Cap-Pelé DFO-SCH Containment Cell Construction

The project consists of construction of a new containment cell for dredge material, located in the southeast corner of the existing harbour basin adjacent to existing shoreline protection structure 602 and breakwater 301. The project will have a footprint below the high-water mark of approximately 1950 m2, including 1700 m2 of new permanent footprint.

Latest update

Notice of Determination:

August 26, 2024 - The Federal Authorities have issued their Notice of Determination after evaluation of the project, Cap-Pelé DFO-SCH Containment Cell Construction 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.
  • 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.
  • Limit impacts on fish habitat components to those approved for the works, undertakings and activities.
  • 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.
  • 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.
  • In the event that construction is to begin between April 15 and August 31st, a qualified biologist must inspect the area prior to the start of construction activities to identify the presence of Bank Swallow nests. Additional mitigation measures may be developed based on the results of the survey.
  • 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.
  • 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.
  • 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.
  • The containment cell will be lined with filter fabric to reduce the potential for suspended sediments to leave the containment cell.
  • Bulky debris such as wooden beams, scrap metal, cable, fishing gear, etc. recovered during dredging operations will not be placed within the containment cell. Such material will be disposed of in accordance with provincial waste management regulations.
  • Armour stone will be installed along the outer perimeter and top of the containment cell to reduce potential for overtopping and damage to the cell caused by extreme weather events.
  • The condition of the containment cell will be monitored and repaired as necessary to maintain the integrity of the structure.

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Key documents

Key documents
Document number Document title File Date
3 Notice of Determination - August 26, 2024
2 End of Public Comment Period - November 22, 2023
1 Notice of Intent - November 22, 2023

Contacts

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
Email: chyann.kirby@dfo-mpo.gc.ca


Disclaimer

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.

  • Location

    • The Cap-Pelé DFO-SCH is located on the Northumberland Strait in the town of Cap-Acadie, Westmorland County, New Brunswick. (New Brunswick)

  • Nature of Activity

    • Ports and Harbours

  • Assessment Status

    Completed

  • Start Date

    2023-11-22

  • Proponent

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

  • Authorities

    • Fisheries and Oceans Canada
    • Transport Canada

  • Assessment Type

    Project on federal lands

  • Reference Number

    86106

Nearby assessments

...within 200 kilometres
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