Notice of Determination

November 17, 2023 - Indigenous Services Canada has determined that the proposed 20 Lot development at Kashechewan First Nation is not likely to cause significant adverse environmental effects.

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

• Community knowledge; and
• Mitigation measures to address potential impacts resulting from construction activities.

Mitigation measures taken into account for this determination are:

• Erosion and Sediment Controls will be implemented to reduce and control soil erosion and sedimentation runoff to adjacent water body. Standard duty silt fencing and/or equivalent erosion and sediment controls, such as hay bales, will be installed around the perimeter of the work area where disturbed soils or loose fill materials may impact waterbodies.  Erosion and sediment control measures will be monitored regularly.  Stabilization of stockpiles, bare slopes and exposed soils will be conducted with erosion control blankets, straw and/or native seed mix to reduce potential run-off;
• Pollution Control measures will be implemented to reduce and control contamination to soil and groundwater associated with maintenance and re-fueling of equipment, storage of hazardous materials, sampling of ponded water prior to dewatering (if applicable) and testing imported soils, fill or aggregates prior to backfilling.  Refueling will be done at least 30 m from a waterbody.  An emergency response plan to manage fuel spill will be developed and all spills will be reported to the Ontario Spills Action Centre.  If contaminated soils are encountered during excavation, works should be halted and the engineer will be notified along with any related First Nation and provincial/federal authorities as applicable.  The amount of contamination will be determined, removed and disposed of in accordance with the Canadian Council of Ministers of the Environment (CCME) Guidance Manuel for Environmental Site Characterization and Human Health Risk Assessment (2016);
• Dust Control Measures will be implemented to control air quality. Where practical, idling of on-site vehicles will be discouraged. Vehicles will be covered when soil or aggregates are transported.  Exposed soils will be covered or wetted down;
• Noise Control Measures including the use of noise muffled devices and restricting construction work to regular working hours, will be implemented to reduce and control temporary construction noise disturbances to receptors near the construction site. Speed limits will be respected.  Any powered equipment will be shut off when not in use;
• Project activities will comply with provincial and federal Occupational Health and Safety requirements, including the use of PPE at all times. Construction works will be completed during daylight hours.  Flagmen and barricades will be utilized where and when necessary.  Injuries, incidents or fatalities will be immediately reported to the Workplace Safety and Insurance Board of Ontario.  Warning signs will be placed at the entrance to the construction site and unauthorized entry to the construction site by the public will be prevented by a perimeter fence and locked gate.  Contractors will be made aware of travelling with caution in areas where children may be present ;
• Best Management Practices will be implemented to address and respond to potential environment effects on Archeological/Cultural resources.  If heritage or historic resources are uncovered during the works, work will temporarily cease and the First Nations Council and Elders will be contacted along with any applicable federal or provincial authorities to examine the site and determine a proper course of action prior to works commencing in the area.  In the case of new excavation, or excavation that will widen, deepen or otherwise alter the footprint of a previous excavation in the zones of elevated archaeological potential, an archaeologist may need to be called on site to monitor that work.  If any human remains are discovered during project activities, all work in the location concerned must be halted immediately and the appropriate local authority must be notified immediately. Work shall not resume at that location until measures for the protection of those remains have been put in place, including measures determined appropriate by the community.
• Exclusionary fencing will be installed around the work area to prevent species from entering the project site and in advance of reptile nesting season (April 1). Fencing will be designed and installed to follow the Ontario's Reptile and Amphibian Exclusion Fencing to ensure effectiveness and prevent harm to SAR reptiles:
• Vegetation Clearing will be completed outside of Migratory Bird nesting season (mid-April to late-August). The area to be cleared will be marked to ensure excess clearing is not conducted.  Movement of vehicles and machinery will be restricted to the work areas and designated access points.  Cleared/bare areas will be revegetated to minimize exposed soils and erosion potential.  Revegetation will be done using native trees, shrubs or grasses, the areas will be covered with mulch to prevent soil erosion and to help seeds germinate.       

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.