Notice of Determination

June 13 - Indigenous Services Canada has determined that the proposed Pheasant Rump Lagoon Expansion is not likely to cause significant adverse environmental effects.

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

• the Pheasant Rump Nakota Nation has authorized the lagoon expansion by Band Council Resolution, and its membership will benefit from the subdivision project
• no comments were received from the public about the project
• mitigation measures are required for the project

Implementation of the following mitigation measures is required for the project:

1. The project shall proceed in the manner described in the ISC Project Description form, dated May 13, 2024. The Proponent will immediately notify ISC of any changes to the proposed project for approval.
2. All applicable federal, provincial and municipal laws and regulations will be adhered to, and permits will be obtained before undertaking any work. This Notice of Determination does not apply to ancillary features associated with this development that were not included in the Project Description form.
3. This development is in proximity to high quality habitat for ground nesting birds. All work will be carried out in accordance with the Migratory Bird Convention Act and applicable regulations.
   • Topsoil stripping activities will be conducted in the late summer/early fall once the majority of active nesting periods are complete.
   • If clearing and grubbing of any vegetation, including ground vegetation, should occur within the nesting period (April 15 to August 31), a qualified biologist shall assess conditions of the site prior to site disturbance and before vegetation clearing, to detect nesting birds or species of concern.
   • If any nesting birds or species of concern are discovered, work shall be halted and ISC notified. Environment and Climate Change Canada must also be contacted immediately to determine mitigation strategies.
4. Prior to construction activities, a qualified biologist shall conduct appropriate surveys to confirm the absence of vegetation and wildlife species at risk. If any species at risk or of concern are discovered, work shall be halted and ISC notified. Environment and Climate Change Canada must also be contacted immediately to determine mitigation strategies.
5. Minimize disturbance to wetlands. No staging or storage areas will be located within 10 m of a wetland boundary.
6. Salvage topsoil and subsoil and store unmixed, until they are reused for final landscaping or elsewhere as needed on the First Nation land. Do not store or push graded material in treed areas, wetlands or waterbodies.
7. Project activities are to be conducted under dry or frozen ground conditions. Work must be halted for activities that could potentially cause rutting of the ground surface.
8. Provide erosion and sediment control measures to prevent soil erosion and discharge of soil-bearing water runoff or airborne dust to adjacent properties and waterways in accordance with federal and provincial standards. 
   • Inspect, repair, and maintain erosion and sediment control measures during construction until permanent vegetation has been established.
   • Remove erosion and sediment controls measures and restore and stabilize areas disturbed during removal.
9. Natural drainage pathways must be maintained where possible during clean-up and reclamation activities.
10. Revegetate and/or stabilize disturbed areas as soon as possible. Seed/revegetate with compatible native vegetation to existing conditions.
11. Waste and/or hazardous materials must be removed from site as soon as practicable and taken to a certified/approved landfill in accordance with provincial and municipal legislation.
12. Careful maintenance and monitoring of all equipment will be carried out to minimize the risk of spills or leaks of petroleum-based products. Storage of hazardous material and refueling is prohibited within 100 m of a water body. The contractor will have an emergency response plan to manage fuel spills.
13. Regardless of volume, any spilled substance that may cause an adverse effect must be cleaned up immediately and removed from the site for proper disposal. All spills must be reported to relevant federal, provincial and municipal government departments.
14. Fire protection mitigation must be implemented for the duration of construction.
15. Dust control must be implemented to prevent air quality impacts and ensure the safety of nearby public.
16. All equipment must be properly maintained and equipped with standard air emissions equipment.

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.