Notice of Determination for the Wahpeton Roads Upgrades

March 11, 2025 - Indigenous Services Canada has determined that the proposed Wahpeton Roads Upgrades project is not likely to cause significant adverse environmental effects.

The determination was based on a consideration of the following factors: 
-the Wahpeton Dakota Nation has authorized the project 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, Simple Environmental Form and Community Road Repairs Road Assessment Report (Associated Engineering (Sask) Ltd., January 2025). The Proponent will immediately notify ISC of any changes to the proposed project for approval.
2. Relevant permits and approvals will be obtained before undertaking any work. It is the Proponent's responsibility to meet all applicable federal, provincial and municipal laws and regulations that apply to the proposed project. 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.
   • Screening of the site by a qualified environmental professional will be completed if clearing is planned within the potential nesting period for migratory birds.
   • If construction is rescheduled within the breeding and nesting period, a pre-construction wildlife sweep will be completed 7 days prior to construction to identify potential issues as close to the time of construction as possible.
   • Supplemental sweeps will be completed if work stoppage of greater than 7-days occurs during the construction period.
   • In the event any migratory bird nests containing eggs are identified during construction, activities will stop in the nesting area and an appropriate setback with proper flagging to mark the buffer zone. The areas will be avoided until young have naturally left the nest.
   • ISC and Environment and Climate Change Canada must also be contacted immediately to determine mitigation strategies.
4. Noxious weed control measures will be undertaken and prohibited noxious weeds will be destroyed on site as required and within the requirements stipulated within the client tender. No person shall move anything that, if moved or used, might spread noxious weeds, or prohibited noxious weeds.
5. Natural drainage pathways must be maintained as per the design.
6. Any new soil or materials will be locally sourced and adjacent to the project area.
7. All required materials will be stockpiled on-site. Topsoil and subsoil will be stored separately for the use of final landscaping.
8. Material will not be stored in treed areas, wetlands or waterbodies.
9. Soil stabilization, erosion and sedimentation controls measures will be implemented early during the construction phase following ground disturbance to prevent soil erosion and discharge of soilbearing water runoff or airborne dust to adjacent properties, waterways and riparian areas in accordance with federal and provincial standards.
10. • During construction, inspect, repair, and maintain erosion and sedimentation control measures until permanent vegetation has been established.
    • After construction, remove erosion and sedimentation controls and restore and stabilize areas disturbed during removal.
    • Post construction, disturbed areas will be stabilized and revegetated.
11. Maintain natural drainage pathways where possible during clean-up and reclamation activities.
12. 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.
13. Minimize disturbance to wetlands. No staging, storage areas or spoil piles areas will be located within 30 m of a wetland boundary
14. All waste materials will be disposed of in an environmentally responsible manner and in accordance with provincial and municipal legislation.
    • Work areas should remain free of food scraps and garbage to prevent attracting wildlife.
    • Waste materials will be removed from site as soon as practical to do so and taken to an approved landfill.
15. The contractor will follow the Spill Prevention Protocol outlined in the Environmental Operations plan.
    • All equipment including containers, hoses, and nozzles are to be maintained free of leaks. Operators are to be stationed at both ends of the hose during fueling unless the nozzle ends are visible and readily accessible by one operator.
    • Equipment will be mechanically sound with no oil or gas leaks. Equipment will be frequently inspected, and leaks will be repaired immediately.
    • All equipment-servicing activities with the potential for accidental spills will be completed over a spill containment tray.
    • The contractor will have an emergency response plan to manage fuel spills. 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.
16. Mitigation measures will be utilized to maintain good visibility and air quality on and around the project footprint.
    • Ground watering will be employed as needed
    • All exhaust systems will have mufflers, and all equipment will operate as per manufacturer specifications.
    • Equipment and truck idling will be avoided, to the extent possible
17. Fire protection plans and mitigative measures must be implemented during the duration of construction

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