Notice of Determination

October 27, 2023 – Indigenous Services Canada has determined that the proposed Ginoogaming KM 132 Bridge Replacement Project is not likely to cause adverse environmental effects.

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

• Impacts on the rights of indigenous peoples
• Indigenous knowledge
• Community knowledge
• Mitigation measures

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

Temporary Erosion and Sediment Control Measures OPPS 805, except the following:

The First Nation reserves the right to require the Contractor to prepare a formal temporary erosion and sediment control plan prior to the commencement of construction.

All temporary erosion and sediment control measures shall be installed prior to the commencement of construction and maintained throughout construction as work areas and site conditions change.

The following OPSD's are referenced as applicable for temporary erosion and sediment control measures: 219.110Light Duty Silt Fence Barrier,219.130Heavy Duty Silt Fence barrier, 219.180 Straw Bale Flow Check Dam, 219.210 Rock Flow Check Dam V-Ditch, and 219.211 Rock Flow Check Dam Flat Bottom Ditch

Payment for these works, including sediment removal, installation, inspection, maintenance, and removal of these works shall be lump sum under the tender item Environmental Protection.

Site Work Areas

Confine operations to limits of the site working area shown on Drawings.

Install barricades/fencing complete with signage to delineate the construction zone on the road.

Utilize existing access roads/trails and lay down areas whenever possible to limit disturbance to natural conditions.

REFUELING

Carry out all equipment maintenance and refueling so as to prevent the entry of petroleum products into the ground or watercourses at all times.

NOISE EMISSIONS

Control noise emission from equipment and plant to local authorities' noise emission requirements.

DUST CONTROL

Cover or wet down dry materials and rubbish to prevent blowing dust and debris. Provide dust control for temporary roads.

ARCHAEOLOGY

During the performance of the work, have regard to the requirements of the Ontario Heritage Act, RSO 1980, Chapter 59, and the Cemeteries Act,RSO1980, Chapter 337.

If any archaeological or historical resources are discovered during the performance of the work, operations within the vicinity will cease immediately and the Ministry of Tourism, Culture and Sport(MTCS) will be contacted at1-888-997-9015.Do not resume work in the area of the discovery until cleared to do so by the Ministry. The Contract Administrator and Owner must also be contacted.

SITE RESTORATION

In general, restore the site to conditions equal to or, if specified elsewhere, to a condition better than existing conditions.

Restore lands outside of the limits of Work, which are disturbed by the Work to their original condition.

SPILLS REPORTING

In the event of a spill or other emission of a pollutant into the natural environment, every person responsible for the emission or who causes or permits it must forthwith notify:

1. The Ministry of Environment;

2. the First Nation within the boundaries of which the spill occurred;

3. the Owner of the pollutant, if known;

4. the person having control of the pollutant, if known;

5. The Contract Administrator and indicate the circumstances thereof, and the action taken or intended to be taken with respect thereto.

CONTINGENCY PLAN

Prior to commencing construction, prepare a contingency plan for the control and clean-up of a spill. Submit for Contract Administrator's review and the review of other responsible Parties a copy  of the Contingency Plan and make appropriate changes to it based on review comments received. The plans shall be reviewed at the pre-construction meeting. The Contingency Plan shall include:

the names and telephone numbers of the persons in the local municipalities to be notified forthwith of a spill;

the names and telephone numbers of the representatives of the fire, the police and the health departments of the local municipalities who are responsible to respond to emergency situations;

the names and telephone numbers of the companies experienced in the

control and cleanup of hazardous materials that would be called upon in an emergency involving a spill;

the Contractor's proposal for the immediate containment and control of the spill, the cleanup procedures to be initiated immediately and any other action to be taken to mitigate the potential environmental damage while awaiting additional assistance; and the name and the office and home telephone number of the Contractor's representative responsible for preparing, implementing, directing, and supervising the contingency plan.

SITE CLEARING AND VEGETATION PROTECTION

Protect trees and plants on site and adjacent properties where indicated.

Minimize stripping of topsoil and vegetation to only the areas required for construction.

Restrict tree removal to areas indicated or designated by Contract Administrator.

Removal of trees and shrubs should be avoided during the migratory bird breeding season (April21 to August 31); if unavoidable, the Service Provider will visually inspect the area prior to clearing to confirm there is no birdnesting activity.  If nests are observed then clearing shall be avoided within 3metresat minimum of known nests containing eggs or young, and the area should beflagged and avoided until the birds have completed nesting and have left the area.

DFO Requirements

Plan in-water works, undertakings and activities to respect timing windows to protect fish, including their eggs, juveniles, spawning adults and/or the organisms upon which they feed and migrate.

                In-water work timeline: between June 16andAugust 31

Exclude, capture, relocate and monitor for fish trapped within isolated, enclosed or dewatered areas

Dewater gradually to reduce the potential for stranding fish Screen intake pipes to prevent entrainment or impingement of fish

Use the code of practice for water intake screens: Interim code of practice: End-of-pipe fish protection screens for small water intakes in freshwater (dfo-mpo.gc.ca)

                Limit impacts on riparian vegetation to those approved for the work, undertaking or activity

Limit access to banks or areas adjacent to waterbodies Construct access points and approaches perpendicular to the watercourse or waterbody

Re-vegetate the disturbed area with native species suitable for the site

Prune or top the vegetation instead of grubbing/uprooting

If replacement of rock reinforcement/ armoring is required to stabilize eroding areas around bridge structures, the following should be incorporated:

Place appropriately sized, clean rocks into the eroding area Do not obtain rocks from below the ordinary high water mark of

any water body

Ensure rock does not interfere with fish passage or construct the channel width

Restore stream geomorphology(i.e. restore the bed and banks, gradient and contour of the waterbody)to its initial state.

Conduct in-water undertakings and activities during periods of low flow Develop and implement an erosion and sediment control plan to avoid

the introduction of sediment into any waterbody during all phases of the work, undertaking, or activity.

Conduct all in-water works, undertakings or activities in isolation of open or flowing water to reduce the introduction of sediment into the watercourse

Schedule work to avoid wet, windy and rainy period (and heed weather advisories) that may result in high flow volumes and/or increase erosion and sedimentation

Monitor the watercourse to observe sign of sedimentation during all phases of the work, undertaking or activity and take corrective action

Limit the duration of in-water works, undertakings and activities so that it does not diminish the ability of fish to carry out one or more of their processes (spawning, rearing, feeding, migrating).

Inspect and maintain regularly the erosion and sediment control measures and structures during all phases of the project

Operate machinery on land above the normal high-water mark of any waterbody or watercourse.

Maintain an appropriate depth and flow downstream of the work area(i.e. base flow and seasonal flow of water) for the protection of fish and fish habitat.

Do not deposit any deleterious substances in the watercourse

Develop and implement a response plan in the case of a spill of a deleterious substance

Payment for treatment of disturbed earth slopes with topsoil, cover, and seed shall be included in the environmental protection item.

Timing of In-Water Works, Oversight Requirements, and Measures to Avoid Fish Harm

Any Work in water shall commence no sooner than June 16, 2023,and be completed no later than August 31 in a given year.

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

Therefore, Indigenous Services Canada many 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.