Lower Montague DFO-SCH Slip Replacement
Notice of Determination
August 19, 2024 – The Federal Authorities have issued their Notice of Determination after evaluation of the slip replacement at the Lower Montague DFO-SCH, and have determined that the project is not likely to cause significant adverse environmental effects and can therefore proceed.
This determination was based on a consideration of the following factors:
- Impacts on rights of Indigenous peoples;
- Community and Indigenous knowledge;
- Comments received from the public; and
- Technically and economically feasible mitigation measures.
Mitigation measures taken into account for this determination are:
- The project will comply with all applicable municipal, provincial, and federal acts and regulations.
- Limit impacts on fish habitat components to those approved for the works, undertakings and activities.
- Operate machinery in a manner that minimizes disturbance to the marine environment.
- Monitor and assess weather forecast on a daily basis to determine the risk of extreme weather. Avoid work during periods for which Environment and Climate Change Canada had issued rainfall, storm surge or other weather warning for the work area.
- Whenever possible, operate machinery on land above the high water mark, on ice, or from a floating barge in a manner that minimizes disturbance to the banks and bed of a water body.
- To minimize the possibility of fish habitat contamination and the spread of aquatic invasive species, all construction equipment which will be immersed into the water or has the possibility of coming into contact with such water during the course of the work, must be cleaned and washed to ensure that they are free of marine growth and invasive species prior to mobilization to the site.
- An Erosion and Sediment Control Plan will be developed and implemented for the work site that will minimize the risk of entry or re-suspension of sediment in a water body during all phases of the work. Erosion and sediment control measures should be maintained until all disturbed ground has been permanently stabilized, suspended sediment has resettled to the bed of the water body or settling basin and runoff water is clear.
- Regular inspection and reporting details for sediment control measures to ensure they are functioning properly.
- Ensure that all in-water activities, or associated in-water structures, do not interfere with fish passage, constrict the channel width, or reduce flows.
- Do not dispose of hazardous wastes (e.g., paints, batteries, cleaners, acids, etc.) including volatile materials (e.g., solvents, mineral spirits, aerosol cans, etc.) and petroleum products on the ground, near or into watercourses, storm or sanitary sewers or in waste landfill sites. Dispose of hazardous wastes in accordance with applicable federal and provincial, regulations, codes, standards and guidelines.
- All equipment to be used in or over the marine environment is to be free from leaks or coating of hydrocarbon-based fluids and/or lubricants harmful to the environment.
- Wash, refuel and service machinery and store fuel and other materials for the machinery in such a way as to prevent any deleterious substances from entering the water.
- Secure contents against free board spillage when excavating, loading and hauling material, including dredged material. Do not overload trucks when hauling material and avoid potential release of contents, and of any foreign matter onto highways, roads and access routes used for the work. Immediately clean any ground spills and soils to extent as directed by authority having jurisdiction.
- Be diligent and take all necessary precautions to avoid spills and contamination of the soil and water (both surface and subsurface) when handling petroleum products on the site and during fuelling and servicing of vehicles and equipment.
- Store and handle hazardous materials in accordance with applicable federal and provincial regulations, codes, standards and guidelines. Store in location that will prevent spillage into the environment.
- An Emergency Response Plan will be developed and implemented immediately in the event of a sediment or spill release of a deleterious substance.
- Maintain on site appropriate emergency spill response equipment consisting of at least one 250-litre overpack spill kit for containment and clean-up of spills.
- In the event of a petroleum spill and release into the environment, stop work and immediately notify the Departmental Representative and the Canadian Coast Guard 24-Hour Environment Emergencies Report System (1-800-565-1633). Contain spill and perform clean-up in accordance with all regulations and procedures stipulated by authority having jurisdiction.
- Minimize disturbance to all birds on site and adjacent areas during the entire course of the work.
- Do not approach concentrations of seabirds, waterfowl and shorebirds when anchoring equipment, accessing wharves or ferrying supplies.
- Do not use beaches, dunes, coastal wetlands and other natural previously undisturbed areas of the site to conduct work unless specifically approved by the Departmental Representative.
- During nighttime work, position flood lights in opposite direction of nearby bird nesting habitat.
- Dispose and recycle construction and demolition-related debris and waste materials in accordance with provincial waste management regulations.
- If cetaceans and/or species listed under Schedule 1 of the Species at Risk Act (e.g. North Atlantic Right Whale, White Sharks or Leatherback Turtles) are observed within 500m while in-water activities are underway, all in-water activities must cease until the animals leave the safety zone and are not observed within the safety zone for a minimum period of 30 minutes.
- Where work may affect the water quality adjacent to water intake lines used by lobster holding facilities, fish processing facilities or other harbour users, schedule work in cooperation with the Harbour Authority, facility owners and as directed by Departmental Representative to minimize interference and impact to harbour users.
- Vessels shall be permitted safe access through the worksite at all times and shall be assisted as necessary. If navigation is interrupted by the project, ensure a suitable means exists to allow vessels to resume navigation upstream and downstream of the work site.
- The perimeter of the work site is to be visible from sunset to sunrise and during periods of restricted visibility by the placement of:
- yellow flashing lights,
- cautionary buoys with retro-reflective material, or
- cautionary buoys with yellow flashing lights.
- All construction personnel will be responsible for reporting any unusual materials unearthing during construction activities to Construction Supervisor. If the find is believed to be an archaeological resource, the Construction Supervisor will immediately stop work in the vicinity of the find and notify the Departmental Representative.
- Work in the area will be stopped immediately and the Provincial Archaeological services under the Department of Fisheries, Tourism, Sports, and Culture will be contacted at 782-772-2796
- Work can only resume in the vicinity of the find when authorized by the Departmental Representative, after approval has been granted by the Department of Fisheries, Tourism, Sports, and Culture.
- Prior to the commencement of wharf demolition during nesting season, the contractor will look for signs of nesting. If a nest is discovered, operations will be halted until a plan approved by Departmental Representatives is put in place.
- Pile driving and underwater cutting activities will not be permitted at night (between one hour before sunset and one hour after sunrise) during the months of April to July to allow for elver (juvenile eel), American smelt, adult Atlantic salmon and Gaspereaux migrations.
- Avoid conducting any construction activities over/in the waters along the entire western side of the wharf structure where healthy eel grass beds exist.
- Vessels (including barges) are not to be moored or anchored to the west of the existing pier structure during any phase of the construction project to avoid damaging eel grass beds present there.
Document reference number: 4