Notice of Determination

May 13, 2022 -  Indigenous Services Canada has determined that the proposed Kiashke Zaaging Anishinaabek - Small Scale Waste Transfer Design and Construction 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:

Project will involve shallow excavations not expected to extend to the groundwater table.

During construction, fueling activities for heavy equipment are expected to occur, which have the potential to impact groundwater if accidentally released.  The contractor will be required to provide a Spill Control Plan and Pollution Control Plan that addresses fuel storage and handling.  All spills shall be documented and reported to the appropriate authorities (KZA First Nation, ISC and MECP Spills Action Centre).

It is proposed that all tree clearing, brush clearing and grubbing activities be performed outside of the migratory bird nesting and breeding season (April 20 to August 29) and the active bat period (April 1 to September 30).  Mitigation measures also include grading and re-seeding of areas immediately adjacent to the construction limits.  If a decision is made to  close and decommission the waste transfer station area, it is recommended that the site be re-graded and re-seeded to promote revegetation.

The Migratory Birds Regulations under subsection 6(a) recommends avoiding potentially destructive activities during key nesting periods, which is from April 20 to August 29 for the area of the Site. To mitigate potential impacts to migratory birds, all tree removal activities will take place outside of the migratory bird period. If work is completed during the nesting season, all trees proposed for removal will be inspected by a qualified biologist to confirm the presence/absence of migratory birds or nests. Tree protection will additionally be undertaken, when necessary, to avoid damaging adjacent trees and to protect potential bat roosting habitat.  If any active nests are identified during the construction activities, work around the area will cease and a qualified biologist consulted to determine a buffer zone appropriate to the species. A buffer around the nest should be established, and work inside the buffer avoided until the young have fledged and left the area.

Although no candidate snag trees suitable for bat maternity roosting colonies were identified on or adjacent to the Site, it is possible that bats may temporarily roost on surrounding trees to rest during foraging bouts. Impacts to individual bats will be mitigated by completing tree clearing activities when bats are hibernating and not likely to be foraging/roosting in the area (i.e. after September 30th). If work is completed during the bat active period (i.e. from April 1 to September 30), all trees proposed for removal will be surveyed by a qualified biologist to determine if suitable to support bat roosting colonies. All potential snag trees (defined as a standing dead or dying tree, an any tree that has a crack, hole crevice or cavity with a diameter at breast height of 25 cm or greater) will be protected during the course of the work.

Contractor will be required to prepare and Air, Noise and Dust Pollution Control Plan that outlines management measures to limit related impacts.  The Plan shall also outline the conditions and upper concentrations of pollutants and dust where all work would cease, as well as notification procedures of the project team or community members to identify conditions that would trigger control measures.

 When working within the KZA Gull Bay First Nation Community, Contractors will respect normal hours of operation from 8:00 am to 5:00 pm.  Any construction taking place in areas more than 1 km away from the Community may operate with additional hours as required. 

 All construction equipment will be maintained in accordance with manufacturer specifications to limit nitrogen dioxide, sulphur dioxide, suspended particulates, other pollutants.  In the event of high odours, work will cease until controls are implemented.  Dust mitigation measures will include the application of water to access roads during dry, windy or dusty conditions.

Contractor will be required to submit a site-specific Traffic Control Plan.  There is potential for increased heavy equipment and vehicle traffic above normal frequencies within the community during construction events.  Vehicles will be required to travel at reduced speeds as outlined by the Community's By-Laws.  Access to the construction area will be controlled to limit non-construction traffic.  Construction inspectors will be on-Site throughout the construction period to monitor for any traffic and health and safety concerns.

Contractor will be required to submit a Solid Waste Disposal Plan for identifying methods and locations for non-hazardous solid waste disposal.  Burial of waste will not be permitted on site.  Non-hazardous waste may be disposed of at the existing KZA Landfill (pending written permission by KZA) or at a licensed solid waste disposal facility.  Hazardous wastes and recyclable materials shall be disposed of at a licensed facilities, as applicable.

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