Notice of Determination:

The Federal Authorities have issued their Notice of Determination after evaluation of the project, Breakwater Construction at Tignish DFO-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 include:

• The project will comply with all applicable municipal, provincial, and federal acts and regulations.
• Vessels should be compliant with all Canada Shipping Act, 2001 requirements for inspection, which includes certification of the vessel and adequate training and appropriate certificate of competency for the operators.
• Ensure that vessels will have procedures in place to ensure safeguards against marine pollution: awareness training of all employees, means of retention of waste oil on board and discharge to shore based reception facilities, capacity of responding to and clean-up of accidental spill caused by vessels involved in the project.
• 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.
• All activities, vehicles, and materials will be restricted to the designated work area.
• When accessing breakwater structure, ensure machinery and workers use designated pre-approved (flagged/fenced) access routes to minimize compaction and rutting of soils or sand.
• Avoid disturbing or removing natural wood debris, rocks, sand or other materials from the banks, shoreline or the bed of the waterbody.
• Limit impacts on riparian vegetation to those approved for the work. Limit access to banks or areas adjacent to waterbodies and use methods to prevent soil compaction and/or rutting, such as swamp mats or pads.
• Limit impacts on fish habitat components to those approved for the works, undertakings and activities.
• Ensure that machinery arrives on site in a clean condition and is maintained free of fluid leaks, invasive species and noxious weeds.
• Operate machinery in the dry in a manner that minimizes disturbance to the shoreline and beach area (i.e., minimize tracking of equipment by using the same pathway as much as possible).
• Machinery will be stationed on land most of the time and if travelling on the beach it will do so at low tide.
• 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.
• All conditions set out by DFO-FFHPP in the Fisheries Act Authorization will be adhered to. Any harmful alteration, disruption, or destruction of fish habitat will be offset as per the details of the Fisheries Act authorization.
• A Sediment Control Plan will be developed and implemented to minimize sedimentation in the waterbody.
• Regularly inspect and maintain the erosion and sediment control measures and structures during all phases of the project.
• Ensure that all in-water activities, or associated in-water structures, do not interfere with fish passage.
• All rock/stone material used in the construction of the breakwater or temporary access road should be clean and free from significant fines, organics, debris, staining and potential contaminants.
• No construction or infill material may be obtained from any coastal feature, namely a beach, dune or coastal wetland.
• The temporary access road will be restored to its original state/or to a better condition. The laydown area will be restored (including grading and reseeding as required) to the satisfaction of the Departmental Representative. Existing conditions will be documented with photos before contractor begins using the site.
• All conditions set out by the PEI Department of Land and Environment in the Watercourse, Wetland and Buffer Zone Activity Permit delivered for the potential temporary access road will be adhered to.
• 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.
• 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.
• Maintain a minimum distance of 300 m from all areas occupied by concentration of seabirds and waterbirds. Travel at steady speeds when close to seabird and waterbird colonies, moving parallel to the shore, rather than approaching the colony directly. Avoid any sharp or loud noises, do not blow horns or whistles, and maintain constant engine noise levels. Do not pursue seabirds or waterbirds swimming on the water surface and avoid concentration of these birds on the water.

• 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.
• A safety zone for cetaceans and/or 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 meters as measured from the center of the work site. 
• Work equipment and machinery must be equipped with adequate muffling capacity to reduce noise on site to lowest possible level. Maintain mufflers in good operating condition at all times. Sounds such as whistle blasts and horns will be limited or replaced, to the extent possible, with radio communications.
• 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.
• An Archaeological Resource Impact Assessment (ARIA) was initiated for this project. The report will be finalized after a site visit takes place in the spring when weather conditions permit. Contractor must implement recommended mitigation measures from the final ARIA report when available.
• All construction personnel will be responsible for reporting any cultural materials, which may be archaeological resources, unearthed during construction activities to the 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 provincial Archaeological Services unit will be contacted at: Prince Edward Island Indigenous Relations Secretariat contact, Provincial Archaeologist (782) 772-2796 - Archaeology@gov.pe.ca
• Work can only resume in the vicinity of the archaeological find when authorized by the Departmental Representative, after approval has been granted by the provincial authority.