Terms and Conditions for Environmental Assessment Approval 

Wedgeport Wind Farm Project – Wedgeport Wind Farm GP Inc., Elemental Energy Renewables Inc., Stevens Wind Ltd. and Sipekne’katik First Nation, carrying on business as Wedgeport Wind Farm Limited Partnership – Yarmouth County, Nova Scotia – download PDF

Higgins Mountain Wind Farm Project – Higgins Mountain Wind Farm Limited Partnership – Cumberland and Colchester Counties, Nova Scotia – download PDF

Mersey River Wind Farm – Mersey River Wind Inc. – Queens County, Nova Scotia – download PDF

4 Project Design and Operation

Prior to road construction and/or upgrades, the Approval Holder shall submit updated noise modelling for all seasonal and permanent receptors identified in the registration documents, to include background/baseline noise, in accordance with Guidance for Evaluating Human Health Impacts in Environmental Assessment: Noise (Health Canada, 2017). The updated modelling must demonstrate compliance with this Approval (See section 7).

Prior to road construction and/or upgrades, the Approval Holder shall submit an updated shadow flicker assessment, noise modelling, and the final turbine selection/placement to the Department. The updated modelling must demonstrate compliance with this Approval.

The Approval Holder shall be responsible for the costs of any third-party review of plans, reports, or monitoring results deemed necessary by the Department over the life of the Project.

5 Water Resources

The Approval Holder shall not conduct any Project activities, construct a turbine (measured from the tip of the blade), or remove vegetation within 30 metres of a watercourse and/or a wetland unless otherwise authorized in writing by the Department.

Prior to road construction and/or upgrades, the Approval Holder shall submit a surface water management plan to the Department. This plan shall identify potential effects from construction of roads or other Project components on local surface water drainage patterns and identify mitigation measures for the protection of wetlands and watercourses. This plan shall be developed by a qualified professional engineer, hydrogeologist or geoscientist licensed to practice in the Province of Nova Scotia.

Prior to commencement, the Approval Holder shall submit a detailed sediment and erosion control plan to the Department. The plan shall include all clearing, grubbing, and stripping required for the Project and shall be designed by a professional engineer licensed to practice in Nova Scotia.

The Approval Holder, at their expense, shall replace any water supplies lost or damaged resulting from Project operations, as authorized and required by the Department.

The Approval Holder shall immediately contact the Department should sulphide bearing material be encountered on the Project site, and at the request of the Department, develop and implement a plan to manage the sulphide bearing material.

6 Habitat, Flora and Fauna

Prior to commencement of the Project, the Approval Holder shall provide the Wildlife Division and Regional Services, Department of Natural Resources and Renewables (NRR) with digital way points and shape files revealing precise locations for wetlands, and species listed under the Species at Risk Act (SARA) and/or Endangered Species Act (ESA), as well as Species of Special Concern (i.e. species assessed by the Committee on the Status of Endangered Wildlife in Canada as at risk, but not listed under SARA or ESA, and all S1, S2 and S3 listed species under the Atlantic Canada Conservation data Centre) identified during field work. The data provided to NRR shall include, at minimum, the date of the field observances and habitat description.

Prior to commencement of the Project, the Approval Holder shall submit a Wildlife Management Plan to ECC, NRR and Environment and Climate Change Canada (ECCC). The plan must describe how the Approval Holder intends to meet the requirements of relevant federal and provincial legislation, including but not limited to, ESA, the Migratory Birds Convention Act and SARA.

Prior to the time turbine(s) become operational, the Approval Holder must complete an additional year of baseline field bird studies to inform future monitoring and mitigation planning.

Prior to the time turbine(s) become operational, the Approval Holder must complete an additional year of baseline field bat studies to inform future monitoring and mitigation planning.

The Approval Holder must develop a mortality monitoring program for birds and bats for not less than two years. The program shall be implemented from the time turbine(s) become operational. The monitoring program and associated reporting requirements shall be provided to NRR and ECCC.

[wwf] Prior to the construction of turbine(s) the Approval Holder must develop an Adaptive Management Plan that includes a decision-making process to mitigate potential project impacts to bird and bat species. The Adaptive Management Plan and associated reporting shall be provided to NRR and ECCC. The program shall be implemented from the time turbine(s) become operational. Additional mitigation measures may be required by the Department.

[mrwf, hmwf] The Approval Holder must develop a monitoring program for Mainland Moose for not less than two years. The program shall be implemented from the time the turbines become operational.

7 Air Quality, Noise and Visual Impact

The Approval Holder shall ensure that noise levels at any permanent or seasonal receptors do not exceed 40 dBA. At the request of the Department, the Approval Holder shall develop and implement a plan to monitor noise levels under varying climatic conditions. The plan shall include, sampling locations, parameters, monitoring methods, protocols and frequency.

The Approval Holder shall ensure that noise emissions meet sound levels limits specified in the Nova Scotia Environment and Climate Change “Guidelines for Environmental Noise Measurement and Assessment” (2005), as amended from time to time.

At the request of the Department, the Approval Holder shall develop and implement a plan to monitor shadow flicker under varying seasonal conditions. The plan shall include sampling locations, parameters, monitoring methods, protocols and frequency.

The Approval Holder shall ensure that shadow flicker does not exceed the shadow flicker limits of 30 minutes per day, or 30 hours per year, at any permanent or seasonal receptor.

8 Archaeological and Heritage Resources

[mrwf] Prior to construction of the Project, the Approval Holder shall complete subsurface testing for area HPA-06, and if they are to be disturbed, areas HPA-01 to HPA-05, HPA-07, HPA-09 and HPA-14. These areas are identified in Heritage Research Permit Report A2022NS034.

The Approval Holder shall cease work and contact the Special Places Coordinator, Nova Scotia Department of Communities, Culture, Tourism and Heritage (CCTH) immediately upon discovery of an archaeological, or paleontological site, artifact or fossil specimen unearthed during any phase of the Project. If the find is of certain or possible Mi’kmaq origin, the Approval Holder shall also contact the appropriate Mi’kmaq representatives as advised by CCTH.

[hmwf] The Approval Holder must complete and submit to CCTH, an Archaeological Resource Impact Assessment (ARIA) to include project areas not covered by the ARIA summarized in the Registration Document (Heritage Research Permit A2022NS134).

9 Public Engagement

Prior to commencement of the Project, the Approval Holder shall develop and implement a comprehensive complaint resolution plan for receiving and responding to complaints related to the Project. The plan will include, but not be limited to, a reporting system which records all complaints received, sets out a timeline for responding to complaints and establishes a recording system that details all corrective measures taken to alleviate the cause and prevent its recurrence. The plan shall be made available to the Department upon request.

The Approval Holder shall appoint a contact person designated to deal with complaints and shall provide the contact information to the Department.

At the request of the Department, the Approval Holder shall develop and implement a plan for the formation and operation of a Community Liaison Committee (CLC) including terms of reference, which meet the Department’s Guide for the Formation and Operation of a Community Liaison Committee, as amended from time to time. [hmwf: The Approval Holder shall present to the CLC a table describing efforts made to further address concerns raised through the public EA review period.] The Approval Holder shall operate the CLC for the duration of the Project or until released in writing by the Department.

10 Engagement with the Mi’kmaq of Nova Scotia

Prior to commencement of the Project, the Approval Holder shall develop and implement a Mi’kmaq Communication Plan, which will include, but not be limited to, a process for communicating Project details and seeking input from the Mi’kmaq of Nova Scotia on the development and implementation of Project mitigation and monitoring plans. The plan shall be updated regularly and be available to the Department and the Mi’kmaq of Nova Scotia upon request.

11 Contingency Plan

Prior to commencement of the Project, the Approval Holder shall submit a comprehensive contingency plan to the Department which meets the Department’s Contingency Planning Guidelines. The plan shall provide preventative measures and address accidental occurrences including, but not limited to, spills of hydrocarbons or other hazardous materials, failure of erosion and sediment control measures, fires and vehicular collisions. The Plan shall be implemented, maintained, and updated over the life of the Project.

The contingency plan shall be maintained and updated as necessary, always kept on the Project site (while personnel are on site) and be made available to the Department upon request.

12 Rehabilitation

The Approval Holder shall submit a decommissioning and site reclamation plan to the Department two years prior to the end of operation.

Project operations shall be completed and reclaimed to the satisfaction of the Department and other appropriate regulatory departments.

In the event any turbine ceases to be operational for a period of two years, the Approval Holder shall submit a report to the Department outlining a timeline for reparation to the unit(s) to either render it fully functional or provide similar details for removing the turbine from the site within two years from the date the report was received by the Department.

Honourable Timothy Halman, MLA
Minister of Environment and Climate Change