Notice of Determination

St. Catharines, Ontario – May 4 2021 – The Department of Fisheries and Oceans, Real Property Ontario and Prairie Region, Engineering and Technical Support has determined that the proposed Port Weller Water Level Gauge Station Shoreline Reinforcement Project is not likely to cause significant adverse environmental effects.

This determination was based on a consideration of the following factors:

  • impacts on rights of Indigenous peoples;
  • Indigenous knowledge;
  • community knowledge;
  • comments received from the public;
  • letter of advice received from the Fish and Fish Habitat Protection Program;
  • discussion with the Niagara Region Conservation Authority; and
  • technically and economically feasible mitigation measures.

Mitigation measures taken into account for this determination are:

  • In order to comply with the Migratory Birds Convention Act, a nest inspection will be completed by a qualified ecologist to confirm no nests are present prior to any tree removals.
  • In-water works, undertakings, and activities will be conducted during periods of low water and will respect timing windows to protect fish, including their eggs, juveniles, spawning adults, and/or the organisms upon which they feed and migrate.
    • No in-water work will occur between April 1st and May 15th
  • The work area will be electrofished to ensure fish move out of the site before the works commence and then a turbidity curtain will be installed in such a way that fish are excluded from the work. The turbidity will be installed by ‘sweeping' out from shore to deter fishes out of the work area.
  • Effective erosion and sediment control measures such as a filtrex silt sock barrier, turbidity curtain, and tree protection fencing around the in-water work zone will be installed and regularly inspected and maintained during all phases of the project.
  • Any disturbed habitat features and areas impacted by the proposed works will be remediated and restored at the end of the project.

The Department of Fisheries and Oceans, Real Property Ontario and Prairie Region, Engineering and Technical Support is satisfied that the carrying out of the project is not likely to cause significant adverse environmental effects.


Therefore, the Department of Fisheries and Oceans, Real Property Ontario and Prairie Region may carry out the project, exercise any power, perform any duty or function, or provide financial assistance to enable the project to be carried out in whole or in part.

Document Reference Number: 2

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