Canadian Environmental Assessment Act Decision Record for Local Access Road - Highway 58, Fox Lake and Garden River Project proposed by Little Red River Cree First Nation

On April 11, 2008, the Honourable John Baird informed Parks Canada and Indian and Northern Affairs Canada of his decision, following a comprehensive study, that the Local Access Road - Highway 58 to Fox Lake and Garden River Project, once mitigation is taken into account, is not likely to cause significant adverse environmental effects. He referred the project to Indian and Northern Affairs Canada and Parks Canada for action under section 37 of the Canadian Environmental Assessment Act.

The Parks Canada Agency and Indian and Northern Affairs Canada have considered the public comments provided throughout the assessment process and mitigation measures documented in the Comprehensive Study Report. Public comments have been supportive of the project and focused on the timing of the project and concerns about project delays. Key mitigation measures proposed to mitigate or avoid the predicted environmental effects include:

• Implementation of temporary sediment and erosion control measures for protection during construction.
• Implementation of sediment and erosion control plans for permanent protection;
• Implementation of spill contingency planning and response procedures during construction for fuels and other construction chemical
• Monitoring to ensure that clearing is confined to areas within the right-of-way
• Inspection and monitoring of equipment to ensure free of weeds or non-native species;
• Implementation of mechanical methods for clearing of road-way ditches;
• Implementation of an aquatic monitoring program to evaluate erosion and sediment control, stream morphology and hydrology, fish passage and fish habitat usage;
• Aquatic environmental specialist to inspect all major stream crossings during construction;
• Implementation of a hunting education program to address poaching;
• Time clearing/grubbing activities associated with right-of-way maintenance to avoid nesting birds and raptors (i.e., between April 15 and July 31);
• Incorporation of wildlife passage on the east bank of the Peace River in the design of the Peace River Bridge;
• Development and implementation of a boating and public safety plan;
• Archaeologist to be on-site to monitor construction locations so as to avoid known areas of archaeological resources;
• Development of an environmental management plan that will consist of an environment construction operations plan for the construction/demolition of bridge structures and for the construction of access roads (earthwork) and erosion and sediment control plans for watercourse crossings and other sensitive wetland areas;
• Measures to minimize effects of the environment on the project will be incorporated into bridge design, erosion control plans, construction and operation practices and maintenance;

In accordance with Section 37 (1) (a) of the Canadian Environmental Assessment Act, taking into account the implementation of the mitigation measures that the Parks Canada Agency and Indian and Northern Affairs Canada as Responsible Authorities consider appropriate and which are specified in the Comprehensive Study Report, it has been determined that the Local Access Road - Highway 58, Fox Lake and Garden River Project is not likely to cause significant adverse environmental effects. Indian and Northern Affairs Canada and the Parks Canada Agency may now exercise any power or perform any duty or function that would permit the project to be carried out in whole or in part.

Separate decisions by Fisheries and Oceans Canada and Transport Canada will be taken following a screening under the Canadian Environmental Assessment Act.

Park Canada Agency
Signed for and on behalf of the Parks Canada Agency by Ed Coulthard, Field Unit Superintendent Southwest Northwest Territories Field Unit

Signature: ________________________ Date: _________________

Indian and Northern Affairs Canada
Signed for and on behalf of Indian and Northern Affairs Canada by George Arcand, Jr., Regional Director General Alberta Region

Signature: ________________________ Date: _________________