Cape Tormentine DFO-SCH Wharf Structure 402 Reconstruction

The project consists of the reconstruction of the inner and middle portions of wharf structure 402, located in the center of the harbour basin. These sections of structure 402 will be encapsulated by a new Berlin Wall installed directly in front of the existing wharf. The project will result in a new permanent footprint below the high-water mark of approximately 160 m². No work will be conducted on the outer section of the wharf structure. The project will not involve any changes to existing aids to navigation.

Latest update

Notice of Determination:

March 20, 2024 - The Federal Authorities have issued their Notice of Determination after evaluation of the project, Cape Tormentine DFO-SCH Wharf Structure 402 Reconstruction 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.
  • Contractor to coordinate with the local Harbour Authority prior to commencement of the work such that the schedule with the least possible conflicts will be implemented. The contractor will be required to schedule project construction such that it does not interfere with fishing activities carried out by harbour users.
  • Limit impacts on fish habitat components to those approved for the works, undertakings and activities.
  • Operate machinery in a dry stable area,  on land above the high-water mark, on ice, or from a floating barge in a manner that minimizes disturbance to the marine environment.
  • There will be no direct disturbance to the eelgrass bed during project activities.
  • Prior to the commencement of in-water works on the east side of structure 402, a turbidity curtain must be installed and maintained during the entire duration of construction activities.
  • In the event that pelagic fish are observed spawning or migrating in the project area, work must be stopped and the Project Manager or contractor on site shall ensure that fish leave the area before resuming the dredge and disposal activities and the pile driving.
  • 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.
  • 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.
  • 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.
  • Dispose and recycle construction and demolition-related debris and waste materials in accordance with provincial waste management regulations.
  • 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.
  • If an oiled seabird is encountered, it will be handled according to Environment and Climate Change Canada (ECCC) – Canada Wildlife Service (CWS)’s guidelines.
  • Minimize disturbance to all birds on site and adjacent areas during the entire course of the work.
  • The existing wharf pile structure may provide nesting habitat for Barn Swallow. If construction is planned to commence during the migratory breeding bird window (April 15 to August 31):
  • A qualified biologist must inspect the area for the presence of bird nests immediately prior to the start of construction. Additional mitigation measures may be developed based on the results of the survey.
  • Deterrents may be deployed to reduce the likelihood of migratory birds establishing nests within the project area.
  • Should nests or chicks of migratory birds or raptors be encountered during work, immediately stop work in that area and notify Departmental Representative for directives to be followed.
    • Do not disturb nest site and neighbouring vegetation until nesting is completed.
    • Minimize work immediately adjacent to such areas until nesting is completed.
    • Protect these areas by following recommendations of Canadian Wildlife Service (CWS).
  • 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.
  • During rock socketing of the H-piles, a safety zone for cetaceans and marine species listed under Schedule 1 of the Species at Risk Act (e.g., North Atlantic right whale, white sharks or leatherback turtles) must be established at the work site. The safety zone shall consist of a circle with a radius of at least 500 m as measured from the center of the work site. If a cetacean or marine species listed under Schedule 1 of the Species at Risk Act is observed within the safety zone, rock socketing must cease until the animal leaves the safety zone and is not observed within the safety zone for a minimum period of 30 minutes. Work may start or restart if cetaceans or marine species listed under Schedule 1 of the Species at Risk Act are not observed within the safety zone within the 30 minute period.
  • Dust suppression by the application of water must be employed, when required. Apply dust control measures to roads, parking lots and work areas.  The Departmental Representative shall determine locations where water is to be applied, the amount of water to be applied, and the times at which it shall be applied.  Waste oil or any other petroleum products must not to be used for dust control under any circumstances.
  • Storage of construction material will be done so to minimize visual impacts (i.e., minimize storage time, limit pile height, etc.) on neighboring properties.
  • At least 48 hours before beginning the construction, placement, alteration, rebuilding, removal or decommissioning of a minor work in, on, over, under, through or across a charted navigable water, the owner of the minor work must, in writing, notify a Canadian Coast Guard Marine Communications and Traffic Services Centre of the day on which the activity is expected to begin.
  • During the construction, placement, alteration, rebuilding, removal, decommissioning, repair or maintenance of a minor work, the owner of the minor work must ensure:
    • that vessels can navigate safely through or around the work site or, if navigation is interrupted by any activity related to the construction, placement, alteration, rebuilding, removal, decommissioning, repair or maintenance of the minor work, that a suitable means, such as a portage, exists to allow vessels to resume navigation upstream and downstream of the work site;
    • that the perimeter of the work site is 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 New Brunswick Department of Tourism, Culture and Heritage – Provincial Archaeological Services will be contacted at 506-453-3115.
  • Work can only resume in the vicinity of the find when authorized by the Departmental Representative, after approval has been granted by the New Brunswick Department of Tourism, Culture and Heritage.


Key documents

Key documents
Document Number Document Title File Date
3 Notice of Determination - March 20, 2024
2 End of Public Comment Period - December 14, 2023
1 Notice of Intent - November 14, 2023


Department of Fisheries and Oceans - Small Craft Harbour, Maritime and Gulf Region
Chyann Kirby, Regional Environmental Advisor
Gulf Fisheries Center, 343 University Ave.
Moncton, New Brunswick E1C 9B6
Telephone: 506-866-5164

  • Location

    • The Cape Tormentine DFO-SCH is located on the Northumberland Strait in Cape Tormentine, Westmorland County, New Brunswick. (Prince Edward Island)
  • Nature of Activity

    • Ports and Harbours
  • Assessment Status

  • Start Date

  • Proponent

    Fisheries and Oceans Canada - Small Craft Harbours (DFO-SCH)
  • Authorities

    • Fisheries and Oceans Canada
  • Assessment Type

    Project on federal lands
  • Reference Number


This map is for illustrative purposes. The markers represent the approximate locations based on available data. More than one marker may be identified for a given assessment.


Nearby assessments

...within 200 kilometres
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