Notice of Determination

Cawston, B.C. – August 14, 2024 – The authorities have determined that the proposed Deflection Berms Project is not likely to cause significant adverse environmental effects.

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

• impacts on rights of Indigenous peoples;
• Indigenous knowledge;
• community knowledge; and
• technically and economically feasible mitigation measures.

Mitigation measures[1] taken into account for this determination are:

• To mitigate impacts on wildlife during the project, several mitigation measures will be implemented. These include a 150 m no-disturbance buffer around the nearest known western rattlesnake hibernaculum, and salvaging wildlife if encountered. Plan earthworks from mid-April to September to avoid disturbing overwintering amphibians and reptiles. Vegetation clearing will occur outside the regional breeding window for migratory birds from August 20 to April 4. Construction will be paused when wildlife such as ungulates or bighorn sheep are within 200 m, and wildlife handling will be avoided. Project areas will be isolated using silt fencing, and ramps will be included in trenches to prevent wildlife entrapment. Microsite berms will be employed to avoid disturbing talus/scree habitats. If uncertain about impacts on wildlife, consultations with the Qualified Environmental Professional are necessary, and any wildlife at risk will be reported immediately. Site construction activities will be restricted to daylight hours to minimize disturbance, and long-term storage of soil or wood piles is avoided to prevent attracting wildlife. Attractants such as food waste and garbage are removed daily or stored properly, and construction staff will receive training on bear awareness and safety.
• To avoid or reduce the potential impacts of construction on native vegetation communities and wildlife, avoid unnecessarily disturbing habitat outside the project footprint. Shrub and tree  removal will be minimum requirements for project footprint only, and thin trees in a manner which conserves standing dead trees, wildlife recruitment trees and snags. Topsoil will be stored separately from subsoil for use in the restoration of habitat and all disturbed areas will be re-seeded.
• To avoid and reduce the potential for the introduction of invasive plants, all personnel, equipment and tools will be clean and free of seeds and vegetative material upon arrival and before departure from site. Only a single and consistent access route will be used for access/egress from the project. All personnel will be trained/educated on noxious weed reduction and identification. All soils/fill will be clean and certified weed free.To minimize the impact on aquatic resources and maintain water quality as well as prevent erosion and control sedimentation, work will be scheduled to occur in seasonal draws in the dry and outside of the freshet period, best management practices will be followed for fuel storage and spill response. If earthworks may cause erosion and/or sediment transfer, silt fencing will be installed prior to commencement and construction will generally be scheduled to align with favourable weather (e.g. no work during heavy rainfall). Tarp soil stockpiles to prevent sediment transport during precipitation events. Areas with exposed soils will be revegetated immediately after construction using a certified weed-free native grass seed mix. Appropriate measures (such as water spraying) to reduce mud and soil being transported off site will be implemented and all soil/mud deposited on public roads will be removed.
• Minimize impacts on nearby receptors from the elevated noise levels and reduced air quality from fugitive dust and exhaust fumes during construction. Nearby residents, employees and students will be contacted before construction commences to be notified of these potential impacts as well as the potential impacts to access, or restrictions on parking. Airborne soil translocation will be mitigated through the implementation of strategies including the use of water trucks, tarps, or wind breaks. To reduce impacts on air quality, do not idle machines or vehicles.
• A mitigation strategy will be implemented to safely handle, store, and manage construction wastes. Hazardous materials will be stored separately in secondary containment on previously disturbed ground. Food and domestic waste will be kept in bear-proof containers and disposed of off-site daily. All machinery refuelling will occur at least 30 m from water sources. Proper labelling and safety data sheets will accompany hazardous materials, and disposal containers will be clearly marked. All waste will be removed and disposed of at an appropriate facility.
• Ensure spill containment kits are available on-site during operations for immediate response to accidental spills. Report any spills immediately to the Qualified Environmental Professional and follow the spill response and contingency plan. Confirm that all equipment used on the project site is in sound mechanical condition, free from fuel leaks or deteriorated hydraulic hoses, and inspect equipment daily to ensure it is clean and free of oil, grease, coolant, or other fluids. Equip all machinery with a spill kit. Store fuels within secondary containment that has at least 110% of the fuel's capacity to prevent spills. Use drip trays for machinery that remains immobile for over 24 hours. Place contaminated material on tarps and cover it to prevent mobilization. Train all construction personnel in equipment usage to prevent and control spills before beginning active construction. Prevent fuel spills and use refuelling devices with automatic shutoff connections. Collect condensation siphoned from fuel tanks in a separate container for disposal at a licensed facility.
• To prevent the ignition and/or spread of fire during construction operate all equipment according to the original manufacturer's safety instructions to prevent the ignition of flammable materials in the area. Designate smoking areas for personnel in locations where accidental ignition of any flammable material is prevented. Do not operate machinery near woody debris. If equipment must be operated near vegetation or woody debris, assign an observer to watch for sparks/fire start-ups and extinguish them immediately. The burning of any waste materials is prohibited. Ensure all equipment has fire extinguishers available for use in the event of a fire. Keep fire response equipment on site in a known location that is easily accessible to all contractor personnel. In case of fire, the contractor or worker shall take immediate action to extinguish the fire if it is safe to do so and contact the BC Ministry of Forests – Forest Fire Reporting at 1-800-663-5555.
• A Qualified Environmental Professional will be on site as required to assess potential risks to the environment and monitor the effectiveness of mitigation measures to be implemented.

The authorities are satisfied that that the carrying out of the project is not likely to cause significant adverse environmental effects.

Therefore, Indigenous Services Canada and Environment and Climate Change 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.