Notice of Determination for Muskoday First Nation Community Access Road

Feb 27, 2024 - Indigenous Services Canada has determined that the proposed Muskoday First Nation Community Access Road is not likely to cause significant adverse environmental effects.

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

-the Muskoday First Nation has authorized the subdivision development 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. 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. All work will be carried out in accordance with the Migratory Bird Convention Act and applicable regulations. If clearing and grubbing (even ground vegetation) should occur within of the nesting period (April 1- Sept 1), 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. Salvaged topsoil and subsoil, should be stored unmixed, until they are reused for final landscaping or elsewhere as needed on the First Nation land.
5. Provide sediment and erosion control measures, immediately following initial ground disturbance, 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 sedimentation control measures during construction until permanent vegetation has been established.
   2. Remove erosion and sedimentation controls and restore and stabilize areas disturbed during removal.
6. 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.
7. Natural drainage pathways must be maintained where possible.
8. Minimize disturbance to wetlands. No staging or storage areas will be located within 10 m of a wetland boundary.
9. All waste materials will be disposed of in an environmentally responsible manner and 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. Refueling is done at lease 30m from water body and on impermeable surface. The contractor will have an emergency response plan to manage fuel spills. All spills must be reported to relevant federal, provincial and municipal government departments.
11. All equipment must be properly maintained and equipped with standard air emissions equipment.

Indigenous Services Canada (ISC) is satisfied that the carrying out of the project is not likely to cause significant adverse environmental effects.