Notice of determination

May 1, 2024 – Indigenous Services Canada has determined that the proposed Kasabonika Lake First Nation Band Representative Facility is not likely to cause significant adverse environmental effects.

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

• Community knowledge; and
• Mitigation measures to address potential impacts resulting from construction activities.

Implementation of mitigation measures is required for the project to address:

• The potential to release a polluting substance into the land, water or air resulting from equipment leaks, spills and fuel handling will be mitigated by:
  • • Preparing an Environmental Protection Plan, Spill Control Plan, Contaminant Prevention Plan and Waste Water Management Plan for the project
    • Ensuring equipment is checked regularly and repaired when leaks are detected
    • Fuel to be handled according to federal and provincial regulations
    • Fuel to be stored in a double walled tank further than 30m from any surface water
    • Spill kit to be located on site
    • Contact MECP Spills Action Centre is there is a spill in excess of 100L
    • Any hazardous wastes, such as used oil, will be transported to a licensed facility
    • All materials will be inspected for contamination prior to utilizing in construction
    • If contaminated soils are encountered during excavation, works should be halted and the engineer will be notified along with any related First Nation and provincial/federal authorities as applicable. The content of contamination would be determined, removed and disposed of in accordance with the CCME Guidance Manual for Environmental Site Characterization and Human Health Risk Assessment (2016)
    • Any areas of stockpiled or exposed soil should be stabilized using tarps or similar covers
    • Ensuring equipment is maintained regularly and emissions meet federal and provincial standards
• The potential for siltation / erosion of exposed materials off-site, or into nearby surface water will be mitigated by:
  • • Preparing an Environmental Protection Plan, Waste Water Management Plan and Erosion and Sediment Control Plan for the project
    • Installing erosion and sediment controls around the perimeter of disturbed work areas
    • Stabilization of stockpiles and exposed slopes as soon as possible
    • Monitoring weather conditions and completing inspection and maintenance where required
• The potential to release a polluting substance into the land, water or air resulting from a reduction in air quality from heavy equipment emissions and dust will be mitigated by:
  • • Regular equipment and vehicle maintenance and minimized idling
    • Avoiding excavation during times of excessive wind, and implementing temporary shut-downs and dust control measures when necessary
    • Wet down or cover exposed soils
    • Any back-up diesel generators will comply with Ontario Regulation 419/05 Air Pollution. The unit will be installed by a TSSA certified individual
• The potential to alter landscape features (vegetation clearing) will be mitigated by:
  • • The area to be cleared will be marked to ensure excess clearing is not conducted
    • The movement of vehicles and machinery will be restricted to the work areas and designated access points
    • All construction materials will be removed at the completion of work
    • Re-vegetate cleared/bare areas to minimize exposed soils and erosion potential, preferably with native trees, shrubs or grasses and cover areas with mulch to prevent soil erosion and to help seeds germinate
• The potential to cause sensory disturbances such as noise and/or vibrations will be mitigated by:
  • • Construction equipment and mufflers to be serviced regularly
    • Works to be completed during daylight hours only
    • Local residents to be informed of construction schedule when near residential areas
    • Avoid unnecessary and excess noise
    • A noise control program will be implemented to keep noise levels below an acceptable threshold
    • Speed limits shall be respected
    • Any powered equipment will be shut off when not in use
• The potential to result in changes to the environment that may affect Indigenous peoples physical and cultural heritage, or anything of historical, or archaeological significance that may be encountered or disturbed during construction will be mitigated by:
  • • If heritage or historic resources are uncovered during the works, work will temporarily cease and the First Nations Council and Elders will be contacted along with any applicable federal or provincial authorities to examine the site and determine a proper course of action prior to works commencing in the area
    • If any human remains are discovered during project activities, all work in the location concerned must be halted immediately and the appropriate local authority must be notified immediately. Work shall not resume at that location until measures for the protection of those remains have been put in place, including measures determined appropriate by the community
    • In the case of new excavation, or excavation that will widen, deepen or otherwise alter the footprint of a previous excavation in the zones of elevated archaeological potential, an archaeologist may need to be called on site to monitor that work
• The potential to result in changes in the environment that may affect services and infrastructure, such as disruption to service road access and travel corridors will be mitigated by:
  • • Informing residents of an scheduled disruptions to access roads. Any disruptions will be temporary and of short duration
• The potential to result in changes to the environment that may affect human health and safety during construction will be mitigated by:
  • • Preparing a Non-Hazardous Solid Waste Disposal Plan and Traffic Control Plan for the project
    • The work are will be clean at the end of each day
    • Waste materials will be separated for reuse and recycling
    • Workplace Health and Safety regulations and the Contractor's safety program will be followed by all employees on the construction site including the use of PPE at all times
    • Public access to the construction site will be limited
    • The Ontario Occupational Health and Safety Act and Canada Occupational Health and Safety Regulations will be adhered to
    • Construction works will be completed during daylight hours only
    • Flagmen and barricades are to be utilized where and when necessary
    • The Contractor will adhere to any federal, provincial or community public health orders regarding disease transmission (including COVID-19 restrictions)
    • And injuries, incidents or fatalities will be reported immediately to the Workplace Safety and Insurance Board of Ontario
    • Warning signs will be placed at the entrance to the construction site and unauthorized entry to the construction site by the public will be prevented by a perimeter fence and locked gate
    • If a construction camp is set up by a Contractor, they will utilize local water distribution and wastewater collection systems
    • The Contractor will be made aware of travelling with caution in areas where children may be present (residential and school zones)
    • The operators will work with the equipment suppliers and Health Canada to ensure proper operation, maintenance, sampling/testing procedures and emergency protocols are in place
• The potential to impact migratory birds and species at risk (SAR) bats that may be present on or near the project site, resulting from site clearing activities (tree removal) will be mitigated by:
  • • Conducting vegetation and tree removal should not occur during the breeding bird nesting season, which is between April 15 to August 31 each year
    • Based on desktop analysis, the drone survey and site visit completed, it was determined that the site is not considered suitable bat habitat. This is based on the fact that threes identified on site did not have a greater diameter than 6-8 inches and no roosting habitat such as snag/cavity trees were observed. Furthermore, the community has confirmed at the no bat species have been seen at the proposed site

Indigenous Services Canada is satisfied that that the carrying out of the project is not likely to cause significant adverse environmental effects.

Therefore, Indigenous Services Canada 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.