Notice of Determination

September 23, 2025 – The federal authorities have issued their Notice of Determination after evaluation of the Wharf Reconstruction at Torbay 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:

• To minimize the possibility of fish habitat contamination and the spread of aquatic invasive (alien) 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 alien species.
• Weather conditions are to be assessed on a daily basis to determine the risk of extreme weather in the project areas. Avoid work during periods which Environment and Climate Change Canada has issued rainfall, wind or wave warning for the work area.
• An Erosion and Sediment Control Plan will be developed for the site that minimizes risk of sedimentation to the marine environment.
• Ensure that all in-water activities, or associated in-water structures, do not interfere with fish passage.
• 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.
• Construction material and debris are not to become waterborne. Do not dispose of any materials or waste into marine environment.
• 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. Hoses and tanks are to be inspected on a regular basis to prevent fractures and breaks.
• On site, crews must have emergency spill clean-up equipment adequate for the activity 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 (1-800-563-9089).
• Ensure that waste is not left at the work site. All construction waste material will be disposed of in a provincially approved manner.
• 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.
• Dispose of and stabilize all excavated material above the ordinary high water mark or top of bank of nearby waterbodies and ensure sediment re-entry is prevented.
• Replace/restore any temporarily disturbed habitat features and remediate any areas impacted by the works, undertakings or activity.
• Sediment controls will be visually monitored throughout the life of the project, and repaired immediately if necessary.
• Any debris or waste material will be disposed of in a provincially approved manner.
• Dust control should be provided for construction activities and open soil areas, primarily by using fresh water.
• Work is to be carried out during hours agreed upon with the Departmental Representative to mitigate any disturbance to harbour users and residents.