Notice of Determination

Poplar River First Nation – January 16, 2024 Indigenous Services Canada and Transport Canada have determined that the proposed Poplar River Bridge Replacement 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; and
  • technically and economically feasible mitigation measures.

Mitigation measures taken into account for this determination are:

The Emergency Spill Response Plan and the Waste Management Plan for the project shall be drafted andsubmitted to the Poplar River First Nation project representatives and the ISC Environment Officer for review and approval.

The Waste Management Plan shall consider the requirements for handling, storing, staging, transporting,
documenting, diverting and/or disposing of all waste materials from the construction, demolition and repair of
the Franklin River bridges and the Poplar River bridge.

The contractor(s) shall provide proof of final disposal of the waste materials (i.e., invoices, way bills,
manifests, etc.) at an off reserve waste disposal facility (i.e., provincially licenced facility) as part of the
Mitigation Measures Compliance Report (see attached). Any scrap metal from the project should be
considered for diversion/recycling at a scrap metal dealer (e.g., Gerdau). All revenue from the sale of the
scrap metal shall be transferred to Poplar River First Nation.

The contractor(s) shall use a suspended rigid platform, barges, shrouding, tarps, or any other containment
mechanism to prevent debris, concrete and other materials to from entering the water bodies during the
construction works on the new Franklin River Bridge, the demolition of the existing Franklin River Bridge and
the repairs on the existing Poplar River Bridge.

All mitigation measures outlined for soils and terrain (sections A.4 and A.5 on the mitigation measure tables)
shall be applied to the work zone within the coffer dam (e.g., along the river beds). Compaction, rutting,
spills and other environmental effects shall be minimized and mitigated where required.

Mitigation to reduce negative air quality effects from construction and Operation and Maintenance (O&M) phases of the Project can include, but are not be limited to, the following:• Prevent dust generated during construction in designated work areas from blowing off-siteby frequently watering paved or unpaved temporary roads and excavated areas or usingother environmentally friendly dust suppressants for dust abatement. Sourcing of water fordust suppressant is under the Contractor's care.• Construction equipment operating on-site is to be maintained in good working order toprevent excess emissions.• Construction equipment and vehicles will be compliant with applicable emissions controldevices.• Implement best management practices (BMPs) that include "idle-free" zones or restrictvehicle idling time for construction delivery trucks, dump trucks and all other internalcombustion powered equipment as appropriate.

 

Proposed mitigation measures to minimize or reduce noise effects from the Project work area during construction may include, but are not limited to, the following:• Provide notification to PRFN community members prior to the commencement ofconstruction and staging activities.• The Contractor will be restricted to work hours designated by Band Council.• Regular inspection and maintenance of construction vehicles and equipment to beconducted to ensure engine components are in proper working order to minimize excessivenoise.• Stationary equipment, including compressors and generators, will be located away fromsensitive noise receptors (i.e., residences, wildlife habitat) wherever possible.• The speed of the construction equipment will be kept to within the allowable speed limitsin the PFRN community.

 

 

Mitigation measures to minimize the impact on groundwater from petroleum and allied product handling and storage during construction include, but are not limited to, the following:• KEY REQUIREMENT: A WASTE MANAGEMENT PLAN must be developed forthe project by the Contractor prior to project commencemen.t The PRFN landfilldoes not have infrastructure to accept hazardous wastes (e.g., used fuel, oil filters),nor capacity to accept construction wastes.? Contractor should contact the Band Council for advice as there are numerousother infrastructure projects underway/planned for the PRFN and efforts should bemade to develop a coordinate approach to waste disposal if possible.? PLAN needs to include handling/disposal for hazardous waste materials outside ofthe community.• Compliance with Provincial and Federal Regulations:? All petroleum handling and storage occurring on provincial land shall comply withManitoba Regulation 188/2001 respecting "Storage and Handling of PetroleumProducts and Allied Products". All petroleum handling and storage occurring onFederal land shall comply with "Storage Tank Systems for Petroleum Products".? Petroleum products shall be transported in accordance with the Manitoba ProvincialDangerous Goods Handling and Transportation Act.? Tank vehicles used to deliver fuel to the worksite and/or used to move fuel aroundthe worksite shall meet the requirements for highway tanks for the shipment ofdangerous goods by road set out in CSA Preliminary Standard B620-98, "HighwayTanks and Portable Tanks for the Transportation of Dangerous Goods".• Establishment of Designated Areas for Fuel Storage or Handling (including refuelling):? All reasonable precautions shall be taken to ensure that refuelling only takes placewithin a Designated Area used for fuel storage or handling.? Designated Areas shall provide spill containment and facilitate clean up throughmeasures such as: maximum separation from environmentally sensitive features;clear identification of the materials present; access restricted to authorized vehiclesand employees; impervious bermed storage areas; and, dedicated spill responseequipment.? In the event that a piece of equipment must be refuelled outside a Designated Area,the fuel shall be transported in approved containers and absorbent pads or otherprecautions, such as a high density polyethylene (HDPE) groundsheet, shall be usedto contain the fuel and prevent fuel from being spilled onto the ground surface.? All reasonable precautions shall be taken to ensure that cleaning, washing, andservicing of equipment only takes place within a Designated Area.? All mobile equipment that is not in use shall be parked within a Designated Area.? All Designated Areas used for petroleum product storage and handling shall be aminimum distance of:o 100 metres from any water body and shall have the top soil stripped and beunderlain with at least 30 cm of impermeable soil or approved alternate anddiked in such a manner as to contain any leakage or spillage. The dikes shallbe designed, constructed and maintained to retain not less than 100% of thecapacity of the total number containers or 110% of the largest container,whichever is greatest. The top soil shall be stored and used in the restorationof the site.o 3 metres from a property line or building.o 15 metres horizontally from hydroelectric poles and lines.? Storage sites within Designated Areas for petroleum products shall be secured andsigns including hazard warnings, who to contact in case of a spill, access restrictionsand under whose authority the access is restricted shall be posted.
? Designated personnel and first responders shall be familiar with the storage locationand proper application of such containment and cleanup materials.• Emergency Spill Response and Health and Safety (during construction and O&M)• KEY REQUIREMENT: An EMERGENCY SPILL RESPONSE PLAN must be developed for the project by the Contractor prior to project commencement.? PLAN should include spill reporting.• Spill Reporting? In the event that there is a spill onto the ground surface from any piece of equipment,such as a broken hydraulic hose, the entire affected area shall be cleaned up and allcontaminated soil shall be appropriately disposed of off-site. Such events shall bereported to the Contract Administrator, Project Manager and to ISC. The Contractoris to be responsible for the remediation of any spills.? All major spills of petroleum products or other hazardous substances with significantimpact on the environment and threat to human health and safety shall be reported to:o Manitoba Conservation and Climate (MCC), immediately after occurrence ofthe environmental accident, by calling the 24-hour emergency number (204)945-4888.o All spills shall be reported to ISC within 24 hours whether it was necessary toreport the spill to MCC or not. The spill report shall include the following:personnel responding to the spill, material spilled, cause of spill, estimatedamount of material spilled, estimated area and volume of soil affected by thespill. Cleanup action undertaken, means used to contain, transport and disposeof the materials involved.o Spills must be cleaned up to the satisfaction of ISC.Other? There shall be no smoking and no open flames at the petroleum storage area at anytime.? Waste oil shall never be used as a dust suppressant.? Fuel barrels shall be securely fastened to the vehicle during transport and if possibleduring refueling operations.? All petroleum product storage sites and mobile transportation units shall, at all times,be equipped with appropriate categories of equipment and volumes of firesuppression products.
* Refer to mitigation measures outlined for Environmental Component A 3. Themitigation measures outlined to protect groundwater quality are also applicable for A 4.• KEY REQUIREMENT: An EMERGENCY SPILL RESPONSE PLAN must bedeveloped for the project by the Contractor prior to project commencement.? PLAN must include spill response actions for responding to spills into the FranklinRiver.
Mitigation measures to be implemented to address effects to soil and terrain include, but are not limited to, the following:• Limit surface disturbance to within designated and approved work areas.• Strip and segregate the A-horizon topsoil from organic matter to a maximum thicknessof 15 cm and stockpile for reuse during rehabilitation of work areas or as part of thelandscaping design where possible.• Surface stability will be maintained by leaving non-construction areas vegetated andstabilizing or covering slopes of soil stockpiles.• Use appropriate equipment to minimize rutting of surface areas to avoid creatingchannels and flow pathways.• Disturbed areas will be revegetated as soon as practical to stabilize exposed areas; iffinal revegetation is not practical in the short-term, exposed should be vegetated with asuitable cover crop or erosion and sediment control blankets should be employed.• Installation of any culverts is to occur during low or no flow conditions.• Monitor and maintain effective erosion and sedimentation control from time of topsoilapplication until revegetation is established.• Application of herbicides and pesticides will be in accordance with conditions andguidelines stipulated by the Province of Manitoba, and in accordance with product labelsto ensure safe and proper use.
Any contaminated fill that is discovered will be treated in a manner in accordance with the applicable codes and regulations. Contaminated soil will be disposed of at a provincially approved land farm or landfill location outside of the PRFN
KEY REQUIREMENT: An EROSION AND SEDIMENT CONTROL (ESC)PLAN must be developed for the project by the Contractor prior to projectcommencement.? PLAN must include ESC measures to protect the Franklin River.The Contractor will be responsible to ensure that any temporary drainage works will minimize erosion and subsequent sedimentation to the Franklin River and any other drainage pathways. This may include use of polymer woven geotextile silt fences to minimize erosion and sedimentation. Photodegradable erosion control mats may be installed in any restored and improved ditches to minimize and control sedimentation. The time that trenches are open should be kept to a minimum.
Should groundwater be encountered during construction it should be pumped through a filter such as a section of erosion control blanket prior to release on the ground surface. Should any groundwater which is suspected to be contaminated be observed, work should be stopped and the Project Manager consulted with on how to proceed.
*Refer to mitigation measures outlined for Environmental Component A 3. The mitigation measures outlined to protect groundwater quality are also applicable for groundwater.
Efforts will be taken to prevent any disruption to the well-being of wildlife during construction by implementing the mitigation measures outlined below:• Construction and O&M activities will comply with all federal, provincial and municipallegislation, regulations, guidelines and BMPs.• Construction personnel will not harass or harm wildlife. If wildlife nests, dens or youngare found within the active construction area, or if problem wildlife are present,construction personnel will immediately inform the Contract Administrator for theProject who will take appropriate action by contacting the local Manitoba Wildlife andFisheries Branch for assistance.• Appropriate speed limits will be maintained by construction vehicles on establishedroadways to minimize vehicle-wildlife collisions.• Should any amphibians or reptiles be observed within the construction area, "shoo" themoutside of the work area to prevent unnecessary mortalities. For turtle species, "shoo"them in the same direction they had been going in.• KEY REQUIREMENT: Breeding Birds and Bird Species of Conservation Concern? Prohibit vegetation clearing and grubbing during the breeding bird window ofApril 21 to August 31 in order to comply with the Migratory Birds Conventions Act.? If vegetation clearing occurs during the breeding bird season, a qualified avianbiologist should be consulted to design and conduct a field survey, risk assessmentand mitigation plans (if required) for migratory birds in the Project footprint.
*Refer to Table B - Implementation of Measures to Avoid and Mitigation the Potential for Prohibited Effects to Fish and Fish Habitat outlined by the Department of Fisheries and Oceans (DFO), (email dated Nov. 14, 2022)
The following mitigation measures are proposed to address potential Project effects on vegetation and wetlands:• Construction and O&M activities and equipment should be restricted to the Projectfootprint, marshaling areas and existing roadways where possible.• Construction and O&M activities will comply with all federal, provincial andmunicipal legislation, regulations, guidelines and BMPs to minimize affects tovegetation outside of the Project footprint.• To minimize the spread of weed and invasive species during and after construction ofthe wastewater treatment facility the following mitigation measures are recommended:? During construction, weed control measures should be employed including:o Construction equipment travel and turn-around should be restricted to theProject footprint, marshaling areas and access points. This will minimizedisturbance to the soil that could provide new areas for invasive and weedspecies spread and minimize accidental collection and spread of weed seedson construction equipment (e.g., vehicle tires).o All equipment will be thoroughly washed and inspected prior to working innew sites to reduce the spread of introduced species.o Use construction materials, such as gravel, from clean sources. Materialsshould be certified weed free prior to use.? Effective post-construction weed control measures should be employedincluding:o Planting pedigree, weed-free grass/herbaceous seed for re-vegetation ofroadside areas to minimize the chance of introducing new weed andinvasive species.o Employing the use of effective weed control measures along re-vegetatedroadside areas by using a combination of cultural control methodsincluding application of herbicides and mowing.
Two bird species at risk (SAR) species and two bat species were identified in the Environmental Review as having the potential to occur within the regional area. Based on the limited native vegetation in the project area and proximity to residential homes, the probability of these species occurring within the project areas is likely low. To minimize impact to SAR species should they inhabit the project area or surrounding area, ensure that all mitigation measures for Section A6, A7 and A8 are followed to mitigate for potential SAR. No field studies were undertaken for this Project and therefore it is not known whether SAR are present within the Project footprint or within the adjacent areas.
*As per Section A3:• KEY REQUIREMENT: A WASTE MANAGEMENT PLAN must be developed forthe project by the Contractor prior to project commencemen.t The PRFN landfilldoes not have infrastructure to accept hazardous wastes (e.g., used fuel, oil filters),nor capacity to accept construction wastes.? Contractor should contact the Band Council for advice as there are numerousother infrastructure projects underway/planned for the PRFN and efforts should bemade to develop a coordinate approach to waste disposal if possible.General Site Housekeeping:• All construction areas shall be kept clean and orderly at all times during and atcompletion of construction.• Waste material shall be recycled to a degree that is economically and practicallyfeasible.• There shall be no indiscriminate dumping of waste and litter on or off the constructionsite.• Different waste streams shall not be mixed.• All waste materials shall be collected and contained in a designated waste storage areaand in containers appropriate to the waste classification until removed from the site forrecycling or disposal.• Waste storage sites shall be designated for each worksite and camp as approved by theContract Administrator.• Waste material (i.e. food and food containers) that is likely to attract nuisance wildlifeshall be stored in wildlife proof storage bins and hauled off site at regular intervals fordisposal at an approved disposal facility.• Contaminated runoff or water shall be contained and prevented from entering anywatercourse. The collected contaminated runoff or water shall be hauled off site fordisposal at an approved disposal facility.Domestic Solid Wastes, Demolition and Construction Waste:• At no time during construction shall domestic solid, demolition, or construction wastebe permitted to accumulate at any location on the work site, other than at a dedicatedwaste storage site, unless approved by the Contract Administrator.• All domestic solid waste containers shall be clearly marked to identify the nature andtype of material to be deposited (e.g., containers for recyclable material and containersfor disposal).• All domestic solid waste storage shall be confined to Designated Areas.
*As per Section A3:• KEY REQUIREMENT: A WASTE MANAGEMENT PLAN must be developedfor the project by the Contractor prior to project commencemen.t The PRFNlandfill does not have infrastructure to accept hazardous wastes (e.g., used fuel,oil filters), nor capacity to accept construction wastes.? Contractor should contact the Band Council for advice as there are numerousother infrastructure projects underway/planned for the PRFN and effortsshould be made to develop a coordinate approach to waste disposal ifpossible.? PLAN needs to include handling/disposal for hazardous waste materialsoutside of the community.General Requirements for Handling and Disposal of Dangerous Goods and Hazardous Waste:• Dangerous goods/hazardous wastes shall be identified and shall be handled inaccordance with The Dangerous Goods Handling and Transportation Act andRegulations and Health Canada's WHMIS.• The Contractor shall have staff, trained and certified in the handling of dangerousgoods, present on-site whenever said dangerous goods are being utilized for theperformance of the work.• All dangerous goods/hazardous waste shall be confined to Designated Areas and storedin a secure manner to prevent access by non-designated employees.• Designated dangerous goods/hazardous waste storage areas shall have the top soilstripped and be lined with at least 30 cm of impermeable material or approved equaland diked in such a manner as to contain any leakage or spillage. The dykes shall bedesigned, constructed and maintained to retain not less than 100% of the capacity ofthe total number of containers or 110% of the largest container, whichever is greatest.The top soil shall be stored and used in the restoration of the site.• Disposal of hazardous waste shall only be at hazardous waste facilities licensed underThe Dangerous Goods Handling and Transportation Act.• All waste stored at designated hazardous waste storage areas shall be removed fromthe site at least once every seven (7) days.• Hydrocarbons shall not be stored or disposed of in earthen pits on-site.• All used oils shall be stored in appropriate drums or tanks until removed to a registeredwaste oil recycling centre or hazardous waste disposal facility.Used oil filters shall be drained, placed into suitable storage containers and disposed of at approved waste oil facilities. The oil drained out of the used filters shall be collected and handled in the same manner as used oil.
Aggregate material required for the Project is anticipated to be sourced locally The Contractor should contact the Band Council to arrange for use of local aggregate material as needed or to arrange for transporting of required materials to the project site from outside of the PRFN.• Should explosives and/or blasting be required, the Contractor is to ensure all applicable permits and regulations are followed. At this time, blasting is not anticipated.• Trucks hauling aggregate material should follow applicable local rules of the road and travel on existing roadways where possible.
Construction equipment and vehicles will mobe/demob from the project site for initiation of and following Project completion. It is anticipated that construction equipment will remain at the project site until completion of the project thereby minimizing travel through the community.
In order to minimize flooding of neighbouring properties during Construction:• The Contractor will be required to ensure that drainage from the site is maintainedduring construction. The Contractor will be required to prevent surface water fromdraining into any surrounding residential or infrastructure areas. All natural drainagechannels will be maintained.
Following the construction of the new bridge and associated road alignment, any disturbed areas will be graded and revegetated as applicable.
Although it is not possible to completely eliminate perceived negative visual aesthetics in the construction area, by ensuring construction waste materials are appropriately disposed of in a timely manner and practicing good housekeeping on-site, visual aesthetics of the construction zone can be improved.*Refer to mitigation measures outlined for Environmental Components SectionsA9, 10 and 11d which are also applicable for Environmental Component B 1
The following mitigation measures will be employed to minimize potential impacts to cultural / historic resources:• The Project footprint has been reviewed with the Band Council to ensure that nocultural or historic areas are impacted.• A Band Liaison will be established to address any concerns which may occur duringconstruction.• Should any cultural or historic artifacts be uncovered during construction, all work willimmediately stop and the Contract Administrator and Band Liaison will be immediately informed.• If human remains are discovered contact the RCMP
The Contract Administrator will work closely with the PRFN leadership to ensure that throughout the Project its members who are involved with the Project are fully aware and informed of the process for making recommendations. This will involve skills transfer and the hope is that the First Nation will defer to its own resources in the future for portions of the project work
Traffic access throughout a portion of the community (north side of Franklin River) may be impacted by the construction especially from construction traffic utilizing existing roads and during construction of new road alignment. Every effort will be made to maintain suitable traffic access on roadways throughout the community during the construction. This will be temporary in nature
All required safety measures will be undertaken during construction including:• Fully signed traffic routing will be provided.• All excavation sites will be properly fenced. Open excavations will be kept to aminimum.• The routing of construction equipment will be along designated and approved routes.• The speed of construction equipment will be controlled to the approved speed limits.• Operation of construction equipment will be kept to the times and days as approved bythe Band Council and should be limited to normal working hours
To address any community concerns that may arise over the course of construction of the wastewater treatment facility:• A Band Liaison will be established to address any concerns which may occur duringconstruction.• Contractor will be required by contract to address all concerns expeditiously to thesatisfaction of the Band Council.• Contractor shall provide all appropriate training including applicable OccupationalHealth and Safety Guidelines.
It is anticipated that Contractor crews will utilize the accommodations supplied by the PRFN. Contractor workers will be expected to follow any applicable PRFN/Band Council bylaws or project specific requests.CL
Poplar River is known to be a route for fish to reach spawning grounds.The assessment area may contain spawning, rearing, overwintering, and migratory habitat that will be permanently lost due to bridge pier installation— There will be minimal disturbance to the fish habitat within the streamand what is not permanently lost will be re-established back to original conditions.

The contractor(s) shall repair any damage (e.g., compaction, rutting, etc.) to community roads and project lay
down areas from vehicle and equipment use.

The contractor(s) shall construct barricades made of wood or wire fencing around trees to establish a tree
protection zone.

Trees, shrubs and grasses removed for the construction of the bridge should be replaced with newly planted trees/shrubs/grass of the same or similar species
 

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

Therefore, Indigenous Services Canada and Transport 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.

Document reference number: 3

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