Notice of Determination:

May 13, 2025: Public Services and Procurement Canada (PSPC) – Cape Breton Operations have issued their Notice of Determination after evaluation of the project, Remediation Work at CBO GBU3 Site, Glace Bay, Cape Breton, NS 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.
• Use previously established trails and areas subject to previous ground disturbance whenever possible.
• A revegetation program will be undertaken in the areas disturbed by construction.
• Revegetation will help restore disturbed areas to a state consistent with the original environment and will reduce the potential for erosion from wind and rain.
• Areas disturbed during construction will be seeded and or/planted with native stabilizing vegetation free of invasive species.
• Remove vegetation outside of the general nesting period for migratory birds which spans from mid-April to late-August.
• Existing clearings and disturbed areas will be used as much as possible to reduce the potential of removing breeding or foraging habitat.
• If vegetation removal must occur during breeding bird season, pre-clearing surveys should be conducted by a qualified biologist. Pre-clearing surveys should use non-intrusive search methods.
• If during surveys, an observation is made of an active nest site (i.e., a bird calling, attending a nest, displaying aggressive behaviour) inside or outside the Project Area, a GPS waypoint will be obtained to mark an avoidance buffer for the nest site, and the appropriate course of action will be determined in consultation with ECCC-CWS.
• Occupied nests will not be disturbed. All nests should be protected with a vegetated buffer zone determined by a distance appropriate to the species, the level of the disturbance and the landscape context, until the young have permanently left the vicinity of the nest.
• Construction equipment will be properly maintained and well-muffled to reduce disturbance due to noise.
• Compensation for the loss of wetland area and function.
• Reduce sedimentation through the use of existing cleared and disturbed land whenever possible.
• Parking and laydown areas are not to be permitted within the wetland.
• Conduct in-water works during the appropriate timing window (June 1 to September 30) whenever possible.
• Install erosion and sediment control measures.
• If turbidity or TSS measurements exceed the CCME Guidelines, and the cause is determined to be a result of Project related activities, all activities must cease immediately until appropriate, mitigation measures for the situation are implemented. Exceedances should be reported to the appropriate provincial and federal authorities (e.g., NS ECC and DFO, respectively) within 24 hours of the event.
• Store hazardous materials at least 30 m from the watercourse and wetland, and in a location where they cannot enter these features. Appropriate materials and measures should be in place to contain the materials.
• Refuel construction equipment at a designated (paved, level) location at a minimum of 30 m from any watercourse or wetland. Appropriate materials and measures should be in place to contain potential spills.
• Conduct in-water works during the appropriate timing window (June 1 to September 30) if possible
• Install the temporary culvert in the dry.
• Water from dewatered areas shall be pumped a minimum of 30 m from the watercourse to a location where sediment laden water will not re-enter the watercourse or wetlands.
• All pumps used for water intakes and for dewatering must have an intake screen size of 2.54 mm or less to prevent fish intake or impingement.
• Conduct a fish salvage prior to completing dewatering within the watercourse. The fish salvage can be conducted with nets or an electro fisher until no more fish are captured or seen. All captured fish are to be relocated downstream of the construction area.
• Monitor for fish trapped within the dewatered areas. Dewater gradually to reduce the potential for stranding fish.
• All construction equipment that will be immersed into the watercourse, or that have the potential to come into contact with watercourse during the course of the Project, should be cleaned and washed so that the equipment is free of invasive species.
• Inspect equipment daily for leaks and spills. If leaks cannot be repaired immediately, then equipment will be removed from the site and repaired at an off-site facility.  Equipment that is leaking will not be permitted to operate on site until the problem is resolved.
• Ensure that a spill containment kit, and personnel familiar with the use of the kit, should be kept on site. Spill kits should contain appropriate and sufficient materials to handle surface water spills and land spills on site.
• Use secondary containment for equipment where feasible.
• Wherever possible, refuel and service equipment at least 30 m from a waterbody, watercourse, and wetland on a hardened, impermeable, and level surface.
• Report any environmental emergency, such as a spill of a contaminant, to the appropriate regulatory authorities (i.e., Coast Guard).
• Contractors should adhere to the CBRM N-100 Noise Bylaw.
• Construction equipment should be properly maintained and well-muffled to reduce disturbance due to noise.
• Equipment should be in good working order and idling equipment should be avoided.
• Construction activities that could create excessive noise should be restricted to daylight hours. 
• Dust control measures (e.g., application of water) will be used during periods of significant dust generation.