Notice of Determination

May 12, 2022 -  Indigenous Services Canada has determined that the proposed Biigtigong Nishnaabeg Water Treatment System Project is not likely to cause significant adverse environmental effects.

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

  • Impacts on rights of Indigenous Peoples
  • Indigenous Knowledge
  • Community Knowledge
  • Mitigation Measures

Implementation of mitigation measures is required for the project to address:

  • There is surface water within 300 m of the project boundary, and confirmed fish habitat is present.  Intake will be in Lake Superior, approximately 16 m beneath the surface of the water. Mitigation to impacts of fish habitat will include adhering to fish timing windows (no in-water work May 1-June 30 for Lake Sturgeon) to avoid disruption of sensitive spawning or migration periods and the use of erosion and sediment control measures and work zone containment to avoid indirect impacts to habitat. A review of Species at Risk showed that Deepwater Sculpin, Lake Sturgeon and Northern brook lamprey have historically been observed in the work area.  Deepwater sculpin are commonly found at depths between 60 and 150 m and thus are not likely to be found in the work are given the depth of the intake (16 m).  Deepwater sculpin and Northern brook lamprey are classified as be Special Concern under SARA, and thus are not provided species or habitat protection, outside of what the federal Fisheries Act provides.  Lake sturgeon are not protected under the federal SARA.  Proper mitigation measures will be built in the construction planning component of the project. However, no impacts to this potential fish habitat are expected.
  • The proposed water treatment plant site, proposed raw water transmission line and pump station are surrounded by heavily wooded areas. Standard sediment and erosion control measures (i.e., slit fencing) will be implemented to minimize the potential effects to any wetland features identified within, or adjacent to the project area, and will be installed to protect surface water. The site will be kept in a clean and tidy manner.
  • When required, a qualified ecologist will be on site during construction activities to assess the presence of critical habitat. If impacts to critical habitat through project works are identified, works will stop and (relevant agency) will be contacted to determine how best to proceed.

To mitigate impacts due to risk of spills, the preparation of the vehicles will generate waste oil and fluids and batteries and other substances.  These will be stored in tanks or appropriate containers, with secondary containment until they can be removed by certified waste haulers.  Any hazardous materials will be managed and disposed of out of the community using methods appropriate to the waste, using the proper containers and secondary containment.  A spill kit will be available and staff will be trained in its proper use. To mitigate effects should a spill occur, the site should use vehicles adapted to the soils bearing capacity and ensure no operation of vehicles on wet soil. Additionally, implement weight bearing materials to ground to support machinery weight and avoid creating holes/ruts to the soil's surface. Any waste oil generated during preparation of vehicles for removal will be stored in double walled tanks, located further than 100 m from a water body, until ready for disposal outside of the community.   No machinery will be washed on site.

  • Mitigation measures outlined in the letter dated November 15, 2021 from Fisheries and Oceans Canada will be followed.
  • Vegetation removal required for the project will be completed outside of the bird breeding window, to avoid impacts to migratory birds and bat active window to avoid impacts to species at risk bats.  Vegetation removal will be avoided between April 15 and September 30 of any given year.  If vegetation must be cleared during this period, a qualified ecologist will survey the site prior to clearing.  If any active nests are found then measures will be undertaken to ensure that the nest is not disturbed until all birds have fledged. Appropriate buffer zones will be established and no tree clearing will occur in the affected area.  Where appropriate, disturbed areas will be re-seeded with grass after construction is completed, or will be restored to the previous condition.
  • To mitigate impacts due to risk of spills, the preparation of the vehicles will generate waste oil and fluids and batteries and other substances.  These will be stored in tanks or appropriate containers, with secondary containment until they can be removed on the winter road by certified waste haulers.  Any hazardous materials will be managed and disposed of out of the community using methods appropriate to the waste, using the proper containers and secondary containment.  A spill kit will be available and staff will be trained in its proper use. Any waste oil generated during preparation of vehicles for removal will be stored in double walled tanks until ready for disposal outside of the community.
  • A qualified ecologist will be on site during construction activities to assess the presence of critical habitat. If impacts to critical habitat through project works are identified, works will stop and (relevant agency) will be contacted to determine how best to proceed.
  • If contaminated materials/soils are encountered an immediate halt to work will be ordered, Chief & Council and Indigenous Services Canada (ISC) will be informed and actions taken to identify the extent and source of contamination.  This latter work will only be done by a qualified person utilizing methods in keeping with the CCME Guidance Manual for Environmental Site Characterization and Human Health Risk Assessment (2016).
  • Species at Risk - A review of the NHIC and DFO SAR mapping indicated that Deepwater sculpin, Lake sturgeon, Northern brook lamprey and Shortnose cisco inhabit the study area.  Deepwater sculpin, Lake sturgeon and Northern brook lamprey are classified as Special Concern under SARA and thus are not provided species or habitat protection under the federal SARA.  Lake Sturgeon are not classified under SARA.  Shortnose cisco inhabit deep waters and are unlikely to inhabit the work area during summer construction.
  • Mitigation for SAR breeding birds: It is expected that any vegetation clearing will take place outside of the core breeding bird window for this area of the Province (i.e. generally mid-April to early August). If tree clearing must occur during the breeding season, a qualified biologist will survey the area and identify any nesting activities prior to works commencing. If active nests are observed, appropriate buffer zones will be established in consultation with the appropriate authorities and no tree clearing will occur in the affected area.
  • Mitigation for bats:  Bats typically require mines or caves for hibernation, neither of which are present in the area.  Summer roosting occurs in tree cavities of large-diameter mature trees.  Tree clearing should be conducted outside of the Bat Active window (May 1 - September 30)
  • Migratory Birds - Specific breeding bird surveys have not been completed for the project area.  However, one can assume that this area is used as habitat for migratory breeding birds based on the habitat features discernible through this desktop analysis (Eastern-Wood Peewee, Wood Thrush, and Olive-sided flycatcher were listed as present).
  • It is expected that any vegetation clearing will take place outside of the core breeding bird window and bat active window for this area of the Province (i.e., generally mid-April to September 30). No work is permitted to proceed that would result in the destruction of active nests (defined as nests with eggs or young birds), or the wounding or killing of birds, of species protected under the Migratory Birds Convention Act, 1994 and/or Regulations under that Act.  It is the proponent's responsibility to avoid the destruction of migratory birds and their nests and impacts to species at risk and roosting bats. The primary measure used to avoid the incidental take of migratory birds is to conduct all vegetation clearing outside of the identified core breeding bird window for the specific project study area. If tree clearing must occur during the breeding season, a qualified biologist will survey the area and identify any nesting activities prior to works commencing. If active nests are observed, appropriate buffer zones will be established in consultation with the appropriate authorities and no tree clearing will occur in the affected area.
  • If any species at risk are observed in a work area during construction, work will cease in that area until the species moves out of the area on its own.  ISC will be contacted regarding all sightings and if guidance is required regarding a species which is found inhabiting
  • Impacts to Eastern Whip-poor-will,  and supporting habitats are prohibited under the ESA and SARA. Works that have the potential to harm nesting birds or habitat that supports Eastern Wihip-poor-will must be avoided. when carrying out project works. To avoid negative impacts to migratory birds and/or Eastern Whip-poor-will habitat, works, should be completed out of active nesting period within zone C5 (April 31- August 31). Construction activities should be planned to avoid impacting habitat that may support Eastern Ship-poor-will  Prior to beginning project works, the lands should be surveyed by a qualified ecologist for nesting birds or suitable habitat. If nesting birds are observed, project works must cease until the birds have fledged. If impacts are anticipated to Eastern Whip-poor-will habitat. The MECP has been contacted, impacts to whip-poor-will and their habitat are effectively mitigated.
  • Fish Habitat - Mitigation including ESC and timing window adherence will ensure fish and fish habitat are not negatively impacted.  The intake will be suitable screened to prevent the impingement of fish.
  • Any HDD will require the contractor to develop a fraq-out and spill management plan. Please refer to attached Letter of Advice for full description of Fisheries Act mitigation.
  • Vegetation: A search did not identify any plant species at risk which have a range covering the project site and for which suitable habitat is present.
  • Woodland Caribou: the disturbance foot print will be minimized to the greatest extent possible by utilizing existing infrastructure (trails, access roads, community roads), Equipment noise will be minimized by ensuring that all exhaust systems have mufflers installed properly and that all machinery is opera General mitigation: impacts to SAR and SAR habitat include the use of ESC measures silt control, minimizing the disturbance footprint, and ensuring standard practices to reduce construction noise are utilized. A qualified environmental inspector will be present on site at key points of construction.
  • Construction activities could generate a small amount of gaseous waste from construction equipment exhaust and an increased amount of dust in the air. Vehicles and equipment should be in good repair, equipped with emission controls, as applicable, and operated within regulatory requirements to mitigate this.   Water would be used to minimize dust generation.  In addition, excavation activities should be avoided during times of excessive wind and dry conditions to minimize the release of airborne particles.  Impacts from noise will be temporary as they relate to construction. Construction will not take place outside of regular working hours to minimize disturbance. Specific mitigation measures will be determined at the completion of detailed design.
  • Noise control measures shall be implemented where required during the construction phase, such as restricted hours of operation and the use of appropriate machinery and mufflers. The noise produced by the equipment can be limited through proper equipment maintenance. The duration of construction will be approximately 12 months, in regular working hours. There is a recreational area near the project area. The grounds can be made wet to implement dust control measures as needed.
  • The surrounding lands are not used for any traditional uses. Current adjacent land uses include recreation, residential, commercial and institutional. No lasting impacts are expected. Potential impacts from construction will be mitigated as needed. noise generated from construction will not be heard within the community. Construction activities will be performed within regular working hours. All vehicles will be properly tuned up and include noise muffling devices.  Impacts due to air or noise are not expected.
  • If archaeological resources are encountered during excavation, the excavation will be halted immediately, Chief & Council and the archaeological Services Branch of Parks Canada contacted for advice.  If the resources include human remains the local police will also be contacted.
  • The waste generation anticipated from this project would be comprised of construction related wastes during the construction period. The Contractor will be required to follow environmental protection control measures written in the Contract Documents. There is the potential for fuel spills. The likelihood of this is small and to mitigate the possible impacts, refueling of equipment and fuel storage (if conducted on-site) should be conducted in designated areas with spill protection located further than 100 m from a water body. Construction activities could generate a small amount of gaseous waste from construction equipment exhaust and an increased amount of dust in the air as a result of rock excavation and blasting. Vehicles and equipment should be in good repair, equipped with emission controls, as applicable, and operated within regulatory requirements to mitigate this. Water would be used to minimize dust generation. Construction activities could also generate solid waste from packaging, cut off ends, etc. The waste should be properly disposed of by either recycling or directing it to a proper waste disposal site.
  • All materials required for construction (gravel and general soils) will be transported by the FN and/or contractor for an outside location. It is expected that the contractors will abide by all in house health and safety guidelines as well as environmental protection standards. The contractor will be responsible for providing documentation to show that the materials is free from contaminants.

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

Document Reference Number: 2

Date modified: