Notice of Determination

January 6, 2025 – Fisheries and Oceans Canada have determined that the proposed Cedar Beach Dock Demolition is not likely to cause significant adverse environmental effects.

This determination was based on a consideration of the following factors:

• comments received from the public; and
• technically and economically feasible mitigation measures.

Mitigation measures taken into account for this determination are:

 Protection of fish

• limit the duration of in-water works, undertakings and activities
• screen intake pipes during all phases of the project
• capture and relocate motile invertebrate (non-invasive) species from the removed piles and return them to suitable nearby habitat outside of the project footprint

Protection of aquatic habitat

• limit disturbance of fish habitat features (e.g., aquatic plants, rocks, woody material) to the area required to carry out the project
  • operate machinery on land, from wharf, barges or on ice during all phases of the project
  • limit operation of vehicles and machinery to the area required to carry out the project
• ensure that machinery arrives on the project site in a clean condition and is maintained free of invasive species and noxious weeds

Protection of fish and fish habitat from sediment

• manage sediment laden water flowing onto or through the site during all phases of the project
  • install erosion and sediment control measures prior to beginning on the project
    • install turbidity curtain during any in-water activities
    • develop and implement an erosion and sediment control plan for all phases of the project
    • regularly observe the watercourse or water body for signs of suspended sediment during all phases of the project and take corrective action when and where required
    • inspect the sediment controls regularly during all phases of the project
      • repair the erosion and sediment controls during all phases of the project
    • operate machinery on land in stable areas
    • use biodegradable materials for erosion and sediment control whenever possible
    • remove all erosion and sediment controls (unless biodegradable) once the project site has been stabilized
    • use only clean materials
  • keep the sediment control measures in place until all disturbed ground has been stabilized and suspended sediments have settled

Protection of fish and fish habitat from other deleterious substances

Develop a prevention plan

• develop a prevention plan to prevent deleterious substances from entering a watercourse or water body
  • maintain all machinery on site in a clean condition and free of fluid leaks
  • wash, refuel and service machinery in such a way as to prevent any deleterious substances from entering watercourse or water body
  • store fuel and other materials for the machinery in such a way as to prevent any deleterious substance from entering watercourse or water body
  • plan activities near water such that materials (e.g., paint, primers, sand blasting abrasives, rust, solvents, degreasers, grout, poured concrete, Styrofoam or other chemicals) do not enter a watercourse or water body
  • ensure that building material used in a water body has been handled and treated in a manner to prevent the release or leaching of substances into the water that may be deleterious to fish
  • dispose of all waste materials on land in a designated area away from the ordinary high water mark of any watercourse or water body

Implement a response plan

• implement a response plan immediately in the event of a spill of a deleterious substance. (including sediment)
  • stop all works, undertakings and activities
  • report spill immediately, when a deleterious substance enters a watercourse or water body
  • contain water with deleterious substances
  • clean-up and dispose of water contaminated with deleterious substances
    • use an emergency spill kit

Environmental Protection Specifications including; working adjacent to waterways, pollution control, disposal of wastes, plant protection, vertical turbidity curtains, and invasive species will also be applied to the project.

Fisheries and Oceans Canada are satisfied that that the carrying out of the project is not likely to cause significant adverse environmental effects.

Therefore, Fisheries and Oceans Canada may carry out the project, exercise any power, perform any duty or function, or provide financial assistance to enable the project to be carried out in whole or in part.