Notice of Determination

June 26, 2024 - Indigenous Services Canada and Transport Canada have determined that the proposed Big River First Nation Reserve Drainage Re-establishment project is not likely to cause significant adverse environmental effects.

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

• the Big River First Nation has authorized the project by Band Council Resolution, and its membership will benefit from the 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 April 29, 2024 and issued for construction (IFC) drawing package (Zacaruk Consulting Inc. and BCL Engineering Ltd., dated April 29, 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. Work will adhere to the conditions outlined in any permits or approvals issued for the project. This Notice of Determination does not apply to ancillary features associated with this development that were not included in the Project Description form.
3. A qualified environmental field monitor is required for all aspects of the project. Monitoring requirements may be amended in consultation with an ISC Environmental Officer.
4. All work will be carried out in accordance with the Migratory Bird Convention Act and applicable regulations.
   1. If clearing and grubbing of any vegetation should occur within the nesting period (April 15 to August 31), a qualified biologist shall assess conditions of the site prior to disturbance and before vegetation clearing, to detect nesting birds or species of concern.
   2. 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.
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. 
   1. Inspect, repair, and maintain erosion and sediment control measures during construction until permanent vegetation has been established.
   2. Remove erosion and sediment controls measures and restore and stabilize areas disturbed during removal.
   3. Natural drainage pathways must be maintained where possible during clean-up and reclamation activities.
   4. Revegetate and/or stabilize disturbed areas as soon as possible. Seed/revegetate with compatible native vegetation to existing conditions.
9. 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.
10. 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.
11. 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.
12. Dust control must be implemented to prevent air quality impacts and ensure the safety of nearby public.
13. All equipment must be properly maintained and equipped with standard air emissions equipment.

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