Notice of Determination for the Mistawasis Nehiyawak Lagoon Upgrades

January 22, 2025 - Indigenous Services Canada (ISC) has determined that the proposed Mistawasis Nehiyawak Lagoon Upgrades project is not likely to cause significant adverse environmental effects.

The determination was based on a consideration of the following factors:
- Mistawasis First Nation members will benefit from this development
-no comments were received from the public about the project; and
-mitigation measures are required for the project

Implementation of the following conditions and mitigation measures are required for the project:

1. The project shall proceed in the manner described in the ISC Project Description form,  Mistawasis Nehiyawak Lagoon Upgrades Simple Environmental Form (BCL Engineering Ltd., May 13, 2024), Mistawasis Nehiyawak Lagoon Upgrades, Drawing Index, BCL Engineering Ltd., June 2024), Mistawasis Nehiyawak Downstream Use and Impact Study, Mistawasis, SK (Final Revised Report) (Misty Clifton Engineering Ltd., December 2024),  Personal Communication (C. Traves, BCL Engineering Ltd., December 16, 2024), Personal Communication (M. Outerbridge, Misty Clifton Engineering Ltd., January 16, 2025). 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 of any vegetation, including ground vegetation, should occur within the nesting period (mid April to August 31), a Qualified Person 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. Ensure machinery is washed thoroughly prior to arrival on site to minimize the introduction of invasive plants, weeds, and soils from off site.
5. Minimize disturbance to wetlands. No staging or storage areas will be located within 10 m of a wetland boundary.
6. Direct dewatering discharge onto a well-vegetated upland area with appropriate erosion protection and flow dissipation to prevent erosion and silt-laden water from entering any wetlands or waterbodies.
7. Project activities are to be conducted under completely dry or frozen ground conditions. Work must be halted for activities that could potentially cause rutting of the ground surface.
8. Do not store or push graded soil material in treed areas, wetlands or waterbodies.
9. Provide erosion and sediment control measures 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. 
   • Inspect, repair, and maintain erosion and sediment control measures during construction until permanent vegetation has been established.
   • Remove erosion and sediment controls measures and restore and stabilize areas disturbed during removal.
10. Natural drainage pathways must be maintained where possible during clean-up and reclamation activities.
11. Revegetate and/or stabilize disturbed areas as soon as possible.
12. Waste and/or hazardous materials must be removed from site as soon as practicable and taken to a certified/approved landfill in accordance with provincial and municipal legislation.
13. Careful maintenance and monitoring of all equipment will be carried out to minimize the risk of spills or leaks of petroleum-based products. Storage of hazardous material and refueling is prohibited within 100 m of a water body. The contractor will have an emergency response plan to manage fuel spills.
14. Regardless of volume, any spilled substance that may cause an adverse effect must be cleaned up immediately and removed from the site for proper disposal. All spills must be reported to relevant federal, provincial and municipal government departments.
15. Dust control must be implemented to prevent air quality impacts and ensure the safety of nearby public.
16. All equipment must be properly maintained and equipped with standard air emissions equipment.

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