Notice of Determination

 

June 3, 2025 - Indigenous Services Canada has determined that the proposed Sandy Bay Road Upgrades project is not likely to cause significant adverse environmental effects.

 

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

- Peter Ballantyne Cree 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, dated April 22, 2025 and supporting documents. 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.

a. A qualified biologist will conduct wildlife and bird nest sweeps prior to vegetation clearing and construction.

b. To reduce the potential for harm to breeding birds, vegetation that has the potential to provide bird nesting habitat should be cleared after September 5 and before April 15.

c. When vegetation clearing is conducted prior to the bird nesting season, vegetation will be kept in a mowed state and a pre-construction bird nest sweep will conducted by a qualified biologist no more than 3 to 7 days prior to the start of construction during the breeding period. If work is stopped for more than 5 days within the nesting season, then a nest sweep should be initiated once again before work begins.

4. To reduce the chance of attracting Transverse Lady Beetle, vegetation will be removed early in the growing season and kept in a mowed state until work begins.

5. To avoid harming bats, tree clearing should be conducted outside of the bird breeding period.

6. If Woodland Caribou is observed, they will be allowed safe passage and the observation will be reported to provincial and federal authorities.

7. Topsoil will be preserved and stockpiled in piles less than 2 m high for landscaping purposes following construction.

8. Trees of merchantable size will be cut, limbed, bucked and stacked for use as directed by the Band.

9. The contractor will develop and submit a Wildfire Prevention and Preparedness Plan, Erosion and Sediment Control Plan, Waste Management Plan and a Spill Prevention and Control Plan.

10. To prevent fires, the following measures will be undertaken:

a. Equipment working on site, including light duty trucks, will be equipped with fire extinguishers. 

b. Flammable waste will be removed on a regular basis and disposed of at an approved, licensed disposal facility.

c. Material subject to spontaneous combustion, such as greasy/oily rags, will be stored in appropriate containers for regular disposal at an approved, licensed disposal facility.

d. Chemical storage and use will comply with regulatory requirements.

e. Smoking will be restricted to designated areas.

11. The contractor should develop an appropriate erosion and sediment control plan to prevent sediments from reaching surface water.

12. The Department of Fisheries and Oceans' Measures to Protect Fish and Fish Habitat will be applied when working within 90 m of the Churchill River or Wasawakasik Lake.

13. The contractor will develop a spill control and response plan prior to construction and may include the following:

14. When equipment is being serviced with lubricants or fluids, a groundsheet of suitable size will be placed on the ground to contain fluids/lubricants and oils in the event of a leak or spill.

a. Adequate absorbent material, equipment and supplies will be readily available on-site to clean up spills or leaks, regardless of the quantity. Storage and disposal of liquid wastes, equipment filters, and spill prevention will be in accordance with the Canadian Environmental Protection Act, 1999, Bills and related documents. 

b. Waste oils, fuels and other hazardous wastes will be handled in a safe manner. Staff will be required to transport, store and handle all hazardous substances as recommended by the suppliers and/or manufacturers and in compliance with applicable federal and provincial requirements. Fuels, oils or other hazardous materials will be stored only in designated areas.

c. Storage sites will be inspected periodically for compliance with requirements as applicable.

d. Investigation and remediation of spills will be undertaken, if necessary.

e. Personnel on site will be trained in how to deal with spills, including knowledge of how to properly deploy site spill kit materials.

f. Service and repairs of equipment shall only be performed by trained personnel. Vehicles and equipment will be maintained to minimize leaks. Regular inspections of hydraulic fuel systems on machinery will be completed on a routine basis; when detected, leaks will be repaired immediately. 

15. Hazardous wastes, including spills, will follow provincial guidelines for disposal and reporting.

16. Construction and demolition waste at the site will be removed as soon as practicable and taken to a certified/approved landfill, sent for recycling, or sold for reuse, where applicable and appropriate.

17. Organic waste from tree clearing and grubbing will be taken to a certified/approved landfill or composting facility as appropriate.

 

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