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Environmental Impact Assessment(EIA) Registration for the ...

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REVISED PROJECT DESCRIPTION AND ENVIRONMENTAL IMPACT ASSESSMENT (<strong>EIA</strong>) REGISTRATION<br />

FOR THE NEPISIGUIT FALLS GENERATING STATION MODIFICATION AND REHABILITATION PROJECT<br />

1.7.2.1 Fisheries Act<br />

The Project may require an Authorization from <strong>the</strong> federal Minister of <strong>the</strong> Department of<br />

Fisheries and Oceans (DFO) if, in <strong>the</strong> opinion of <strong>the</strong> Minister, <strong>the</strong> work would constitute a<br />

Harmful Alteration, Disruption or Destruction (HADD) of fish habitat under Section 35(2) of <strong>the</strong><br />

Fisheries Act.<br />

In consideration of <strong>the</strong> nature and duration of <strong>the</strong> work and planned mitigation to minimize<br />

adverse environmental effects, <strong>the</strong> Minister may determine that an Authorization is not required,<br />

if it is concluded that a HADD to fish habitat is not likely. NB Power is requesting a letter of<br />

advice from DFO on whe<strong>the</strong>r this Project constitutes a HADD to fish habitat.<br />

If DFO determines that an Authorization under Section 35(2) is needed, an EA under CEAA<br />

would be required, and DFO would be a Responsible Authority. In <strong>the</strong> case that DFO<br />

determines that an EA under CEAA is required, NB Power is seeking an exemption to CEAA<br />

from DFO under <strong>the</strong> Exclusion List Regulations, Schedule 1(1). As <strong>the</strong> planned work will not<br />

change <strong>the</strong> historic generating capacity of <strong>the</strong> NFGS, and <strong>the</strong> physical structures in need of<br />

repair will be replaced or repaired with no change in function or capacity, <strong>the</strong> Project can be<br />

considered as “maintenance or repair of a physical work”, as defined under Schedule 1(1),<br />

which would exclude it from <strong>the</strong> requirement of an EA under CEAA. Regardless, an EA has<br />

been carried out in Chapter 4 of this document in <strong>the</strong> event that an EA is ultimately required.<br />

1.7.2.2 Navigable Waters Protection Act<br />

The Nepisiguit River is considered navigable under <strong>the</strong> NWPA.<br />

NB Power submitted an application to <strong>the</strong> Navigable Waters Protection Program (NWPP) <strong>for</strong><br />

approval of <strong>the</strong> Project on October 13, 2010. Approval of <strong>the</strong> Project was received from <strong>the</strong><br />

Minister of Transport, Infrastructure and Communities pursuant to Subsection 10(2) of <strong>the</strong><br />

NWPA. Since that time, NB Power has chosen a different means of carrying out <strong>the</strong> work<br />

(i.e., construction of <strong>the</strong> Coffer Dam ra<strong>the</strong>r than full dewatering of <strong>the</strong> headpond), that warrants<br />

re-application to <strong>the</strong> NWPP. No change to potential project interactions with navigation is<br />

anticipated as a result of this change to <strong>the</strong> preferred means of carrying out <strong>the</strong> Project.<br />

Approval under Section 10(2) of <strong>the</strong> NWPA does not require an environmental assessment<br />

under CEAA.<br />

June 15, 2011 Page 9

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