Notice of Determination:

The Federal Authorities have issued their Notice of Determination after evaluation of the project, Floating Dock Installation at Comfort Cove 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:

• Restrict site access to authorized personnel only.
• Ensure all project employees are equipped with appropriate Personal Protective Equipment (PPE) and that all work complies with applicable provincial occupational health and safety regulations.
• Carry out project activities during times acceptable to local authorities and comply with local municipal construction by-laws.
• Use smaller, less disruptive equipment where feasible.
• Reduce the duration of in-water work wherever possible and limit in-water activities strictly to those required for the project to avoid interference with fish life processes (spawning, rearing, feeding, migration).
• Conduct in-water works during periods of low flow, low tide, and low wind/wave conditions.
• Avoid work during periods when Environment and Climate Change Canada has issued rainfall, wave, or extreme weather warnings for the project area.
• Assess weather conditions daily to determine the risk of extreme weather and adjust work scheduling accordingly.
• Develop and implement an Erosion and Sediment Control Plan that minimizes the risk of sedimentation to the marine environment.
• Install erosion and sediment control measures prior to beginning work to stabilize erodible areas.
• Inspect, maintain, and monitor erosion and sediment control measures and nearby watercourses regularly throughout all phases of the project, and take corrective action if sedimentation is observed.
• Keep erosion and sediment control measures in place until all disturbed areas are permanently stabilized, then remove exposed non-biodegradable materials.
• Schedule work to avoid wet, windy, and rainy conditions that may increase erosion and sedimentation.
• Operate machinery on land in stable, dry areas or from stable floating platforms.
• Ensure all construction material and debris do not become waterborne and are not disposed of in the marine environment.
• Ensure all materials placed in or near water are clean, free of fines or deleterious substances, and of sufficient size to resist displacement by wave action.
• Place rock material carefully using an excavator or similar equipment; end dumping of rock is not permitted.
• Use armour stone that is blocky and angular with mixed gradation to ensure proper compaction and stability.
• Pour and form cement away from the shoreline to prevent runoff or accidental releases to the marine environment.
• Ensure all equipment used in or over the marine environment is free of leaks and harmful hydrocarbon-based fluids or lubricants; inspect hoses and tanks regularly.
• Develop and implement a response plan for accidental sediment releases or spills of deleterious substances.
• Keep emergency spill response equipment on site at all times, including at minimum one 250 L (55-gallon) overpack spill kit with absorbent booms, pillows, mats, gloves, and disposal bags.
• Ensure all personnel are trained in spill response procedures and spill kit use.
• Promptly contain, clean up, and report all spills or leaks to the 24-Hour Environmental Emergencies Report System (1‑800‑565‑1633); all spills must be reported.
• Transport all hazardous materials generated by the project off-site for disposal or treatment at an approved facility in accordance with applicable provincial and federal regulations.
• Ensure vessels and barges comply with all requirements of the Canada Shipping Act, 2001, including vessel certification and operator competency.
• Implement vessel-level marine pollution prevention measures, including staff awareness training, onboard waste oil retention, shore-based waste reception, and spill response capability.
• Take precautions to prevent the introduction or spread of aquatic invasive species (AIS), including cleaning, draining, and drying all equipment before and after use in water.
• Report any observed AIS or non-indigenous species to Fisheries and Oceans Canada (DFO) at 1‑855‑862‑1815 or AISEAE.XNFL@dfo-mpo.gc.ca.
• Restore the shoreline and all site approaches to original condition once work is completed.
• Remove all construction materials and debris from the site upon project completion.
• Implement dust suppression measures where feasible to minimize dust generation.
• Ensure machinery is properly muffled to reduce noise impacts on local residents.
• Turn off construction equipment when not in use, where practical, to minimize idling, noise, and emissions