspond to the upper surface of the saturated zone. The water table varies naturally during the course of the year, based on the amount of infiltration during the seasons (seasonal fluctuations): the water table is at its lowest in winter and during dry summer periods and at its highest during the snow melt and heavier fall rains. The water table can also be slightly influenced by barometric pressure.

Groundwater Flow

Contrary to popular belief, groundwater does not flow along an underground river to an underground lake. It flows slowly through aquifers at speeds that vary greatly depending on the permeability of the materials it flows through, their nature and location (therefore depending on the hydrogeological properties of the aquifer). Groundwater flows by gravity, from a high point (upgradient) to a low point (downgradient) and although on a regional scale, groundwater flow generally mimics the watershed flow, on a local scale, groundwater flow can be different than the surface flow.

The following figure shows the general directions for groundwater flow along the route of the Lac-Mégantic rail bypass.

Figure 3.2: Representation of the general flow directions

Figure 3.2: Representation of the general flow directions
Source: Figure produced by Transport Canada adapted from the text in: Golder, Report – ADDENDUM - Lac-Mégantic Rail Bypass Project – Environmental Effects Evaluation, May 2022, 81p.(p.22)

Excavation work

Construction of the proposed rail bypass involves excavation and drainage work since some of the sections show a significant variation in elevations (hills, valleys, etc.). Excavation work can only make changes to the groundwater flow regime at the local level when it intercepts the water table, i.e., when the water table is above the bottom of the excavation.

Effects on Groundwater Flow

The effect of the rail line on the flow regime will occur over the short and long terms.

Short term: The short-term effect will occur mainly during the construction of the bypass. During this period, the local groundwater flow regime will be disrupted by the presence of the trenches which acts as a drain within which groundwater resurges. The drainage caused by the trenches lowers the water level of water table, which varies over time. The extent of the lowered water table greatest in the trench and gradually decreases as one moves away from it. The section of land in which the trenches will causes a lowering of the water table is called the area of influence. The flow regime during this period is called the transient flow regime, and during this period the area of influence progressively expands. The duration of this period depends on the volume of water that is drained by the excavation, the hydrogeological properties of the aquifer and the natural seasonal fluctuation of the water table.

A diagram showing the behaviour of the water table during pumping activities is illustrated in the figure below. It describes a fictional situation to demonstrate the lowering of water table over time and distance.

Figure 3.3: Diagram of the transient flow period

Figure 3.3: Diagram of the transient flow period
Source: Figure produced by Transport Canada

Long term: Long-term effects could occur during or post construction, including during the bypass operating period.

After a certain period of time (its duration depending on the volume of water extracted from the trench, the hydrogeological properties of the aquifer and the level of recharge by precipitation), a new local flow regime is created and reaches stability. At that moment, the trench no longer causes any additional lowering of the water table. The ground water flow regime is then said to have reached a steady state (permanent regime) and the area of influence achieves its maximum dimensions. The variations that can occur are those caused by seasonal fluctuations.

The figure below depicts a fictional scenario to show flow conditions when the permanent regime is achieved, that is, when the groundwater flow has rebalanced and stabilized itself. There is no longer any additional lowering of water levels and the area of influence of the excavation is set.

Figure 3.4: Diagram of the area of influence in the permanent regime

Figure 3.4: Diagram of the area of influence in the permanent regime
Source: Figure produced by Transport Canada

To be able to assess the various sectors that might be impacted by changes in the local flow regime, a hydrogeological study was conducted to ascertain the various hydraulic properties of the soils in which the work will take place.

4. Hydrogeological study

A hydrogeological study was completed to assess the hydrogeological properties of the aquifers present in the area of works, specifically where the excavation of soil and rock will be necessary during the construction of the new rail line. The purpose of this exercise was to assess the maximum radius of influence in order to design and implement a monitoring program at locations where impacts might be observed.

It should be noted that the summary provided in this Guide is based on the following report: Hydrogeological Investigation – Lac-Mégantic Rail Bypass, Lac-Mégantic (Québec), Hydrogeological Study, ENGLOBE Final Report, May 31, 2022. This report can also be consulted online for more details regarding the steps taken and the results.

4.1 Work Sequence

Most of the field work was completed between September and November 2021. It included permeability tests and a groundwater monitoring program (see table below) of the till and bedrock. Here is the chronology for the work:

Table 4.1: Chronology of the hydrogeology study and monitoring

Activities

Date

Drilling and installation of 40 monitoring wells

July to November 2021

Lugeon tests

Assessment of bedrock hydraulic properties

August to October 2021

In situ conductivity testing in the monitoring wells

Assessment of loose soil hydraulic properties

September to November 2021

Survey of groundwater levels

October and November 2021

Long-term ground water monitoring and sampling program of private potable water wells

Ongoing

These activities are part of a logical series of surveys and analyses that are presented in the diagram below.

Figure 4.1: Logical series of surveys and analyses conducted as part of the hydrogeological study

Figure 4.1: Logical series of surveys and analyses conducted as part of the hydrogeological study
Source: Figure produced by Transport Canada

Text description

The figure attempts to simplify the structure of the hydrogeological study by illustrating its different components. This figure is divided into three sections: (1) stages of the study, (2) how these stages were carried out and (3) the use of the information obtained at each stage. The final objective of the hydrogeological study is the "Formulation of Recommendations" based on the "Impact Assessment".

4.2 Field Work

The purpose of the field work during the hydrogeological study was to determine the hydrogeological properties of the aquifer formations encountered and to measure the water table levels in the areas of interest.

The hydrogeological study was conducted at the same time as the geological study. Of the 194 drilled boreholes in the geotechnical study, 40 were used to install monitoring wells. Their distribution was focused on sections of the future right-of-way where excavation is to take place, with a greater density in sectors that have structures (e.g.: walking tunnel). Lugeon tests (for estimating the hydraulic properties of the bedrock) and in situ permeability tests (for estimating the hydraulic properties of the soil) were then conducted in these wells. These wells were also used to monitor water levels.

4.3 Regional Hydrogeology

The area where the excavation work is to take place is mostly composed of till underlain by bedrock. This till (i.e.: glacial sediment) is composed of sandy silt that is loose to compact and varies in thickness from 1 metre to more than 15 metres in certain sectors. The bedrock encountered differs from one area to another but is generally more fractured at the surface.

The two hydrogeological units revealed similar hydraulic conductivity results and indicate relatively low permeability.

4.4 Radius of Influence

Potential impacts on groundwater levels were assessed using two methods, an analytical method, and a numerical model.

Numerical model: Method used to assess potential short-term impacts during the construction of the bypass. This method was also used to assess the extent of the long-term area of influence.

Analytical method: Method used to assess the potential long-term impacts when the flow is in a permanent regime (i.e., steady state). As mentioned, this flow regime could occur during or only after construction.

In both cases, the extent of the area of influence was assessed using significant and very conservative safety factors to inventory all possible impacts on each receiving environment and therefore the greatest number of wells likely to be affected by the work.

The radius of influence of the major excavation areas assessed using the two methods described are presented in Annex 2.

4.5 Conclusion

The hydrogeological study made it possible to assess, for each sector where excavation work is necessary, the extent of the area within which the water table level may drop during and following the work (radius of influence). The purpose of this assessment was not to predict the possible impacts on each receiving environment but to provide the necessary data for designing a groundwater monitoring program based on conservative assumptions.

The hydrogeological study report formulated a few general recommendations associated with the monitoring of impacts on each receiving environment. However, the mitigation measures and the scope of the monitoring program were defined in the following reports:

  • Lac-Mégantic Rail Bypass Project – Environmental Effects Evaluation, December 2021
  • ADDENDUM – Lac-Mégantic Rail Bypass Project – Environmental Effects Evaluation – May 2022 and Technical Memorandum
  • Lac-Mégantic Rail Bypass Project – Consultation Support Material: Key Points About the Environmental Effects Evaluation For Wetlands and for Potable Water Wells, June 27, 2022

5. Potable water wells – impacts and mitigation measures

5.1 Potential Impacts on Potable Water Wells

Based on the data in the hydrogeological report, at least one private surface well could go dry and several listed private potable water wells could see their capacity drop permanently by 20 to 35%, which could cause intermittent water shortages depending on use. This effect could continue following completion of the construction work on the bypass.

Water Quantity

In certain sections of the bypass route, the excavation work in the soil and rock could reach depths greater than the depth of the water table. Consequently, the trenches that will be excavated to enable the construction of the rail line will act as drains for the groundwater and will affect the water table level.

This drop in the water table level will be observed in some of the water wells, causing a potential impact on the capacity of some wells to provide a sufficient flow to meet the water needs of a residence. In the case of surface wells, this impact could be quite significant. A surface well is generally shallow. Therefore, even a slight drop on water table level could, in some cases, cause a well to dry out. The impact on deep wells would be less significant considering that the initial water column in the wells is greater.

Blasting activities could affect the quantity of water in wells located at short distances from the RoW under construction. The vibrations caused by the blasting can affect the rock structure in the vicinity of wells and negatively impact the water bearing fractures.

Section 5.2 presents mitigation measures that will help mitigate the impacts on water quantity in wells.

Water Quality

The contamination of groundwater during construction and operation is also a potential impact of this project. Contaminants generated by machinery at the soil surface in the construction area could be transported by the runoff and infiltrate into the soil to reach the water table. The contaminants would potentially migrate in the groundwater and eventually reach a potable water well or reappear in surface water.

It should be noted, however, that groundwater flow velocity is at generally slow, varying from a few centimetres per year in the loose soil present along the route to several metres per year in fractured environments (bedrock). The implementation of mitigation measures during the work will also greatly reduce the risk of contamination.

The potable wells that are located downgradient from the future ROW can be at risk if there is contamination of groundwater or soils during construction.

In the same manner as for water quantity, quality problems can occur as a result of the blasting activities. For example, vibrations caused by dynamiting the blasting activities can cause a temporary increase in the water turbidity and, in certain cases, create preferential pathways between potable wells and the blasted areas.

Section 5.2 presents mitigation measures that will help mitigate the impacts on water quality in wells.

Groundwater Monitoring Program

To establish the initial condition within the existing potable wells before the beginning of construction in the areas deemed at risk of suffering impacts, an inventory of the wells was completed, including an assessment of the water level and quality (samples taken to measure various analytical parameters). This way, it will be possible to monitor the water table fluctuations and the quality of the water present in the wells during the various phases of the work, comparing them with the current normal conditions before works.

A study of all private potable water wells within less than 200 m of the RoW was conducted (see mitigation measures #125 and #128). In the summer of 2021, a total of 25 private potable water wells were inventoried. Of these wells, 22 were deep wells and three were surface wells. Each of these wells were sampled and their water levels monitored over a period of 24 hours. In August and September 2022, an additional 10 to 15 private potable water wells will be monitored and sampled. These wells are located near major excavation work. To confirm the quality of these additional wells to be sampled, the owners in this area will be contacted and asked to answer a questionnaire.

To verify if potable well water level fluctuations are connected to the bypass work, several monitoring wells will be installed outside the project's radius of influence to gather water level data and assess if the fluctuations are caused by seasonal variations or by the construction work.

5.2 Proposed Mitigation Measures

Several mitigation measures will be implemented to reduce the potential impacts of the project.

The 138 first mitigation measures identified within the context of this project originate from the environmental assessment process led by the Ministère de l'Environnement et de la Lutte contre les changements climatiques (MELCC), including public hearings by the Bureau d'audiences publiques sur l'environnement du Québec (BAPE), which was completed in 2020.

Additional mitigation measures have since been added as the project progresses:

  • Measures 139 to 149 were added to comply with the Federal Species at Risk Act and following the First Nations Consultation Process;
  • Measures A-1 to A-52 are additional mitigation measures identified by the railway operator following their Environmental Effects Evaluation and following the results of the hydrogeological study;
  • Transport Canada (TC) has also developed new commitments which are numbered measures B-1 to B-9.

In the original 138 measures, the additional 52 measures identified by the railway operator as well as the new TC commitments, there are measures specifically addressing the potable water wells located within the radius of influence of the work area where pumping activities are expected to take place:

Measure #125

“Make an inventory of all the wells located to a minimum of 200m of the RoW before the construction work begins.”

This measure has already been implemented by the railway operator to conduct the monitoring program presented in measure #127. A total of 25 wells were identified within 200 m of the proposed railway right-of-way.

Measure #B-1 (additional TC commitment)

“In addition to the wells being inventoried and monitored within 200 m of the RoW (Measure # 125), wells located at a distance greater than 200 m of the RoW yet inside the potential long-term area of influence identified in the hydrogeological study will be inventoried to ensure that any potential at risk drinking water wells are identified and documented.”

If significant impacts were to be observed at the wells in the monitoring program, additional private wells within the long-term potential area of influence will be included in the monitoring program in measure #127.

Measure #126

“In a 200 m zone of the RoW, take special precautions during construction work so as not to damage or contaminate water wells (e.g., control blasting works to limit vibrations on wells).”

In more concrete terms, this measure could result in actions such as:

  • Monitoring the water levels of the private wells and the quality of the water before and after blasting activities using a datalogger;
  • Using blasting mats to prevent the projection of rock debris;
  • Implementing measures in the use of the machinery (limiting oil leaks, management of accidental spills, etc.).
Measure #127 (first part)

“Follow up on potable water wells at risk for a period of two years following the end of the work. This follow-up will include all wells located within a minimum radius of 200 m from the limit of the Project's RoW, as well as all other wells deemed necessary based on scientific studies. The environmental monitoring protocol for wells at risk must be submitted to TC ahead of construction work.”

The purpose of this measure is to monitor and prevent potential impacts on potable water wells, including degradation of water quality that might result from the construction and operation of the bypass. Although measure #127 is specified for a period of two years following the end of the work, monitoring will be implemented before the beginning of the work and will continue during and after the work, i.e. until the water table is stabilized (see measure B-2).

Monitoring frequency in the private potable water wells will also vary in intervals from 1 (one) to 6 (six) months, based on the significance of the work being conducted in the area as well as the variations observed.

Once finalized, the groundwater monitoring program will be presented to the potentially affected potable water well users to explain the details of the monitoring program.

Measure #B-2 (additional TC commitment)

“If the water table has not stabilized by the end of the two-year time frame, then those at-risk potable water wells will continue to be monitored until stabilization occurs.”

If the water table has not stabilized within the two-year monitoring period after the construction is completed, then at-risk potable water wells will be monitored beyond the two-year time frame until the water table has stabilized. Within the area of influence of the work area, the water table will be considered to have reached steady state (a stabilization of the water table) when observed variations are only those that can be associated with seasonal variations. The groundwater monitoring program will allow experts to determine normal seasonal variations and determine whether steady state has been reached.

Measure #B-3 (additional TC commitment)

“For the most at-risk receiving environments in terms of domestic water supply, dedicated observation wells will be installed and instrumented with data sensors to monitor the water level.”

These control wells will allow for more frequent monitoring that will trigger, if necessary, the first intervention thresholds generating a more frequent monitoring of the wells of affected individuals. For example, an area such as the Salaberry street sector could require such additional observation wells.

Measure #B-4 (additional TC commitment)

“The groundwater monitoring program will establish intervention thresholds for groundwater level and quality prior to work commencing that will make it possible to quickly determine the extent of lowering of wells water levels at which it will be necessary to intervene in order to ensure a constant supply of drinking water to citizens.”

The intervention thresholds will allow for a quick response to determine when an additional mitigation measure should be implemented to ensure a safe water supply for citizens. Intervention thresholds to be established shall be specific to every well and will address both quality and quantity parameters.

The frequency of monitoring will be flexible and may be increased in some areas as the situation evolves and intervention thresholds are reached.

Measure #127 (second part)

“In the event that water flow problems or water contamination should occur due to the presence of the railway, new wells will have to be built at no cost to the owners.”

The purpose of this measure is to cover the possibility that a potable water well might need to be replaced due to a drop in water levels caused by the construction work or by permanent drainage during operations. The replacement potable water wells shall need to be installed deeper to provide safe and sufficient amount of water to the owner. In such cases, the wells replacement may also require replacing the pumping equipment and providing a new connection to the residence. This measure will be applied when surveys demonstrate the need (e.g., significant drop in water levels or contamination connected to the project).

An alternative would involve deepening the existing potable water well to. In such cases, replacing the pumping equipment might also be necessary.

Lastly, it should be noted that a mechanism for allowing private potable water well owners to report any changes in the status of the well, i.e., water quality or quantity will also be put in place.

Measure #B-5 (additional TC commitment)

“Intervention thresholds will allow for rapid response to determine additional mitigation measures to be put in place and to ensure a safe water supply for residents. If despite this monitoring a well must be replaced under Measure 127 or if there is a water quality issue related to the bypass project, potable water will be provided at no cost until the situation is resolved or the new well is constructed.”

Measure #B-6 (additional TC commitment)

“Ensure potable well water quality during the monitoring period. If potable water criteria are exceeded or quality decreased as a result of the works, water treatment systems will be installed as needed at no cost to the resident.”

Measure #128

“An initial characterization of the wells to be monitored will need to be conducted. This characterization would require at least:

  • Verification of the static water level in the well;
  • Verification of the hydraulic behaviour of the well under conditions of regular use; this by installing a probe that records changes in the water level for 24 hours of normal use of the well by residents.

A physicochemical characterization of the water will be done using a raw water sample from the well (the exact parameters will have to be specified, but overall: major ions, pH, conductivity, iron and manganese).”

The specific parameters to be analyzed in the potable water are detailed in Annex A to measure 129.

Measure #129

“A follow-up report must be submitted to TC no later than six months after the end of the follow-up. The report shall contain all of the elements described in the appendix of the letter from the MELCC to TC (MELCC, 2020b).”

Measure #130

 “If the situation requires, following validation by TC, specific mitigation measures must be identified and applied by CMQR. If necessary, these mitigation measures should be subject to additional monitoring in order to validate their effectiveness.”

Although the exact nature of these additional measures is not currently known, additional measures may be required to ensure potable water supply to residents who may be impacted by the project.

TC and CP are preparing a groundwater monitoring program to ensure monitoring of the private potable water wells and that all additional necessary measures will be implemented to provide sufficient potable ater supply to residents. If any additional measures are required as the project progresses, TC will use measure 130 to supplement and broaden the monitoring program.

Measure #B-7 (additional TC commitment)

“Data from the geotechnical and hydrogeological studies, such as borehole logs and groundwater levels, will be made available to the City of Lac Mégantic d the municipalities of Nantes and Frontenac to refine the DRASTIC index along the RoW for the purpose of updating its analysis of the vulnerability of drinking water supply sources as per article 68 of the “Règlement sur le prélèvement des eaux et leur protection” (Q-2, r.35.2).”

Measure #B-8 (additional TC commitment)

“Instrumented observation well(s) will be installed in a nearby watershed of similar nature, unaffected by the project (or by human withdrawals), to serve as a baseline to identify fluctuations in the water table caused by seasonal factors.”

This measure will serve to support identification of steady state as described in Measure B-2.

6. Wetlands – impacts and mitigation measures

The environmental impact assessment (EIA) report from June 2018 included an inventory of plants and wetlands. For this reason, no additional plant and wetland inventory was conducted. In the study area, wetlands cover a total surface area of 245 ha. Most of the wetlands are treed swamps (73%), followed by bog woodlands (13%), shrub swamps (11%), marshes and open wetlands (3%) and open bogs (less than 1%).

No plant listed on the federal species at risk list was found or deemed potentially to be present along the railway bypass.

Potential Effects and Mitigation Measures

As described in section 5.2 above, several mitigation measures have been introduced to the project. In the original 138 measures, the additional 52 measures identified by the railway operator there are measures specifically addressing wetlands.

Several potential impacts during construction were identified and specific mitigation measures have been designed to minimize these impacts as much as possible.

Direct and permanent loss of plants and wetlands

This impact corresponds to the permanent elimination of plants and wetlands in the RoW following deforestation, land clearing and stripping during construction. It is estimated that construction could result in the permanent loss of up to 66 ha of wetlands and up to 26 ha of forest (including regeneration areas, areas recently cut and plantings) along the bypass RoW.

Several mitigation measures are planned to reduce this potential impact (see annex for detailed list of mitigation measures): measures #1, #18, #30, #31, #33, #35, #39, #43, #74 and #147.

An important measure planned for the project is the commitment to compensate for the loss of wetlands by making a contribution to the Fonds de protection de l'environnement et du domaine hydrique de l'État managed by the Government of Quebec and presented hereafter.

Measure #43 and measure #A-48 (additional measure identified by the railway operator)

Original measure #43 is defined as:

“The losses of wetlands and water bodies caused by the completion of the Project will have to be compensated by the payment of an amount of $4,863,530 to the Fonds de protection de l'environnement et du domaine hydrique de l'État. Payment of this financial contribution must be made before the start of construction work.”

This mitigation measure established by the governments of Quebec and Canada is designed to cover wetland losses within the future rail RoW. It should be noted that the calculation of the amount paid will be reviewed based on the final surface area of wetland losses caused by the work.

Mitigation measure #A-48 was added to take into account an additional potential loss of wetlands within the rail RoW. This measure will be implemented in the event the monitoring conducted via measure A-43 (hereafter), combined with the possible implementation of measure A-10, demonstrates a residual impact on wetlands located outside the rail RoW.

If the loss of wetlands outside of the RoW by the drawdown of the water table is unavoidable, compensate this loss with an additional payment to the Fonds de protection de l'environnement et du domaine hydrique de l'État.

Direct Temporary Loss of Plants and Wetlands

This impact corresponds to the temporary loss of plants and wetlands in the study area due to the deforestation, clearing and stripping of construction areas and waterway realignment areas. It is estimated that construction could result in the permanent loss of up to 59 ha in wetlands and up to 36 ha of forest (including regeneration areas, areas recently cut and plantings) in the construction area and waterway realignment area, outside the RoW. Any unplanned encroachments in natural habitats beyond the temporary work areas, such as the physical encroachment of machinery, spills or the release of sediment in wetlands, would also represent a temporary loss in the event of dead plants.

Several mitigation measures are planned to reduce this potential impact: measures #1, #2, #3, #4, #5, #6, #7, #8, #9, #11, #12, #16, #18, #19, #20, #21, #22, #23, #24, #25, #26, #28, #29, #30, #31, #32, #33, #34, #35, #36, #37, #44, #50, #74, #98, #132, #134, #138 and #147. These measures include the restoration of disturbed areas to recreate the original cover as soon as possible and the use of indigenous species for seeding and planting (mitigation measures #36 and #44).

Changes in the Composition or Structure of Plants and Wetlands

Soil disturbances and the removal of plants during construction could cause the introduction of invasive plant species, which could change the structure of the plant communities over the long term (invasive shrubs can considerably reduce the success of trees seeding in forests and marshes) and displace indigenous plant species.

Through targeted, long-term effort, invasive species can be controlled if they become a problem in the study area. The creation of a new border in plant communities which were previously continuous causes changes in plant species and the structure of the new border as the community adapts to the new sun exposure, etc. The creation of a new border may also have an impact on plants due to the deposit of dust or large trees in the new border due to damage during construction or wind.

Several mitigation measures are planned to reduce this potential impact: measures #46, #47, #48, #49, #98 and #147. These include the cleaning of excavation machinery before their arrival at the construction site to make sure they are free of fragments of invasive plants and to dispose of excavated materials affected by invasive plant species in an appropriate manner (mitigation measures #46 and #48).

Hydrological Impact on Wetlands

Groundwater levels can fluctuate and change temporarily or permanently during construction work. If blasting or excavation work takes place near wetlands that are underlain by impermeable material (i.e., clay till) and the bottom of the adjacent excavation is below the contact between the wetland and till, the water present in the soil may flow into the excavation or ditch depending on the slope between the wetland and the till. This effect may extend to part or all of the wetlands, and even beyond the RoW. The extent of this potential impact remains undetermined however, being mainly associated with the methodology used to assess the impact and heterogeneity of the soil.

Several mitigation measures are planned to reduce this potential impact: measures #9, #16, #19, #37, #147, #A-10, A-43 and #A-48. Among these measures, two merit particular attention. The first foresees the implementation of a dike between the wetlands and the boundary of the bypass RoW if monitoring (measure A-43) reveals that changes in the water table levels affect the drainage of the wetlands outside the RoW. The second one consists of additional financial compensation in the event this measure cannot be successfully or effectively implemented (measure #A-48 – see above).

Measure #A-10 (additional measure identified by the railway operator)

 “If the drawdown of the water table affects drainage of wetlands outside of the RoW, consider, if possible, damming of the wetland at the limit of the RoW to prevent complete drainage of the wetland.”

Measure #A-43 (additional measure identified by the railway operator)

 “A follow-up on groundwater level variation close to wetlands should be performed for a period of two years following the end of the work. This follow-up will include any significant portion of wetlands located outside of the RoW at risk to degrade following significant drawdown of any perch water table or static water table feeding the wetland system.”

Measure #B-9 (additional TC commitment)

“Targeted ecological surveys will be conducted to identify wetland areas at risk that are of greater ecological importance. For the latter, dedicated observation wells will be constructed and instrumented with data sensors to monitor water levels.”

Soil and Water Contamination Affecting the Plants and Groundwater

The project may impact the soil and the ground water in the plants and wetlands due to the accidental spill, storage or disposal of contaminated materials (e.g., rails) during construction. This impact could affect the health and survival of the plants.

Several mitigation measures are planned to reduce this potential impact: measures #1, #2, #8, #9, #11, #12, #16, #20, #21, #22, #23, #24, #25, #26, #132, #134, #138, #147. This includes the preparation and implementation of an environmental response plan in the event of an accidental pollutant spill using environmental response equipment available at the site at all times (measure #12).

7. Other issues

7.1 Municipal wells

All three of the municipalities of Nantes, Lac Mégantic and Frontenac are supplied with drinking water from potable water well(s). Under the Water Withdrawal and Protection Regulation (WWPR), each municipality must set protective boundaries for its water supply facilities and for groundwater vulnerability to identify activities that could affect the quantity and quality of the water it uses. It is therefore important to know the location of the wells in the three municipalities in relation to the bypass route to be able judge the potential impact of the project on the quantity and quality of the water being withdrawn by the municipalities.

The Répertoire des installations municipales de production d'eau potable approvisionnées en eau souterraine by the Ministère de l'Environnement et de la Lutte contre les Changements Climatiques (MELCC) indicates that the municipality of Nantes' groundwater is supplied by a production facility identified as the Système d'approvisionnement sans traitement Nantes secteur village. The available information shows that the Nantes withdrawal facility is located more than 6 km from the bypass project. The project is therefore not likely to have an impact on the municipal well.

The municipality of Lac Mégantic established the protective boundaries for its potable water wells in 2021 as part of the vulnerability assessment of its potable water supply sources, under section 68 of the WWPR. The vulnerability assessment report shows that the municipality's wells are located, at the nearest point, a bit less than one kilometre from the bypass project within the furthest protective boundary for the municipality's wells and that the level of vulnerability for the aquifer in this area is deemed to be at an intermediate level. The hydrogeological study shows that the excavation and drainage work that will be undertaken less than a kilometre from the wells will generate a long-term area of influence of approximately 250 m. The bypass project work will therefore not likely affect the quantity of water used by the municipality. The vulnerability analysis report also mentions that the potential risk associated with the presence of the railway is deemed low based on the analysis grid for the Vulnerability Analysis Guide.

The Répertoire des installations municipales de production d'eau potable approvisionnées en eau souterraine of the MELCC indicates that the municipality of Frontenac's groundwater is supplied by a production facility identified as the Système d'approvisionnement sans traitement Frontenac. The available information shows that the withdrawal facility for Frontenac is located a bit less than 4 km from the bypass project and that the area suppling the potable water is not included in the long-term radius of influence for the project. It is therefore not anticipated that the work on the bypass will affect the quality or quantity of water in the Frontenac municipal potable water wells.

7.2 Buildings and blasting

Some of the excavations in the bedrock will be carried out using a blasting method. This work will generate a certain level of vibrations in the ground as well as a lowering of the groundwater level that could lead to soil compaction in certain cases. Considering the potential impact of these two effects on existing buildings, measure 119 provides for the inspection of buildings in sectors deemed to be at risk prior to the start of blasting operations and the use of a maximum quantity of explosives depending on the distance from the buildings. A plan approved by an engineer will have to be submitted to TC before the work starts. In the exceptional case where damage to buildings resulting from the work is noted, a compensation process will be implemented for the affected owners.

8. Conclusion

Thank you for taking the time to consult our Discussion Guide and for participating in the public consultation for the Lac-Mégantic Bypass Project.

From September 5 to October 7 2022, you will be able to consult all reference documents and submit your comments to us (or any other question regarding the consultation) in writing at the following email address: TC.InfoLacMegantic.TC@tc.gc.ca

Or by mail at the address below (date as postmarked):

Major Transportation Infrastructure Projects Directorate (AHM)
Transport Canada
330 Sparks Street
Ottawa, Ontario K1A 0N5

Those who wish to get information regarding the project and ask questions in person can also do so during the in-person and virtual information sessions organized by Transport Canada.

For all details regarding the consultation and information sessions, please visit the Transport Canada website at: Public consultation on hydrology and measures to mitigate the potential impacts of the Lac-Mégantic rail bypass project (canada.ca)

For additional information regarding the project, including a map of the route, consult the TC webpage dedicated to the project.

Appendix 1
List of mitigation measures

Table 1 – Environmental mitigation measures derived from the provincial environmental assessment process.

No

Soil Protection

1

Minimize stripping, clearing, excavating, backfilling and grading of work areas to mitigate environmental impact and prevent erosion.

2

Choose construction equipment adapted to the characteristics of the site (type of soil, time of year, environmental sensitivity, etc.) in order to limit their impact on the environment.

3

Limit the movement of material to the access roads, the RoW and planned work areas.

4

In areas known to be sensitive, such as watercourse crossings and steep slopes, mark accesses and construction work areas as required before construction works begin and prohibit the passage of machinery outside the marked areas.

5

Strip service and storage areas and keep aside the topsoil for site remediation upon completion of the construction works.

6

Upon completion of construction works in an area, the topsoil set aside at the beginning must be spread over the entire disturbed area that can be revegetated. The soil must be scarified to a minimum depth of 25 cm to facilitate revegetation.

7

The contractor must fill ruts more than 20 cm deep as the work progresses.

8

Install temporary retention structures (straw bales or geotextile barriers, filter berms and sediment traps) and provide mechanical protection devices (geotextile membrane, rockfill) to reduce bank erosion along all watercourses crossed or located near construction work areas, during the construction period.

9

Following the construction works, restore drainage and stabilize soils susceptible to erosion

10

The contractor must maintain its equipment in good working order and inspect its equipment daily to reduce contaminant leakage from machinery use.

11

Fuel must always be handled more than 30 m from a watercourse and sufficient absorbents must be available nearby. When the work is located near wetlands or water bodies, a petroleum product spill kit must also be available at the construction site.

12

In the event of an accidental spill of polluting products, all spills on CP's property must be reported to the CPPS Police Communications Centre to initiate the environmental response plan and proceed to external reporting. Environment will be made aware of any spills. The environmental response plan will be transmitted to TC prior to the Construction Phase, and emergency response equipment will be available at all times on the site. In a case of a spill, the material will be recovered, treated and/or disposed according to regulations.

13

An Environmental Phase II Environmental Site Assessment (ESA) should be carried out.

14

The Environmental Phase II ESA report must be submitted to TC.

15

All materials (sub ballast, ballast, etc.) used for the construction of the railway must be free of anthropogenic contamination.

PROTECTION OF WATER QUALITY

16

Carry out excavation work and placement of materials from the shore; do not allow any vehicle or machinery traffic in the watercourse; install temporary culverts or bridges to ensure the crossing of watercourses; limit vehicle traffic as much as possible when they are within 5 m of the natural high-water mark of a watercourse or wetland.

17

Do not stack organic material or fill within 20 m of a watercourse or wetland.

18

Limit deforestation as much as possible near watercourses and wetlands; within a distance of 20 m or less from the high-water mark, preserve vegetation cover and stumps where possible.

19

Remove any debris resulting from the construction work that could affect flow or water quality

20

Direct runoff and drainage waters so it bypasses the construction work area and fill storage areas.

21

Limit the exposure period of exposed soils; install temporary erosion control measures in areas at risk and sediment barriers between the construction work and the watercourse in excavation and backfill areas located less than 20 m from the high-water mark of a watercourse.

22

Carry out construction work in a watercourse outside the flood period; install sediment barriers to limit sediment dispersion.

23

Use clean, contamination-free backfill materials

24

Maintain machinery, refueling and storage of controlled materials in an area more than 30 m from a watercourse or wetland.

25

Use biodegradable hydraulic oils for machinery used in watercourses.

26

Ensure waste management on the work site to avoid water contamination; remove waste and non-biodegradable control measures upon completion of the work.

27

Develop a rail and ballast maintenance program that takes into account sensitive environments such as watercourses. When managing vegetation in the ballast and along the RoW, only products approved by the Pest Management Regulatory Agency for railway RoWs and industrial sites will be used. Further, all product label requirements (and specifically the minimum setbacks from environmentally sensitive features) will be adhered to.

28

In the event that construction work for the railway bridge must be carried out on the Chaudière River floodplain, this work will have to be carried out in the dry. If the work cannot be carried out in the dry, the work area will have to be dewatered using a cofferdam.

PROTECTION OF LAND VEGETATION

29

Prior to the start of construction work, document the existing environment using videos and photos. The information gathered must be used to restore the site to its original state, with the exception of the RoW.

30

Use the RoW as much as possible to access construction sites and the development of construction work areas to minimize areas to be cleared. If necessary, use sites that are already cleared or disturbed.

31

Wherever possible, minimize areas to be deforested and conserve vegetation by fully marking areas to be deforested and avoiding overtopping. Be sure to delimit the protection perimeters of trees and shrubs (2 m), vegetation islands and wooded areas (3 m) and to fence off the protection perimeters of the riparian strip of watercourses and wetlands to be conserved.

32

Unless grubbing and stripping are required for the work in question, deforestation methods must avoid uprooting stumps and roots.

33

Conduct tree felling in a manner to avoid damaging the forest edge and to prevent trees from falling into a watercourse or outside of deforestation boundaries.

34

Recover all commercial-sized wood and chip wood residues and spread them on site where possible; reuse forest flooring as well.

35

All heavy equipment circulation, material storage and all excavation, clearing, backfilling or grubbing works must be located more than 2 m from the trunks of nearby trees and shrubs and more than 3 m from the edge of a wooded area to be preserved

36

In deforested temporary work areas, restore surface areas to recreate original cover as soon as possible after construction; use native species of shrubs and trees for seeding and planting.

37

Respect and re-establish, if necessary, the normal flow of surface water mainly near poorly drained areas and basins.

38

Prefer mechanical control of shrub vegetation in the RoW over the use of chemical herbicides.

39

Implement compensation measures for the loss of forested areas in a 1:1 ratio. Where possible, planting should be carried out within the boundaries of the three municipalities. If not possible, the plantations may be carried out elsewhere on the county territory. The plantations will have to be monitored over 10 years. The objective is to achieve a survival rate of at least 80% of planted trees after 10 years. Follow-up reports should be provided after 1, 4 and 10 years. New plantations to replace dead trees should be planned as early as the fourth year of monitoring.

PROTECTION OF WETLANDS AND BODIES OF WATER

40

Review the final layout of the Project's temporary facilities in order to minimize the areas of wetlands (mainly open marshes and peat bogs) likely to be affected, avoiding them if possible.

41

During the design and engineering phase, a detailed drainage study will be competed along the RoW. Measures will be included to ensure the existing drainage paths and water balances of natural features are not significantly altered by the construction of the railway.

42

Ensure that maintenance equipment and machinery are in good condition.

43

The losses of wetlands and water bodies caused by the completion of the Project will have to be compensated by the payment of an amount of $4,863,530 to the Fonds de protection de l'environnement et du domaine hydrique de l'État. Payment of this financial contribution must be made before the start of construction work.

44

The wetlands and water bodies that will be temporarily affected by the completion of the construction work must be restored.

45

The hydraulic study that will be carried out for the construction of the railway bridge crossing the Chaudière River must be submitted to TC ahead of the construction.

PROTECTION AGAINST INVASIVE EXOTIC PLANT SPECIES

46

Clean excavating machinery before arriving at construction work sites to ensure that it is free of invasive plant fragments. If the machinery is to be used in areas affected by invasive plants, it should be cleaned before being used again in non-affected areas. Cleaning should be done in areas that are not conducive to seed germination, at least 30 m away from watercourses, water bodies and wetlands and threatened or vulnerable plant species.

47

Clearly identify areas of invasive plant species to avoid walking nearby if not required and to properly manage soils and machinery if the area is within the RoW.

48

Dispose of excavated materials affected by invasive plant species by burying it on site, in areas where excavation work is planned, in a 2 m deep pit and then covering it with at least 1 m of unaffected material or by disposing of it in a landfill.

49

Ensure that the backfill material and topsoil to be used are not contaminated with invasive plant species.

50

As soon as possible upon completion of construction works, restore areas including revegetation of exposed soils with an appropriate seed mixture. However, this measure will not be applied in areas heavily contaminated by an invasive plant species; i.e., when the plant is present in large numbers beyond the limits of terracing.

PROTECTION OF ICHTHYOFAUNA AND THEIR HABITAT

51

Carry out excavation and installation of materials in permanent watercourses during the period of June 15 to September 5 as recommended by Fisheries and Oceans Canada.

52

Wherever possible, ensure that the surface riprap material placed in the high-water mark area has the same granulometry as the natural environment.

53

In fish habitat, favour open circuit or simulated stream culverts to allow for the streambed restoration.

54

Culvert construction will meet the requirements of DFO guidelines (DFO, 2016).

PROTECTION OF BIRDLIFE AND ITS HABITAT

55

RoW clearing activities will take place outside the nesting and rearing period for forest bird broods, i.e., outside the period from April 15 to August 15. However, clear-cutting could be carried out during that period in accordance with the Migratory Birds Convention Act.

PROTECTION OF TERRESTRIAL WILDLIFE AND ITS HABITAT

56

Avoid encroachment on the banks of the Chaudière River.

57

Recommend the use of two levels culverts (wooden shelf) so that they can be used by small wildlife to cross under the RoW.

58

A footbridge must be installed for the small fauna in the culvert located at station 24+3503.

59

Stream salamanders: Excavations under wood debris and rocks in areas likely to be disturbed by the installation of culverts must be carried out to capture any salamanders that may be found there.

60

Stream salamanders: Captured individuals will be released immediately into the watercourse at a minimum distance of 25 m downstream from the boundary of the disturbed area.

PROTECTION OF LAND AND BUILDINGS

61

Initiate discussions with impact owners to implement private agreements as much as possible and avoid expropriation.

62

Impacted owners will be financially compensated for the acquisition of their building and lands.

63

Owners of fragmented land will be financially compensated. These compensations will take into account, in each case, the fragmentation of lands and changes in access conditions.

64

Install farm crossings so that owners retain access and maintain their usual forestry and farming activities.

65

In the southern part of the route, install an overpass at the road leading to the 3e Rang of Frontenac so that the owners maintain their access and their usual forestry agricultural activities.

66

Acquire small residual parcel of lands between two RoWs.

67

Permanent access roads for landowners should be designed to support the loads of vehicles used locally and vehicles normally used on public roads.

68

In the event that farm roads must be laid out outside the Project RoW to allow the owners to reach the access roads and level crossings located in the RoW, the initiator must be responsible for the associated costs related to the development of these roads as well as the costs related to encroachment in wetlands and water bodies, if applicable.

STIMULATION OF THE LOCAL AND REGIONAL ECONOMY

69

At the local level, in conjunction with the Employment office of the City of Lac-Mégantic, establish a list of persons residing in the area (Lac-Mégantic - Frontenac and Nantes mainly) who wish to apply for jobs related to the Project, publicize this list and forward it to construction companies wishing to bid on the Project.

70

Furthermore, in order to broaden the labour pool that could contribute to the Project, rely on the Défi Carrière Mégantic project led by the Société de développement économique du Granit, a project that supports businesses in their recruitment strategies and energizes the local economy by promoting the attraction and retention of labour from outside the MRC du Granit, mainly immigrants.

71

Publicize the Construction Phase in the region via the Chamber of commerce and any other economic organizations in order to establish a list of local contractors with the capacity to bid on the Project or to offer participation in one of the teams bidding on the Project.

PROTECTION OF AGRICULTURAL AND FORESTRY ACTIVITIES

72

The impacted owners will be financially compensated for the acquisition of their lands used for agricultural and/or forestry purposes.

73

With respect to forest lands, during the compensation process, identify sugar bushes in operation and investments that have been made so that the impacted owners are fairly compensated.

74

In areas to be deforested, wherever possible, minimize areas to be deforested and conserve vegetation by fully marking the areas to be deforested and avoiding any overtopping, with the exception of the RoW.

75

Where applicable, before beginning deforestation of the RoW close to sugar bush operations, ensure that sap harvesting equipment has been removed by the landowner.

76

The owners of the fragmented land (or parcel of lands) will be financially compensated. Such compensation will take into account, in each case, the fragmentation of lands and changes to its access conditions.

77

Where appropriate, impacted owners affected by greater difficulties related to cultivation operations will be financially compensated.

78

Inform impacted farmers (landlords and tenants) as soon as possible of the work schedule so that they can take it into account in their planning. An agreement must be in place with each landlord before any intervention on private lands.

79

In agricultural areas, use only a marked runway no more than 8 m wide for construction equipment; reduce traffic around work areas and ensure that the runway does not constitute an obstacle preventing the farmers from accessing neighbouring plots.

INFRASTRUCTURE PROTECTION

80

Communicate with the Public Utility companies and municipalities that own public utility infrastructure and define with them intervention methods to protect these infrastructures during the construction.

81

Complete a field identification, consult the plans and protect public utility infrastructure along or across the future railway line in accordance with the terms established with the owners of these infrastructure; in the event of breakage, repairs must be carried out as quickly as possible in accordance with the prescriptions to be issued by the owners.

82

Agreements or easements to be put in place in order to ensure the maintenance of water and sewer pipes.

83

Protect the pipes that will be in the railway RoW using recognized methods, and approved by both parties in the agreement.

84

Favour the use of the new RoW as the main access to the construction work areas and limit, as much as possible, the movement of machinery to the work areas included in this RoW.

85

Require the contractor to request authorization to use the municipal roads or private roads before the construction work begins.

86

Require the contractor to rehabilitate the roads used during construction to the satisfaction of the municipalities or private road owners.

87

Clean, reinforce and repair, if necessary, roads used to access the sites.

PROTECTION OF RECREATIONAL AND TOURISM ACTIVITIES

88

The necessary temporary detours during the construction work, and permanent detours during the operation of the Project, will be clearly identified by standardized signage.

89

Discuss with snowmobile and ATV clubs, representatives from the Route Verte and the impacted owners to decide on a relocation of trails that is suitable for everyone.

90

Where required, fences will be provided.

91

Operation Lifesaver is a national public education program sponsored by the Railway Association of Canada and TC, with whom affected communities may contact.

TRAFFIC PROTECTION

92

Establish traffic management plans and have them rigorously respected during the construction work. Establish adequate and clear signage during the construction work and work with the Sûreté du Quebec.

93

Identify specific areas for workers' parking.

94

Limit the duration of temporary road lane closings to a minimum and take adequate measures to direct users to the bypass lanes.

95

Ensure that residents located close to the construction work are kept informed of the construction work schedule and of any modification that may occur in their planning and progress, in particular with regard to traffic constraints.

96

(Detours and modification of traffic patterns). Plan the work schedule for the level crossings on Road 161.

97

The population must be kept informed of the progress of the construction work and the schedule must be planned in order to avoid to the maximum extent possible interventions during peak hours and minimize disruption to local traffic.

PROTECTION OF AIR QUALITY

98

Spread a dust suppressant (or water) in areas where the dust could become a nuisance for some residents.

PROTECTION OF THE SOUND CLIMATE

99

Perform a noise impacts study of construction activities for the various sensitive areas (residences located within a radius of 300 m from the work areas) as soon as the information is available. This study will have to be completed and transmitted to TC prior to the start of the Construction Phase.

100

Advise residents of sensitive areas ahead of construction work periods, especially near inhabited areas.

101

In sensitive areas, noisy works must be carried out during the day, preferably between 7:00 a.m. and 7:00 p.m., and Monday to Saturday.

102

Notify authorities and residents located in sensitive areas ahead of time in the event of noisy and time-limited activities (e.g., blasting).

103

Move the noisiest equipment as far as possible from sensitive areas.

104

Motorized equipment, compressors or other noisy equipment should be equipped with silencers or acoustic enclosures; hydraulic hammers should have anti-noise devices; reversing alarms should be dimmable with white noise and/or strobe light.

105

Prohibit the use of engine brakes and require the engines to be stopped for vehicles on standby, depending on seasons and weather.

106

Establish a mechanism for recording complaints and a mechanism for immediate monitoring of complaints during the railway Construction Phase.

107

Set up an acoustic monitoring program during the Construction Phase to ensure compliance with Health Canada (2017) noise limits. This program will include, but not be limited to, the following elements: sensitive sectors and measurement points, type of sound recordings, description of activities, evaluation of the reference sound level before the start of construction work, schedule of acoustic monitoring, procedure in case of complaints. In the event that the noise limits are exceeded, mitigation measures will be implemented to reduce the noise from the activities concerned (e.g., temporary acoustic screens).

108

CMQR must consider the list of mitigation measures presented in Appendix H -Health Canada document (2017), and include the relevant measures for the Project to CP's SSR in order for the contractor to implement those measures.

109

Install anti-noise barriers (such as screen, mounds, concrete or wooden fences, or any other suitable method) along the railway, near the two sensitive sectors SS03 and SS04. In the event that the screens built are mounds, two anti-noise barriers would be erected in the sector SS03 - rue Pie-XI: a barrier of 4.5 m high along the railroad tracks south of the latter for about 480 m long and a barrier of 6,5m high running along the railway north of the latter about 440 m long and a barrier would be erected in the sector SS04 - rue Wolfe: a barrier whose summit is at elevation 413 (about 5 m high) and 350 m long south of the railway. In the event that the screens are not mounds, a new noise modelling study will be carried out during the plans and design phase to confirm the methods used and the height of the barriers necessary to comply with noise levels recommended by Health Canada (2017).

LANDSCAPE PROTECTION

110

Landowners will be offered the possibility of planting trees or shrubs on their private lands at the edge of the RoW.

111

Plantation of shrub and tree species (conifers and hardwoods) on the south side of rue Salaberry.

112

Plantation of shrub species (conifers and hardwoods) along Road 161.

113

In the event that the anti-noise barriers are screen mounds, they will have to be planted.

PROTECTION OF ARCHAEOLOGICAL HERITAGE

114

The four areas with high archaeological potential identified throughout the proposed bypass railway route will be the subject of an exhaustive archaeological inventory. These areas will be systematically assessed by visual inspections and exploratory archaeological surveys.

115

Regardless of the results of the archaeological inventories, site managers must be informed of the obligation to report any discovery to their supervisor and, if necessary, must interrupt construction work at the site of the discovery until it has been fully evaluated by archaeology experts. In the event of the discovery of archaeological sites, this discovery will be treated by temporary protection measures, an assessment will be conducted and, if necessary, archaeological excavation will be completed.

DISMANTLING RAILROAD TRACKS CURRENTLY RUNNING THROUGH DOWNTOWN AREA

116

The existing railway track currently crossing the city center will have to be dismantled once the bypass is in operation.

117

A Phase II Site assessment of the contaminated soil located under the dismantled track must be carried out and, if necessary, the soil must be remediated.

SIDING PLANNED IN THE MUNICIPALITY OF FRONTENAC

118

The siding originally planned in Frontenac will be relocated in the industrial park of the town of Lac-Mégantic.

PROTECTION OF BUILDINGS AGAINST VIBRATIONS AND THE RISKS OF MIGRATING CARBON MONOXIDE

119

In the event that blasting is required, a detailed inspection must be carried out on buildings located in sensitive areas (according to Appendix C of the letter from the MELCC to TC (MELCC, 2020b)), prior to the blasting work. A plan approved by an engineer will have to be submitted to TC before the work starts.

120

Instruments to measure the velocity wave propagation during detonations should be installed. The vibration monitoring method and frequency calculation must be approved by an engineer.

121

Tire mats or other appropriate heavy blast mats should be used to avoid flying rocks.

122

The permitted speeds must comply with the National Building Code of Canada.

123

The initiator must comply with Canadian standards for blasting excavation work.

124

The initiator must rely on a vibration specialist to determine whether it is necessary to set up vibration mitigation measures to protect the two residences on rue Pie-XI located less than 75m from the bypass.

MONITORING OF DRINKING WATER WELLS

125

Make an inventory of all the wells located to a minimum of 200 m of the RoW before the construction work begins.

126

In a 200 m zone of the RoW, take special precautions during construction work so as not to damage or contaminate drinking water wells (e.g., control of blasting works to limit vibrations on wells).

127

Follow up on drinking water wells at risk for a period of two years following the end of the work. This follow-up will include all wells located within a minimum radius of 200 m from the limit of the Project's RoW, as well as all other wells deemed necessary based on scientific studies. The environmental monitoring protocol for wells at risk must be submitted to TC ahead of construction work. In the event that water flow problems or water contamination should occur due to the presence of the railway, new wells will have to be built at no cost to the owners.

128

An initial characterization of the wells to be monitored will need to be conducted. This characterization would require at least:

  • Verification of the static water level in the well;
  • Verification of the hydraulic behaviour of the well under conditions of regular use; this by installing a probe that records changes in the water level for 24 hours of normal use of the well by residents.

A physicochemical characterization of the water will be done using a raw water sample from the well (the exact parameters will have to be specified, but overall: major ions, pH, conductivity, iron and manganese).

129

A follow-up report must be submitted to TC no later than six months after the end of the follow-up. The report shall contain all of the elements described in the appendix of the letter from the MELCC to TC (MELCC, 2020b).

130

If the situation requires, following validation by TC, specific mitigation measures must be identified and applied by the initiator. If necessary, these mitigation measures should be subject to additional monitoring in order to validate their effectiveness.

RESIDUAL MATERIAL MANAGEMENT

131

If the situation requires, following validation by TC, specific mitigation measures must be identified and applied by the initiator. If necessary, these mitigation measures should be subject to additional monitoring in order to validate their effectiveness.

DISPOSAL OF EXCESS SPOIL

132

Disposal areas of surplus materials must be located at a minimum distance of 30 m from a lake, a stream with a regular flow, a shrub swamp bordering one of these environments or a marsh as well as 100 m from an open bog.

133

If it becomes necessary to reuse excess materials, the materials should be separated into different categories such as overburden, organic matter and riprap.

134

Erosion and sedimentation control measures must be put in place to decant the drainage water before it is discharged into the natural drainage network and ensure that it meets the requirements of the CCME.

135

The slopes of excess materials must be stable.

PROFESSIONAL PSYCHOSOCIAL SUPPORT SERVICES

136

Recurring funding of $180,000 per year will have to be allocated to the psychosocial team that was established in 2013 by the Public Health Department of Estrie to support the population. This funding will ensure the continued hiring of one professional full time and two professionals part-time who are not currently funded on a recurring basis and will allow the team to maintain its current capacity to act. This funding will start when the current, non-recurring funding ends in April 2021 and will last for 4 years until April 2025.

137

Non-recurrent funding of $365,000 is to be granted to the Direction de santé publique (DSPu) de l'Estrie to carry out a follow-up study of the psychological and social impacts that will be carried out jointly with the Institut national de santé publique du Quebec under the coordination of the DSPu Estrie.

TEMPORARY STORAGE AREAS FOR CREOSOTE-TREATED WOOD RAILWAY TIES

138

Stockpiling of treated wood prior to distribution along the RoW will only occur in designated areas away from sensitive environmental feature and domestic water wells to prevent the potential for contamination.

MEASURES RELATED TO COMPLIANCE WITH THE FEDERAL SPECIES AT RISK ACT

139

Compensatory measures could be implemented as part of the restoration of the existing RoW, recreating habitats for birds nesting.

140

RoW clearing activities will take place outside the nesting and rearing period for forest bird broods, i.e., outside the period from April 15 to August 15. However, clear-cutting could be carried out during that period in accordance with the Migratory Birds Convention Act. This will be a contractual requirement in the tender documents and the work will be phased accordingly.

141

It is also recommended avoiding construction works likely to alter the nests of field birds, including the bobolink, such as filling and excavation during this same nesting period in the region (mid-April to the end of August). However, clear-cutting could be carried out during that period in accordance with the Migratory Birds Convention Act.

142

As an additional measure, we recommend monitoring potential nesting places of the bank swallow during the construction work, i.e., the quarries and sand pits from which the materials will come for the construction of the railway, as well as the banks of the Chaudière River on the site of the construction of the future bridge. If necessary, construction work on the sites colonized by the swallows should cease and be postponed after the nesting period for this species, which runs from May 15 to August 3 in the region. However, clear-cutting could be carried out during that period in accordance with the Migratory Birds Convention Act.

143

Additional inventories for the short-eared owl are recommended, given the presence of potential habitat for nesting in the local study area.

144

Deforestation work must be carried out outside of the bat birthing and rearing period, which is a restricted period that generally runs from May 15 to mid-August. In addition, if a maternity habitat is discovered during the Project, it must be subject to special attention and disturbances should be avoided during the period mentioned above.

MEASURES FROM THE FIRST NATIONS CONSULTATION PROCESS

145

Mitigation measures for flora and fauna should be planned relating to the maintenance of railways during the operating phase (i.e., brush cutting).

146

This measure has been removed from this list as it is considered to be included in other more general mitigation measures.

147

A follow-up and monitoring program for the physical and biological environment should be put in place.

148

If the Project could have an impact on the rights, interests and activities of the Huron-Wendat Nation, a follow-up program would be required to that effect.

149

Ensure the integration of First Nations in the archaeological process, in particular:

  • Informing them regularly on the progress of the work;
  • By giving them the opportunity to review and comment on work plans and reports;
  • Ensuring the integration of one of their representatives in the field work; and
  • Collaborating with them when a discovery of interest is made in order to determine the appropriate course of action.

Annex A – Monitoring report on at-risk drinking water wells

The monitoring report on at-risk drinking water wells must contain the following elements:

  • a complete inventory of all wells in the study area;
  • an assessment of the project's potential impact on each well inventoried as well as on the municipal wells (quality and quantity). The impact analysis must be completed for the construction and operation periods as well as in the event of an accidental spill;
  • the mitigation measures that could apply on a case-by-case basis.

The complete inventory of existing wells must provide as much information as possible to establish the initial condition of the wells and anticipate the project's potential impact on them. Below is a non-comprehensive list of information that the professional must provide in their report (other parameters may be added based on the local hydrogeological situation and the particularities of the project):

  • well location: GPS coordinates, address and diagram of the well's location on the property in relation to existing infrastructure;
  • data on the well's general construction: year of construction, total depth, diameter, presence of a perforated casing or not, pump depth, well casing length, coping height, static water level and drilling report if available;
  • type of aquifer being pumped: fractured rock or sediment;
  • general water use: drinking water (number of people served), livestock watering, irrigation, unused, used on a continuous or temporary basis (at what frequency);
  • general water quality according to the owner: transparency, taste, smell, specific characteristics, variability in water quality on a recurring (or seasonal) basis;
  • if there is a treatment system in place, describe the type or the treatments used;
  • does the owner experience a water shortage on a recurring (or seasonal) basis?

Private wells that are part of the inventory must be sampled. The samples must be analyzed by a certified laboratory, ideally for the following parameters: 

  • physicochemical parameters (temperature, pH, electrical conductivity and turbidity);
  • microbiological parameters (total coliform and enterococci or E. coli);
  • inorganic analyses (bicarbonates, chlorides, total residual chloride, true colour, dissolved and total solids, sulphates and calculated hardness);
  • total metals (antimony, arsenic, barium, boron, bromates, cadmium, calcium, chloramines, chlorates, chlorites, chrome, copper, cyanides, iron, magnesium fluorides, manganese, mercury, nitrates-nitrites, nitrites, lead, selenium, sodium, strontium, uranium and zinc).

Other parameters may be added to this list to cover any potential source of contamination (natural or anthropogenic) that might be encountered near the site, taking the particularities of the project into account.

The inventory report must present all information requested above as well as:

  • a map locating the project and inventoried wells;
  • a summary of the well inventory in the form of a table;
  • a summary of the well water quality analysis results in the form of a table;
  • a list of the visual observations and particular problems encountered during the field work;
  • a copy of the description sheets for each well inventoried that has general information on the wells;
  • copies of the official analysis certificates for the water samples from the inventoried wells.
Annex B – Quantity of explosives that may be used based on the distance from the nearest building to be protected. This table should be used to determine the distance up to which buildings should be inspected prior to blasting

Blasting distance

Maximum quantity of explosives detonated in less than 8 milliseconds

 

Metric (W in kg and D in m)

Imperial (W in lbs and D in ft)

Less than 92 m (300 ft)

W = (D/22.6)2

W = (D/50)2

92 m to 1524 m (301 to 5000 ft)

W = (D/24.9)2

W = (D/55)2

More than 1524 m (more than 5000 ft)

W = (D/29.4)2

W = (D/65)2

W = maximum quantity of explosives (in kilograms or pounds) that can be detonated in less than 8 milliseconds

D = distance required between the blast zone and the nearest structure to be protected

Table 2 – Additional mitigation measures identified by the railway operator

#A-1

Whenever possible, limit drop heights to 2 meters at transfer points.

#A-2

During sustained high winds, increase the use of dust suppressant as necessary.

#A-3

Implement an on-site vehicle speed limit to minimize dust from vehicle movement.

#A-4

On-site vehicle engines to comply with exhaust emission tier 3 rating or higher.

#A-5

Minimize the use of diesel and gasoline-powered equipment.

#A-6

Where practicable, use electricity-powered equipment.

#A-7

Minimize idle time of equipment and vehicle engines.

#A-8

Whenever possible, minimize/reduce the number of vehicle trips or total vehicle kilometers travelled of diesel-powered vehicles on-site.

#A-9

Limit where possible tailgate impulsive noise by slowing descent rate of a dump truck bed.

#A-10

If the drawdown of the water table affects drainage of wetlands outside of the RoW, consider, if possible, damming of the wetland at the limit of the RoW to prevent complete drainage of the wetland.

#A-11

All short-term, construction-related water takings from surface water and/or groundwater sources, as well as any associated water diversions (active or passive) and discharge activities, will be conducted in accordance with the relevant regulations and guidelines from provincial and/or federal agencies, as well as industry standard best management practices.

#A-12

All watercourse crossing structures will be implemented in accordance with the Guidelines for Watercourse Crossings in Quebec (DFO, 2016), with the understanding that the detailed design phase of the Project will be used to confirm key functions/requirements at all structures (e.g., conveyance of the design flood without overtopping, maintenance of fish passage for watercourses that support fish, and maintenance or enhancement of erosion-sedimentation processes downstream of the crossing location).

#A-13

All of the required channel works at watercourses (including new channel construction to support watercourse realignment activities, modifications to bed and banks of existing channels in the vicinity of crossing structures, etc.) will be completed in accordance with the principals of natural channel design and river engineering.

#A-14

Environmental monitoring will be completed in areas downstream of the proposed channel realignment/diversion works during and following construction to verify that the form and function of the receiving channel is sufficiently maintained, with the understanding that, in the event that channel stability is shown to be adversely affected by changes to the local flow regime (i.e., addition of flow inputs from adjacent watersheds), a mitigation plan will be developed and implemented accordingly.

#A-15

Compensatory measures could be implemented as part of the restoration of the existing RoW at watercourse crossings and channel realignment locations, recreating habitats for SAR fish.

#A-16

The planning of the Project considered designs to provide additional benefits to the fishery in terms of increasing habitat quality and quantity of resident species, through the application of guiding principles listed in DFO's Fisheries Productivity Investment Policy, where applicable (DFO, 2020).

#A-17

All project works and activities will avoid adverse effects to fish and fish habitat through following DFO's measures to protect fish and fish habitat (DFO, 2019).

#A-18

Fish rescue and removal, including freshwater mussels, will take place in all isolated work areas prior to in water construction. All fish will be relocated to suitable habitats (preferably in the same waterbody, immediately upstream or downstream of the isolated work area). Fish rescues will be completed by an environmental professional and a SEG permit will be obtained. All conditions of the SEG permit will be followed during the fish rescue/removals.

#A-19

Temporary isolation and Crossing methods required for construction will meet the requirements of DFO Interim Code of Practice for Temporary Cofferdams and Diversion Channels (DFO, 2021c).

#A-20

Use of water withdrawal pumps and pipes required for construction will meet the requirements of DFO Interim Code of Practice for End-of-Pipe Fish Protection Screens for Small Water Intakes in Freshwater (DFO, 2021d).

#A-21

Blasting activities will follow industry standard Best Management Practices, applicable federal regulations, and Fisheries and Oceans Canada guidelines for use of explosives (Wright and Hopky, 1998).

#A-22

Set back distances required for blasting will be identified in the blasting plan (as part of the blasting plan to be developed by the Contractor).

#A-23

For work carried out within 100 m of a waterbody, a watercourse or a wetland: cover all stockpiled granular materials in June and July to prevent nesting by turtles in the materials; and, install exclusion fencing around work areas during this same time period, such as heavy-duty sediment and erosion control fencing, to prevent turtle nesting.

#A-24

Prepare an Awareness Package highlighting species at risk that may be present in or near the work area, including information on identification, legal protection, and encounter procedures to be followed in the event that a species at risk or any wildlife (including an active den or nest) is encountered. The Awareness Package is to be available at each construction office, and all construction staff should be made aware of the content through specific training.

#A-25

The fluidity of the traffic flow must be preserved during construction works.

#A-26

All work zones must ensure the safety of workers and road users.

#A-27

Proper and uniform signage must be used to guide vehicles through the work zone in an efficient manner.

#A-28

Emergency services must be constantly informed of the traffic management plan, where and when roads are closed.

#A-29

Detours and bypass lanes constructed must be wide enough to accommodate emergency vehicles.

#A-30

The roadwork involved at each crossing is expected to take more than 24hr to complete; as such they are considered roadworks of long duration as defined by the MTQ. Therefore, signage standards related to long duration works will be used at roadwork approaches. The signage must remain in place as long as the road is

obstructed, and traffic flow has not returned to normal

#A-31

To minimize the impact on traffic and to ensure fluid movement of heavy machinery and transportation of material, where practicable, construct truck haul route along the new railway track inside the RoW.

#A-32

Where practicable, construction traffic will prioritize the usage of the rail corridor haul roads over the use of municipal roadways. Earth hauling operations will utilize provincial highways such as Road 161 for the transfer of material that is not completed with the Project RoW. For hauling operations, municipal roads will be utilized to connect the Project to the provincial roadways.

#A-33

For track construction, as much material as possible (ties, rail, ballast) will be brought to site via CP's existing infrastructure network, with the remaining materials imported on provincial roadways.

#A-34

Conduct phase 2 of the archaeological inventory as recommended by Ethnoscop (2021).

#A-35

Consider selecting materials that fit well into the current landscape.

#A-36

Whenever possible, store construction materials in places that are not very noticeable to observers.

#A-37

Direct lighting to work areas where there is activity, not to all sites.

#A-38

Use minimum lighting adapted to the activities and to ensure safety.

#A-39

Make sure that the email address for questions on the Project, TC.InfoLacMegantic.TC@tc.gc.ca, continues to be operational and efficient during the Construction Phase and the start of the Operation Phase.

#A-40

Minimize the use of diesel and gasoline-powered equipment during maintenance activities as much as possible

#A-41

A noise assessment has been completed (Golder, 2021c) and recommendations for anti-noise barriers have changed and been updated. Anti-noise barriers will be required in sector SS02, SS03 and SS04. The characteristics of these anti-noise barriers will be determined during detailed engineering and they will be validated by model.

#A-42

All materials (sub ballast, ballast, etc.) used for the maintenance of the railway must be free of anthropogenic contamination.

#A-43

A follow-up on groundwater level variation close to wetlands should be performed for a period of two years following the end of the work. This follow-up will include any significant portion of wetlands located outside of the RoW at risk to degrade following significant drawdown of any perch water table or static water table feeding the wetland system.

#A-44

Culvert Maintenance activities will meet the requirements of DFO Interim Code of Practice for Culvert Maintenance (DFO, 2021e).

#A-45

Beaver Dam removal activities will meet the requirements of DFO Interim Code of Practice for Beaver Dam Removal (DFO, 2021f).

#A-46

If any vegetation clearing will take place during the core nesting period for breeding birds (April 15-August 15) a qualified biologist must perform a nest survey to identify active nests in the work area. Nest surveys are to be performed three consecutive days in advance of clearing; any identified active nests are to receive a minimum 50 m radius buffer and a 10 m wide corridor to the adjacent undisturbed habitat. The buffer and corridor are to remain intact until the nest is no longer active.

#A-47

Whenever possible, prioritize local/regional businesses in contract awarding.

#A-48

If the loss of wetlands outside of the RoW by the drawdown of the water table is unavoidable, compensate this loss with an additional payment to the Fonds de protection de l'environnement et du domaine hydrique de l'État.

#A-49

Additional archaeological excavation work needs to be completed at site BjEr-10 before the construction activities of the Project in this area.

#A-50

Removal and/or protection of artifacts from site BjEr-11 should be planned and carried out before the construction activities of the Project in this area.

#A-51

Complete the assessment of the old house before the Construction Phase of the Project.

#A-52

An update of the noise and vibration assessment report (Golder 2021c) will be prepared to determine the precise location and characteristics of the anti-noise barriers.
Table 3 – Additional mitigation measures identified by Transports Canada

#B-1

In addition to the wells being inventoried and monitored within 200 m of the RoW (Measure # 125), wells located at a distance greater than 200 m of the RoW yet inside the potential long-term area of influence identified in the hydrogeological study will be inventoried to ensure that any potential at risk drinking water wells are identified and documented.

#B-2

If the water table has not stabilized by the end of the two-year time frame, then those at-risk potable water wells will continue to be monitored until stabilization occurs.

#B-3

For the most at-risk receiving environments in terms of domestic water supply, dedicated observation wells will be installed and instrumented with data sensors to monitor the water level.

#B-4

The groundwater monitoring program will establish intervention thresholds for groundwater level and quality prior to work commencing that will make it possible to quickly determine the extent of lowering of wells water levels at which it will be necessary to intervene in order to ensure a constant supply of drinking water to citizens.

#B-5

Intervention thresholds will allow for rapid response to determine additional mitigation measures to be put in place and to ensure a safe water supply for residents. If despite this monitoring a well must be replaced under Measure 127 or if there is a water quality issue related to the bypass project, potable water will be provided at no cost until the situation is resolved or the new well is constructed.

#B-6

Ensure potable well water quality during the monitoring period. If potable water criteria are exceeded or quality decreased as a result of the works, water treatment systems will be installed as needed at no cost to the resident.

#B-7

Data from the geotechnical and hydrogeological studies, such as borehole logs and groundwater levels, will be made available to the City of Lac Mégantic to refine the DRASTIC index along the RoW for the purpose of updating its analysis of the vulnerability of drinking water supply sources as per article 68 of the “Règlement sur le prélèvement des eaux et leur protection” (Q-2, r.35.2).

#B-8

Instrumented observation well(s) will be installed in a nearby watershed of similar nature, unaffected by the project (or by human withdrawals), to serve as a baseline to identify fluctuations in the water table caused by seasonal factors.

#B-9

Targeted ecological surveys will be conducted to identify wetland areas at risk that are of greater ecological importance. For the latter, dedicated observation wells will be constructed and instrumented with data sensors to monitor water levels.

Appendix 2

Drawings extracted from hydrogeological study

  • General - Site Location
  • Receptive Medium – Site 1
  • Receptive Medium – Site 2
  • Receptive Medium – Site 3
  • Receptive Medium – Site 4
  • Investigated wells along section 24+510 – 25+015
  • Receptive Medium for section 24+510 – 25+015
  • Investigated wells along section 26+480 – 27+610
  • Receptive Medium for section 26+480 – 27+610
  • Investigated wells along section 23+293 – 24+320
  • Receptive Medium for section 23+293 – 24+320
  • Investigated wells along section 21+830 – 22+800
  • Receptive Medium for section 21+830 – 22+800
  • Investigated wells along section 28+070 – 28+320
  • Receptive Medium for section 28+070 – 28+320
  • Summary plan of hydrogeological work completed in 2021 and 2022

Discussion Guide: Public Consultation – Lac-Mégantic Bypass
(PDF, 1.3 MB)

 

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