PO Box 6, 5695 Front Road, Stella, ON K0H2S0 protectai@kos.net WITHOUT PREJUDICE May 22, 2017 Mayor Bill Lowry and Members of Council Loyalist Township Box 70, 263 Main Street Odessa, Ontario K0H 2H0 Dear Mayor Lowry and Members of Council, RE: Proposed Amherst Island Turbine Project APAI Comments on Marine Logistics and Safety in the draft Operations Plan APAI opposes turbines on Amherst Island and has appealed the decision of the ERT to both the Court and the Minister MOECC. Comments on the Operations Plan are presented in this context. APAI sincerely appreciates that the Township has posted project documents for public review and continues to exercise due diligence. This submission addresses section 2.5 Navigable Waters of the Draft Operation Plan dated May 3 which states: The primary Project-related factor that has the potential to affect marine navigation in the North Channel between Amherst Island and the mainland is increased vessel traffic (which includes the Project s transport barges, associated tug boats and personnel vessels): Vessel traffic is governed by the Collision Regulations of chapter 1416 of the Canada Shipping Act. All Project marine equipment, whether anchored, at a dock, or under way, will comply with these regulations. During emergency situations (e.g. a 911 call) all Project marine traffic will yield to the public ferry. Dedicated Project docks will be constructed and utilized on both the mainland (temporary) and the island (permanent) so there will be no Project impact to use of the existing MTO ferry docks.
Mayor Bill Lowry 2 There will be continuous communication between the Project marine vessels and the Frontenac II ferry (or any temporary replacement) in accordance with marine protocol and Collision Regulations. It may be necessary to have the outer mooring dolphins of the Project docks lit at night; this determination will be made by Transport Canada. All Project marine vehicles and Project docks must adhere to Transport Canada requirements at all times. This brief section fails to address the high risk to public and environmental safety of the significant project marine traffic carrying heavy equipment, hazardous materials, and personnel crossing the ferry path especially in winter during ice conditions and the proximity to public water intakes and private shore wells in the North Channel from Picton Terminals to Loyalist Township. This project has already caused a power outage on the Island, a fuel spill in Picton Harbour, and a water emergency in The County. The risk of a marine accident is very real. Unfortunately, MOECC failed to protect the public interest by setting out no conditions in the REA and takes no responsibility for marine safety and compliance. Consequently, it is up to Loyalist Township to undertake due diligence and require Windlectric to show me that the planned barge traffic is safe. Windlectric characterized the fuel spill in Picton as an unfortunate incident ten days after the fuel spill. Consequently, it is imperative that the Operations Plan address marine safety and logistics to protect the public and the environment. Section 2.5 is woefully inadequate. The key issue is that Windlectric has not demonstrated that barges and marine traffic can safely cross the ferry path up to 24 times per day especially in winter. The ferry and the tug/barge will share a collision zone for eight minutes twice per hour. Barges are not rated for transport through ice. One of the possible causes of the Picton emergency situation was that ice damaged the barge hull. The Operations Plan states that It is currently planned that two barges will transport personnel, materials, and equipment for the Project throughout the construction period, and that each of the two barges will make five to six trips from the mainland each day. The actual number of daily barge trips will, however, vary depending on weather conditions, material delivery requirements, and any unplanned events or delays. Vessels listed by Windlectric are vintage with ages ranging from 54 to 81. At least two vessels have been subject to Transportation Board Marine Safety reports. The aggregate barge in particular appears to be a rusting scow.
Mayor Bill Lowry 3
Mayor Bill Lowry 4 Accordingly, it is recommended that Windlectric be required to simulate how two barges can safely cross the ferry path twenty-four times each per day to the satisfaction of Loyalist Township and that subject to the results of this simulation appropriate restrictions on timing and number of trips be put in place to manage risk. Summer simulations should include pleasure craft in the channel and in Kerr Bay. Windlectric should also be required to simulate how the cable laying vessel and related craft will work in proximity to the Frontenac II to the satisfaction of Loyalist Township. The Superintendent of Icebreaking, Canadian Coast Guard, advises that: Q1: Can you please tell me the nearest Icebreaker to Amherst Island in Lake Ontario? About how long would it take for the ice breaker to reach Amherst Island when the North Channel adjacent to the Island is frozen. I appreciate that the time will vary depending on weather conditions but could you estimate a minimum amount of time with perhaps a range. A1: The St. Lawrence Seaway's navigation season generally extends from late March to late December. We have no Coast Guard icebreaking activity in your area in the winter months. The first Coast Guard icebreaker that comes into the area is during the initial fracture in late March, usually into Bath, Ontario for commercial shipping. The Department of National Defence is the lead in search and rescue operations. In the winter months, the response can include aircraft from CFB Trenton. Other departments including local police and fire can also be tasked to assist in emergencies. Marine emergencies can be called into the 24 hours a day, 365 days a year, Toll-free (within Canada) at 1-800-267-7270 or via marine VHF radio - channel 16.
Mayor Bill Lowry 5 Q2: About how long would it take for a Coast Guard rescue vessel to reach the Island in similar conditions? A2: The Canadian Coast Guard's Kingston Search and Rescue station opens for the season in early April. In ideal conditions it would take approximately 30 minutes with a distance of 10NM at 20 knots speed. Q3: Are commercial barges alllowed to operate in the North Channel when it is frozen? A3: Yes if they can get through the ice without icebreaker assistance as there isn't an available icebreaker. Q4: Finally, can you clarify if there are any special rules about right of way when the paths of a barge and passenger ferry cross? A4: The vessels are required to follow the rules according to the Transport Canada Collision Regulations. The Masters of the tug/barge and ferry would be certified by Transport Canada to safely navigate their vessels. Accordingly it is recommended that barge traffic be prohibited when ice covers the channel from the mainland ferry dock to the Island ferry dock. At a minimum the Marine Safety and Logistics Plan should also address the response to a fuel spill, a collision with a floating object, a collision with another vessel, a collision with a fixed object, lack of propulsion, person overboard, or other emergency. The Plan should also set out the Transport Canada conditions for the docks as noted by the Honourable Marc Garneau, Minister of Transport: I have reviewed Windlectric s Amherst Island Wind Project Emergency Response and Communications Plan. As you know, section 6(4) of the Navigation Protection Act (NPA) states that the Minister may attach any conditions he or she considers appropriate to an approval. Transport Canada therefore approved the application with specific conditions to which Windlectric Inc. must adhere. These measures include requiring the owner to mark the structure for navigation purposes and to provide various forms of confirmation upon completion of the work indicating that all terms and conditions set out in the project approval have been met. The department will conduct on-site compliance oversight inspections at the commencement, throughout, and at the completion of the work. The Marine Safety Plan should include protocols for communication with the ferry captain and protocols for trip planning. The Plan should also address the implications of the planned MTO dock reconstruction on both the mainland and the Island and the proposed MTO reconstruction of Highway 33 near the proposed mainland dock and staging area.
Mayor Bill Lowry 6 The Plan should also prohibit fueling at the mainland dock and describe the marine response to a fuel spill including the possible impact on the water intake near the mainland dock, impact on residents' water supply, and environmental issues. The Plan should set out the protocols and processes related to the laying of a transmission cable on the bed of the channel and define communications processes for shipping as well as the ferry. As all work is to be conducted between September and April weather may be a significant factor. The Plan should address the protocols for transportation of hazardous materials including fuel, oil for the transformer, heavy loads, cementitious materials and other dangerous goods. Detailed and current contact information should be provided for marine spills, Coast Guard, MTO, MOECC. As about 1400 barge trips are proposed it is critical that these matters be addressed prior to any further transport Windlectric should also be required to provide copies of updated marine insurance listing the Township and residents and visitors to Amherst Island as named insured with liability no less than $100 million related to marine safety and barge operations. Recommendations: 1. That section 2.5 of the Operations Plan be amended to include the draft Marine Logistics Plan as Appendix 11 to the draft Operations Plan 2. That the Marine Logistics Plan be amended as described above and that significant penalties for non-compliance of all aspects of the Operations Plan be set out and enforced by an independent Compliance Officer 3. That the Transport Canada conditions for approval of the mainland and Island docks attached as Appendix 1 be incorporated in the Operations Plan 4. That Windlectric be required to simulate the crossing of the Frontenac II ferry path in both summer and winter ice conditions twenty-four times per day to the satisfaction of Loyalist Township and to accept restrictions on number and timing of crossings based on the simulation results and further that Windlectric be required to simulate to the satisfaction of Loyalist Township how the cable laying vessel and related craft will work in proximity to the Frontenac II. 5. That all municipal water intakes along the path of the project marine traffic be described and project marine traffic be prohibited from anchoring or fueling of any marine vessels or equipment on marine vessels within 300 m of a municipal water intake 6. That the loading and unloading of the aggregate barge comply with all municipal noise bylaws including those of Loyalist Township and Prince Edward County and of MOECC NPC-300 related to noise from stationary sources 7. That the draft Marine Logistics Plan be provided to Prince Edward County Council for review and comment
Mayor Bill Lowry 7 8. That Windlectric be required to submit updated proof of marine insurance with Loyalist Township and residents and visitors to Amherst Island as named insured with liability of $100 million. Thank you for your consideration. Sincerely Michèle Le Lay President
Mayor Bill Lowry 8 8