Notice of Determination

December 3, 2025 - Indigenous Services Canada has determined that the proposed Flying Dust First Nation Residential Subdivision Development project is not likely to cause significant adverse environmental effects.

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

-the Flying Dust First 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 October 29, 2025, Simple Environmental Review Report (BCL Engineering Ltd., dated November 10, 2025) and other 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.
   1. Topsoil stripping activities will be conducted outside of active nesting periods.
   2. If topsoil stripping should occur within the nesting period (April 15 to August 31), a ground survey will be undertaken to detect nesting birds.
   3. If any nesting birds are discovered, appropriate mitigation measures and species-specific setback distances will be implemented in accordance with regulatory guidelines.
4. Minimize disturbance to wetlands.
   1. The existing semi-permanent wetland will not be disturbed throughout the duration of construction.
   2. As existing site contours naturally direct surface drainage toward the wetland, erosion and sediment control measures will be implemented as necessary to prevent soil deposition into the wetland until sufficient vegetative growth has been re-established within the constructed site ditches.
5.  Erosion and sediment control measures will be utilized to limit and contain the impacted areas during construction.
6. After construction, all disturbed areas will be seeded to reestablish vegetative growth equal to that of the surrounding area.
7. The contractor will have an emergency response plan that will be implemented in the event of an accidental spill. The contractor will utilize spill prevention procedures and spill kits will be present at the site during construction.
8. Materials imported to site (e.g., gravel for the lagoon access road surfacing) will be inspected prior to placement to confirm absence of any potential contaminants.
9. Equipment idling will be kept to a minimum throughout the duration of construction.
10. The contractor will be required to dispose of all waste generated during construction at appropriate registered off-reserve disposal facilities.

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