Long Pond Harbour Proposal

Long Pond Harbour Proposal

Ocean Choice International is proposing a development that includes new land created by infilling 2.73ha (6.75 acres) at the west end of Long Pond, Conception Bay South. The development includes a 90-metre finger pier extending to the north from infilled land. Ocean Choice has noted that a cold storage facility and office building may be built on the infilled land in the future. Ocean Choice first approached Council in 2013 with a proposal to construct a facility in Long Pond, and purchased the property from the Long Pond Harbour Authority in 2018. Stay up-to-date on this project here, or by visiting Ocean Choice’s website.

Status Update

The Town issued a construction permit to OCI on November 2, 2021, and the permit holder has the right to commence work on the project.

Appeal to the Eastern Newfoundland Regional Appeal Board

The Eastern Newfoundland Regional Appeal Board notified the Town and the public that an appeal had been filed against the Town’s decision to issue an approval in principle.

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210129 - ENRAB Decision
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210111 - Supplementary Submission of the Town
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210111 - Affidavit of Corrie Davis
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201124 - Town Submission to ENRAB
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Revised Application

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Public Notice - Canadian Navigable Waters Act - Ocean Choice International - June 28.pdf
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LUIAR Review - Stantec
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Coastal Study for the Proposed Development at Long Pond Harbour - Hydrodynamic Study - Stantec
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210630 - Approval Letter
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Appeal to Supreme Court of Newfoundland and Labrador

The Town is appealing the decision of the Eastern Newfoundland Regional Appeal Board to the Supreme Court of Newfoundland and Labrador.

Media Release
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210211 - Notice of Appeal
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Approval in Principal

  • Ocean Choice International submitted their application to the Town on July 13, 2020. The Town of Conception Bay South issued an Approval in Principle to Ocean Choice, subject to a range of conditions that must be met before the Town can determine if the project can proceed, including a Land Use Impact Assessment Report (LUIAR).  The Approval in Principle was issued by staff and is the first of three approvals required before the applicant can begin development. Ocean Choice will also require final development approval. After which, the Town may issue a construction permit. The LUIAR must be prepared in accordance with a Terms of Reference (TOR), which is prepared and approved by the Town.

Public Questions and Concerns (Terms of Reference Document)

  • The TOR includes the questions that Ocean Choice must answer about potential impacts the proposal development would have on the environment and community. The Town is required to provide an opportunity for the public to review and comment on the TOR. Public notice seeking that input was first published on July 29, 2020. The first round of public questions ended in late August and was used to form a Draft TOR. The Town decided to continue to receive submissions beyond the original deadline, until late September, to ensure that the public had adequate opportunity to provide input.  Those comments then resulted in the Revised Draft TOR, which was released on October 5, 2020. The Town further accepted comments on the Revised Draft TOR from the public up to October 16, 2020, which is now being used to formulate the final Terms of Reference.
  • Throughout the 3-month public engagement process, the TOR was revised to reflect questions raised by the public that Council feels should be addressed in the Land Use Impact Assessment Report. The Town has been working with a third-party consultant to ensure all relevant questions and concerns are accurately included. Once Council approves the final TOR, it will be made available to the public and Ocean Choice will then take the next step of finalizing and submitting their LUIAR.
Nov 4 2020 Terms of Reference for the Land Use Impact Assessment Report
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Land Use Impact Assessment Report

  • Ocean Choice indicated that they have been working on components of the LUIAR based on the earlier drafts of the TOR, in anticipation of the final document. Upon submission of the LUIAR to Council, Council must review and approve the report before final development approval can be considered. Council continues to engage residents and solicit their input and a decision to proceed with the development has not been made at this time. The Town aims to work in the best interests of residents.  The Town and Ocean Choice are aligned on this, and want residents to feel that their interests are being heard. View the Public Consultation on the Land Use Impact Assessment Report on YouTube
Appendix A - FINAL TOR with Cover
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Appendix B - Jan 16-2018 Allnoth NL Survey Long Pond
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Appendix C - Water Lot Legal Survey - Terminal Road - Long Pond Harbour - CBS
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Appendix D - Wharf Construction Design & Location Plan (2)
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Appendix E - Long Pond Stakeholder Communications Plan
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Appendix F - Stantec Report Sept 2020
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Appendix G - FINAL Coastal Study of Long Pond Harbour Development NL
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Appendix H - Full Bathymetric SURVEY - 1 Long Pond Harbour
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Appendix H - YatchClub-2013-AS-BUILT
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Appendix I - Contour Map by PEG (2)
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Appendix J - Coastal Engineering Study -LPHA Wave Gauge Deployment Jan 2019
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Appendix K - COstal Engineering Study Breakwater Upgrade - August 2018
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Appendix L - OCI- Noise Spot Check Measurements - Final
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Appendix M - Traffic Impact Statement_ITC_NOV-10-2020 Harbourside Transport Consultants
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Appendix N - LongPond_GeotechReport_FFC-NL-3132-003_submitted_190702
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Appendix O - 20-10-14 Progressive Engineering Report - Water-Sewer - OCI Development Long Pond
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Appendix O - Water and Sewer - Storm FLows - Progressive Engineering - Sept 2020
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Appendix P - Nav Waters Application 2019-200018
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Appendix Q - DFO Habitat Sept 18-2020 OmniMarineServices
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Appendix Q - Gov of Canada Environment & Climate Change Canada May 2019
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Appendix Q - Gov't NL Permit to Alter Body of Water- Nov 16-2020
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Appendix Q - Govt NL Permit to Alter a body of Water - Sept 18, 2020
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Appendix Q - Permit in Principle Town of CBS
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Appendix Q - Sept 22, 2020 LPHA Support letter
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Appendix Q - Signed - OCI Fisheries Act Authorization_Aug19
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Appendix Q -Sept 20-2018 NL Gov_Envir_Response_To_OCI Long Pond
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Appendix R - Seaforce diving report
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Appendix S - Frackflow -TechMemo_Rock Properties - February 2019
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Disclaimer for Appendix C
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LUIAR November 16 - FINAL
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Ocean Choice - LUIAR Submission Letter - Nov 2020
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201102 - Final Draft Terms of Reference - LUIAR
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201005 - Revised Draft Terms of Reference LUIAR
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201005 - Public Notice: Revised Draft Terms of Reference - LUIAR
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200925 - Flyer Long Pond Development Proposal
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200923 - OCI Update
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200918 - Letter to Residents
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200916 - CBC Morning Show Article
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200828 - OCI Letter
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200729 - Public Notice
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200728 - Initial Draft Terms of Reference LUIAR
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200708 - OCI Application
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Public Feedback Submissions

Additional Information

Frequently Asked Questions

No. The Town has issued an Approval in Principle, which outlines the conditions that must be met, including completion of a Land Use Impact Assessment Report, that would be considered by Council prior to a final approval.

If approved, the facility will increase the provinces cold storage capacity while providing local employment and spin-off business opportunities for the area.

Significant Local Investment: Approximately $15 million in the start-up phase creating local job opportunities.

New Job Creation: 30-40 new jobs will be created once the cold storage facility is operational.

Spin-Off Business Opportunities: New opportunities for supply services in the area.

Increase Cold Storage Capacity in NL: The new facility has the ability to accommodate over 3,000 metric tonnes of seafood.

Modern Technology: The operation will feature the most modern technology currently available on the market.

The Town intends to engage a socio-economic analysis consultant to provide further information with respect to the economic benefits that could accrue to the Town and other businesses within the community if the project proceeds.

The proposed development will see 1.7 hectares of the waterlot infilled to create new land for the cold storage facility, laydown and parking as well as an approximate 90 metre wharf. After acquiring the waterlot in 2018, Ocean Choice submitted a proposal for approximately 2.5 hectares to the federal and provincial regulatory departments. Since this time, Ocean Choice has adjusted its development plan to reduce the footprint to 1.7 hectares of new land – this is what was submitted to the Town of Conception Bay South. There is an opportunity to develop the additional 0.8 hectares on the wharf side of the development for an extension to the wharf – this is the 2.5 hectares that was included in the proposed development plan to the federal and provincial regulatory authorities. There has been no decision made on this, as the existing 1.7 hectares meets the company’s existing cold storage and offloading needs.

No. The LPHA is a not for profit organization under the provisions of the Corporations Act of Newfoundland and Labrador, with a board of directors comprised of port users, community, recreational, business members and Town employees.  The board of directors maintains the fiduciary responsibility for the long-term sustainable future of the Port of Long Pond.

Out of respect for Long Pond Harbour Authority Inc. (LPHA) clients, the business conducted is of a private matter between two organizations and not for the general public. To ensure continuity and credibility, LPHA is very sensitive to the sharing of information. To that end, the Authority does not share information discussed or decided on with the general public. However, you can find information, including recent annual reports, on their website http://portoflongpond.ca/. Board members voted on and approved the sale of unusable harbour bed, which was divested from Transport Canada in 2013. Stakeholders in the sale of the property were the owner of the property and the buyer of the property. Questions related to the sale of the water lot/land are best directed to either the Long Pond Harbour Authority Inc. or Transport Canada, as that agency approved the transfer.

The original notice of this project was issued on July 29, 2020 to all properties and business owners within 100 meters of the new development, which is standard practice. In addition, information was posted on the Town’s website, social media accounts and in The Shoreline News. With this being said, after receiving important feedback from nearby residents, the Town of Conception Bay South realizes that given the size of this project, the notice should have been distributed to more residents. As a result, the Town continues to accept written feedback from residents. In the future, our goal is to keep residents as informed as possible. Ocean Choice began engaging key stakeholders during the week of August 24, 2020, to share information proactively. Public consultation is ongoing.

As part of the proposed development, Ocean Choice plans to create a new, clearly marked and more direct channel along the edge of the property. The new clearly marked channel will be developed with the safety of users in mind and will be as deep as the current channel used by boaters.

The Municipal Plan (Sections 4.3.8 & 4.3.14(3)) and Development Regulations (Sections 4.15 & 5.10(1)(c) ) allow commercial and industrial development in the High Hazard vulnerability area subject to a Land Use Impact Assessment Report.

The proposal complies with the intent of the Town’s Municipal Plan and zoning for Industrial General. The Approval in Principle (Development Regulations Section 4.10) is the first step and outlines the further information, work and studies that are required from the applicant before development approval can be considered. If the applicant can meet the conditions outlined in the Approval in Principle, including, but not limited to, Council’s acceptance of a Land Use Impact Assessment Report and an overall Council approval, then a development approval (Section 4.11 of the Development Regulations) would be granted.

At that point, subject to payment for any fees and deposits required by the Town, a construction permit would be issued. The Land Use Impact Assessment Report must be prepared by the applicant, in accordance with the terms of reference that will be approved by Council.

Council has not yet approved a final version of the Terms of Reference for the Land Use Impact Assessment Report (LUIAR). The Terms of Reference is essentially the list of questions that must be answered to Council’s satisfaction on what the possible impacts could be related to the proposed development and how the applicant would mitigate those impacts. Once approved by Council, the final Terms of Reference for the LUIAR will be available to the public. The LUIAR must include opportunities for residents and businesses to bring forward any concerns through public consultation. When completed and submitted to the Town, Council has agreed to make the report available to the public.

The Town does not have the authority to require a formal Environmental Assessment. The provincial Government, through the Environmental Assessment Division of the Department of Environment, Climate Change and Municipalities has that authority. Information about the provincial environmental assessment process, including what proposals must register for Environmental Assessment, is available on Government’s website at www.gov.nl.ca/eccm/env-assessment/

Ocean Choice has been actively engaged in rigorous federal, provincial and municipal regulatory approvals for this development. It is the provincial government and not the Town that has authority over formal environmental assessments. The Province advised Ocean Choice that the proposed project does not require a formal environmental assessment.  However, the Town is requiring that Ocean Choice complete a Land Use Impact Assessment Report to identify and propose mitigation of potential environmental impacts. This report will be made available to the public. A final development approval will not be issued until the report is reviewed and approved by Council.

Ocean Choice has met with residents to discuss:

• Flooding – OCI agreed to conduct a flood study
• Channel width and access – OCI committed to dredge a channel that is as least as good as what currently exists
• Noise – OCI encouraged residents to visit their plant in Harbour Grace

The Town considers impacts of development as a part of the development application review process. The Land Use Impact Assessment Report is intended to identify potential issues that could arise from the proposed development and provide mitigations for those impacts. You may also reach out to the Planning & Development Department with your concerns at planning@conceptionbaysouth.ca.

The Town did not sell the water lot/land.  The LPHA (Long Pond Harbour Authority Inc.) sold the water lot / land to Ocean Choice with the approval of the federal minister responsible for Transport Canada. Ocean Choice has made application to the Federal Department of Fisheries and Oceans’ Marine Fish Habitat Compensation Plan – Fisheries Act Authorization regarding the eel grass (and other fish habitats) in the area of their proposed development.

Questions related to the sale are best directed to either the Long Pond Harbour Authority Inc. or Transport Canada, as that agency approved the transfer. Questions about the Land Use Impact Assessment process can be directed to the Town. The Town’s ATIPPA coordinator can be reached by calling 834-6500, ext. 101 or emailing info@conceptionbaysouth.ca. Learn more by visiting Access to Information.

Please view the map here, which indicates the property boundary (indicated by a dotted line), infill area and channel. This is also registered at the Registry of Deeds. (Reg. No. 942835). You may also view the water lot boundary for:

  1. Long Pond Harbour Authority
  2. Long Pond, Manuels Inner Harbour

No.  The Town does not control or manage the Province’s process for issuing permits.

These questions should be directed to Ocean Choice through the question section of their website or to Transport Canada’s Navigation Protection Program Please visit Transport Canada’s website to learn more about this process. The seasonal water flow will be assessed as part of the Land Use Impact Assessment Report.

To view a map, please visit the following link:  http://portoflongpond.ca/about/. The red line is the Long Pond Harbour Authority (LPHA) boundary, often referred to as the outer harbour. The Town has jurisdiction over the inner harbour, which starts at the beginning of the channel heading to the Yacht Club and follows the 1951 Original High Water Mark along the entire shoreline within that area.

In situations of erratic boating activity, problem boaters and possible illegal activity, residents should contact the Royal Newfoundland Constabulary or Transport Canada – Office of Boating Safety

Telephone: 1-800-230-3693
Email: obs-atl-bsn@tc.gc.ca

Those agencies will dispatch other agencies, as warranted, depending on the situation. For emergency situations, residents should always call 911. The Port does not have an enforcement patrol boat.

Since 2016, the Town of Conception Bay South grants water lot leases in the inner harbour, while the Long Pond Harbour Authority grants water lot leases in the outer harbour. The Town’s Planning and Development Department issues permits for construction, in conjunction with provincial/federal regulatory agencies, as required.

Leases in the Inner Harbour are managed by the Town of Conception Bay South. Leases in the Outer Harbour are managed by the Long Pond Harbour Authority. Requirements of leases may differ depending on the lessor.  

There are speed limit signs posted at both ends of the channel that runs parallel to the ocean. Recreational/pleasure boat operators are required to obtain a Pleasure Craft Operators Card through an online training course followed by an exam. It is illegal to operate a pleasure craft without one in Canada. Information can be found at: https://tc.canada.ca/en/marine-transportation/marine-safety/office-boating-safety 

Ocean Choice is a commercial enterprise. The Town understands that the proposed development is a part of the company’s long-term business planning.

The Town has consulted with an accredited appraiser of the Appraisal Institute of Canada, who indicated that although there may be impacts on property values, quantifying that impact would be impossible to determine.

The Town can only respond to the application that has been submitted. The Town is not privy to the business planning decisions of the applicant that led them to the decision to pursue the current application and what other options were considered.

Property tax rates are established by Council through its annual budgetary process. Council’s budgetary process is designed to balance tax and other revenues with the cost of providing municipal services. The Town does not anticipate any significant increase in the cost of municipal services, or the demand for municipal services, if the project is approved and built.

If approved, the Town requires payment of a deposit to the Town, to ensure that commercial and industrial projects are completed as proposed and approved.

The total amount of tax revenue to the Town will be unknown until he project has been built and assessed by the Municipal Assessment Agency. Commercial/industrial property and business tax mill rates are established annually though the Town’s budgetary process. To date, the Town has not been advised that the applicant will seek, or has been granted any form of provincial or municipal tax relief through existing business attraction incentive programs.

Shoreline access is managed by the Provincial Government through the Crown shoreline reserve that is established under the Lands Act. Upland property owners have the right to apply for use of the Crown Reserve and may also apply to the Long Pond Harbour Authority for a water lot lease. For further information on the shore line reservation, refer to Section 7 of the Lands Act.

The Town reserves the right to consolidate questions to avoid duplication and to ensure readability. If you feel your question was not accurately captured, please write to us looking for clarification. The Town encourages residents to submit questions to planning@conceptionbaysouth.ca.

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