Notice of Determination:

The Atlantic Canada Opportunities Agency (ACOA) has issued their Notice of Determination after evaluation of the project, Commissary Accessible Marina Park Society (CAMPS) – Accessible Marina and Welcoming Centre Construction, Shelburne, Nova Scotia 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:

• All construction equipment must be fitted with standard and well-maintained noise suppression devices.
• Appropriate dust suppression methods are to be employed when required.  Air filters should be used to minimize exhaust emissions.
• Machinery must be checked for leakage of lubricants or fuel and must be in good working order.  Refueling must be done at least 100m from any water body. 
• Basic petroleum spill clean-up equipment should be on-site.  All spills or leaks should be promptly contained, cleaned up and reported to the 24-hour environmental emergencies.
• Machinery and equipment are not to be washed within 30 metres of a waterbody, or in an area where wash water will run into a waterbody.
• A spill response plan should be developed and implemented by the Contractor to ensure that if a spill of petroleum or other hazardous material occurs, the impacts can be minimized.
• All work to be conducted in accordance with the Migratory Birds Convention Act (MBCA), which outlines that no migratory birds, nests or eggs will be moved or obstructed during the construction or operational phase of the project. Should construction be planned between April and August, a site visit and/or nest survey shall be conducted to ensure no impact to migratory birds or species at risk (e.g Barn Swallows, Bobolink). Should additional migratory birds or species at risk be identified on or near the project site, additional mitigation measures (e.g. timing or buffers) and federal/provincial coordination may be required.
• Minimize disturbance to all birds on-site and in adjacent areas during the entire course of the work.
• During nighttime work (if any), lights are to be shielded or pointed downwards. They are to be positioned in the opposite direction of any nearby bird nesting habitat.
• Areas that are planned to be used for storage or lay down will be inspected during the nesting season to ensure that ground-nesting birds are absent.
• No one shall disturb, move, or destroy migratory bird nests.
• Should nests or chicks of migratory birds or raptors be encountered during work, immediately stop work in that area and notify appropriate authorities for directives to be followed. Should a nest site be discovered:
  • The nest site and neighbouring vegetation will not be disturbed until nesting is completed.
  • Work undertaken immediately adjacent to such areas will be minimized until nesting is completed.
  • Should a migratory bird or raptor nest be encountered during work, activity in the vicinity of the nest should be halted.  The nest location shall be protected with a buffer zone appropriate to the species as determined in consultation with the appropriate regulators (ECCC-CWS for species protected under the MBCA; provincial department of natural resources for raptors).  The buffer shall stay in place until August 31st or the time when chicks have naturally fledged from the area.  A nest shall not be marked, or the tree/shrub in which it is situated, using flagging tape or other similar material; this increases the visibility of the nest and the risk of predation.
• Minimize disturbance to all species on-site and adjacent areas during entire course of work.
• Dispose of food and other types of waste that may attract scavenging species in an appropriate manner. If no appropriate disposal option exists on-site, dispose of waste in a proper location off site.
• All machinery should be well muffled and maintained in proper working order and must be regularly checked for leakage of lubricants or fuel.
• All construction waste must be recycled where possible or otherwise disposed of in a provincially approved manner.
• Contractor must be aware of the stop work requirements if evidence shows a potential archaeological artifact or deposit, contractor has the contact information for the provincial archaeologist in Nova Scotia and knows to contact them as soon as possible after a potential discovery.  Nova Scotia Department of Communities, Culture and Heritage, Special Places Program - telephone: (902) 424-6475 must be contacted for further direction.
• Work can only resume near the find when authourized by the Nova Scotia Department of Communities, Culture and Heritage.
• All work should be scheduled to avoid periods of heavy precipitation. Erosion control structures (temporary matting, geotextile filter fabric, etc) are to be used, as appropriate, to prevent erosion run-off of sediment laden water during the construction phase.  All erosion control structures must be inspected and maintained on a regular basis.
• If concrete is to be produced on-site, the location and design of the concrete production area and yard should be described with provisions for environmental protection.
• All drainage from the concrete production area and yard, including wash water, should be directed to a settling pond for control and treatment, as appropriate.
• All work should be scheduled to avoid periods of heavy precipitation.  Erosion control structures (temporary matting, geotextile filter fabric, etc) are to be used, as appropriate, to prevent erosion runoff of sediment laden water during the construction phase.
• All fill material is to be free of contamination and from an approved quarry source site.
• Site access must be restricted to authorized workers only.
• Workers in contact with hazardous materials must be provided with and use appropriate personal protective equipment.
• Proper safety procedures must be followed throughout the duration of the project as per applicable municipal, provincial, and federal regulations.
• Employees must be trained in health and safety protocols (e.g., safe work practices, emergency response).
• The subject property must have a site specific Environmental Site Assessment (ESA) completed and the results and recommendations included in the Environmental Protection Plan (EPP) for this project.  Contaminated soils must be disposed of in accordance with regulatory requirements.
• Saturated soils and soils exceeding CCME and CWS SQG's should be removed from the site and properly disposed of.  Groundwater with hydrocarbon impacts greater than Federal Interim Groundwater Quality Guidelines (FIGQG) guidelines or free product should be removed and disposed of at an approved licenced waste disposal facility.  This will also ensure new construction will not be impacted by vapours.
• Any contaminated excavated materials should be temporarily stockpiled on tarps and covered, prior to disposal, or placed directly into sealed trucks and disposed of, to prevent run off during rain events.
• An Erosion and Sediment Control Plan is to be developed and implemented by the Contractor.
• Dispose of and stabilize all excavated material above the ordinary high-water mark or top of bank of harbour to prevent sediment run-off.
• Any debris, soil, or waste material must be disposed of in a provincially approved manner.
• Crews must have emergency spill clean-up equipment adequate for the activities involved, and it must be on site.  Spill equipment will include, as a minimum, at least one 250 L (i.e. 55 gallon) overpack spill kit containing items to prevent a spill from spreading; absorbent booms, pillows, and mats; rubber gloves; and plastic disposal bags.  All spills or leaks must be contained, cleaned up, and reported to the 24-hour Environmental Emergencies Report System (1-800-565-1633)
• Work should be scheduled to avoid periods of heavy precipitation. Erosion control structures (temporary matting, geotextile filter fabric, etc) are to be used, as appropriate, to prevent erosion runoff during the construction phase.
• The project will comply with all applicable municipal, provincial, and federal acts and regulations.