Notice of Determination

Penticton, B.C. – September 27, 2024 – The authorities have determined that the proposed Sage Road Subdivision 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.

The Project was posted to the Canadian Impact Assessment Registry on February, 9 2024 for public comment. No comments were received.

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

• The Qualified Environmental Professional (QEP) is responsible for overseeing environmental protection throughout the project, identifying any associated environmental risks and monitoring the effectiveness of implemented mitigation measures.
• The Environmental Monitor (EM) is responsible for supervising the environmental aspects of the project and reporting to the client and relevant agencies in the event of a significant on-site incident. The EM will be on-site as described in the project specific environmental management documents and will defer to the Penticton Indian Band's (PIB) QEP as the ultimate project authority should any environmental concerns arise. The EM will retain the responsibility for stopping work at their discretion.
• The contractor is responsible for minimizing environmental disturbances throughout the project and must adhere to the following general environmental protection measures:
  • Keep all work areas clean during construction and remove all construction waste from the site upon project completion.
  • Ensure no harmful/deleterious substances enter any watercourse or penetrate the soil.
  • Maintain all temporary structures, such as fills, culverts, and diversion ditches used during construction, and remove them once the work is completed.
  • Implement any additional mitigation measures outlined in this document.
• Efforts must be made to prevent the spread of invasive plants. All equipment and vehicles brought to the site will be cleaned beforehand to remove any plant material that could introduce invasive or noxious species. Any invasive or noxious plants already present on-site must be managed to prevent further spread. Soil disturbance will be minimized to prevent the colonization by invasive species. If cleared or disturbed soil areas are not required for operations, they will be reseeded with appropriate native species or non-invasive grass mixtures. Areas with identified noxious or invasive species infestation will be avoided by work vehicles. Imported fill must be verified to be free of invasive plants, seed or fragments. Infested spoil materials will be disposed of in a designated disposal site. The EM will regularly inspect the site and report any new occurrences of invasive plants, and the presence of invasive species will be reported to them.
• If archaeological material or evidence is uncovered, then the Penticton Indian Band's Chance Find Procedure and monitoring is to be followed.
• Horse manure identified on site will be removed off-site and composted away from surface water/ground water sources in a manner acceptable to the QEP.
• All project activities, including mitigations and seasonal activity windows, must comply with the terms and conditions of the Species at Risk Act (SARA) permit which is required for the project to be carried out.
• Vegetation removal will be minimized, focusing on pruning or topping where feasible to expedite growth. Grubbing will be avoided to preserve root systems and promote soil stability, except when necessary. Spoil materials will be handled in accordance with the EM's instructions.
• Construction debris will be removed promptly throughout the project. Temporary materials and structures will be removed upon completion. Waste will be disposed of at authorized sites. Disturbed areas will be graded, stabilized, and seeded with Interior Reclamation Mix (minimum 80kg/ha) and as per the QEP's recommendations.
• Accidental spills of hazardous substances can occur during construction. Refueling and fuel storage must be conducted in designated areas away from sensitive environments. The EM will identify a suitable fuel-up area. Fuel must be stored in appropriate containers to prevent environmental contamination. The Contractor shall immediately report spills to PIB and the EM and follow the spill preparedness and response plan.
• Equipment must arrive clean and free of leaks and invasive species. Servicing and refueling will be conducted away from water sources. Fueling systems will have overflow prevention mechanisms. Refueling nozzles will be attended at all times. Sorbent pads and spill kits will be readily available at fueling areas. All equipment will have appropriate spill kits and fire extinguishers.
• The project may generate waste requiring proper disposal. The Contractor must comply with all relevant regulations, including hazardous waste, spill reporting, worker compensation, and dangerous goods laws. Waste must be disposed of responsibly to avoid watercourse contamination and wildlife attraction. The Contractor will minimize waste production and ensure proper storage and disposal of waste materials.
• To reduce dust, use dust palliatives as needed. Adhere to WorkSafe BC safety standards. Ensure clear safety information and warning signs are posted during construction. Wear hearing protection when working near loud machinery or activities.
• Adhere to the noise limits as described by Penticton Indian Band Governance, to avoid disturbance to others.
• Turn off vehicles, equipment or machinery when not in use to avoid idling for the purposes of reducing noise, and to reduce emissions. Noise mitigation such as mufflers, enclosures or other sound insulation/prevention devices will be used to limit noise generated by diesel or gas-powered equipment or tools.
• All workers and contractors on site will be trained in construction noise awareness and issues and will minimize noise where possible.
• Stormwater management will minimize the amount of surface water discharged and prevent pollutant loading in surface water. Stormwater management and erosion and sediment control best practices and project specific mitigation measures outlined in detail in project guidance documents will be implemented by the Contractor.
• The project may temporarily increase noise, traffic and activity in the area. To avoid any potential associated disturbance to wildlife, the Contractor will implement and adhere to project-specific mitigation measures as outlined in project documents and all project activities, including complying with the terms and conditions of the Species at Risk Act (SARA) permit.
• Activity that may contribute to increased fire hazard risk will be minimized. All project activities and operations must comply with the BC Wildfire Regulations and adhere to the project specific conditions.

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.