Notice of Determination

Novermber 14, 2023 - Indigenous Services Canada has determined that the proposed Wastewater System Upgrades Project at Magnetawan First Nation is not likely to cause significant adverse environmental effects.

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

• Community knowledge; and
• Mitigation measures to address potential impacts resulting from construction activities.

Mitigation measures taken into account for this determination are:

• Erosion and Sediment Controls (ESC) will be implemented to reduce and control soil erosion and sedimentation runoff to adjacent water body. Standard duty silt fencing and/or equivalent erosion and sediment controls, such as hay bales, will be installed around the perimeter of the work area where disturbed soils or loose fill materials may impact waterbodies.  Erosion and sediment control measures will be monitored regularly.  Stabilization of stockpiles, bare slopes and exposed soils will be conducted with erosion control blankets, straw and/or native seed mix to reduce potential run-off. These ESC measures will be inspected to ensure that the river is protected from sedimentation;
• Temporary pumps, piping and valves if required, will be installed to maintain flows. After the switchover from the existing to proposed infrastructure is complete, the wastewater effluent is to be sampled in accordance with applicable guidelines/limits for the site prior to discharging to the receiving body;
• Weather will be monitored for wind/rain conditions. Work will not be conducted during times of high precipitation.  ESC will be monitored before and after storm events and repaired as required;
• Pollution Control measures will be implemented to reduce and control contamination to soil and groundwater associated with maintenance and re-fueling of equipment, storage of hazardous materials, sampling of ponded water prior to dewatering (if applicable) and testing imported soils, fill or aggregates prior to backfilling.  If contaminated soils are encountered during excavation, works will be halted, the First Nation and provincial/federal authorities will be notified.  The amount of contamination will be determined, removed and disposed of in accordance with the Canadian Council of Ministers of the Environment (CCME) Guidance Manuel for Environmental Site Characterization and Human Health Risk Assessment (2016);
• Vegetation Clearing will be completed outside of Migratory Bird nesting season (i.e., April 15 to September 30). The area to be cleared will be marked to ensure excess clearing is not conducted. Movement of vehicles and machinery will be restricted to the work areas and designated access points.  Revegetation of cleared/ exposed soil will be done using native trees, shrubs or grasses, the areas will be covered with mulch to prevent soil erosion and to help seeds germinate;   
• Rock excavation operations will be carried out by a Specialist Blasting Consultant/Contractor and will adhere to all applicable regulations.  The use of explosives, blasting and vibration monitoring will be completed by the Blasting Specialist to ensure impact are mitigated as appropriate.  If blasting is required near a waterbody,  the Guidelines for the Use of Explosives in or Near Canadian Fisheries Water (https://waves-vagues.dfo-mpo.gc.ca/library-bibliotheque/40684246.pdf) will be followed;
• To reduce and/or control the introduction or spread of invasive species, equipment will be pressure washed before entering a site and before being moved to another location. The Ontario Invasive Plant Council's Best Management Practices (https://www.ontarioinvasiveplants.ca/resources/bestmanagement-practices/) and the Ontario Invasive Plant Council's Clean Equipment Protocol for Industry (https://www.ontarioinvasiveplants.ca/wp-content/uploads/2016/07/Clean-Equipment-Protocol_June2016_D3_WEB-1.pdf) will be followed for the duration of the project to reduce the likelihood of introducing invasive plant species;
• Work will be carried out in a manner that protects migratory birds and avoids harming, killing or disturbing migratory birds or destroying, disturbing or taking their nests or eggs, following Environment and Climate Change Canada's guidelines to avoid harm to migratory birds (https://www.canada.ca/en/environment-climate-change/services/avoidingharm-migratory-birds.html);
• In the event that tree removal must occur within the bat maternity season (i.e., April 1 to September 30), a qualified biologist will inspect potential maternity roost trees, following the protocol outlined by the Ontario Ministry of Natural Resources and Forestry guidance for Bats and Bat Habitats: Guidelines for Wind Power Projects (MNRF 2011);
• Exclusionary fencing will be installed around the work area to prevent species from entering the project site and in advance of reptile nesting season (April 1). Fencing will be designed and installed to follow the Ontario's Reptile and Amphibian Exclusion Fencing to ensure effectiveness and prevent harm to SAR reptiles. Should, at any time, an individual of a SARA protected species (e.g., Massasauga) wildlife be encountered in the work area, all project activities in the immediate area must cease until the individual leaves the area of its own accord. Due to the shallow bedrock onsite, fencing will be installed using t-bars with supports and will be weigh down with sand bags;  
• In-water works, undertakings and activities will respect timing windows to protect fish, including their eggs, juveniles, spawning adults and/or the organisms upon which they feed and migrate. No in-water works will completed between October 1 to July 15. If Horizontal Directional Drilling (HDD) is used, a Frac-out Response Plan will be developed and implemented, as necessary. The in-take will be designed in conformance with DFO's Code of Practice for water intake screens (https://www.dfompo.gc.ca/pnw-ppe/codes/screen-ecran-eng.html);
• Dust Control Measures will be implemented to control air quality. Where practical, idling of on-site vehicles will be discouraged. Vehicles will be covered when soil or aggregates are transported.  Exposed soils will be covered or wetted down;
• Noise Control Measures including the use of noise muffled devices and restricting construction work to regular working hours, will be implemented to reduce and control temporary construction noise disturbances to receptors near the construction site. Speed limits will be respected.  Any powered equipment will be shut off when not in use;
• Project activities will comply with provincial and federal Occupational Health and Safety requirements, including the use of PPE at all times. Construction works will be completed during daylight hours. Flagmen and barricades will be utilized where and when necessary. Injuries, incidents or fatalities will be immediately reported to the Workplace Safety and Insurance Board of Ontario. Warning signs will be placed at the entrance to the construction site and unauthorized entry to the construction site by the public will be prevented by a perimeter fence and locked gate;
• Best Management Practices will be implemented to address and respond to potential environment effects on Archeological/Cultural resources.  If heritage or historic resources are uncovered during the works, work will temporarily cease and the First Nations Council and Elders will be contacted along with any applicable federal or provincial authorities to examine the site and determine a proper course of action prior to works commencing in the area.  In the case of new excavation, or excavation that will widen, deepen or otherwise alter the footprint of a previous excavation in the zones of elevated archaeological potential, an archaeologist may need to be called on site to monitor that work.  If any human remains are discovered during project activities, all work in the location concerned must be halted immediately and the appropriate local authority must be notified immediately. Work shall not resume at that location until measures for the protection of those remains have been put in place, including measures determined appropriate by the community.

Indigenous Services Canada is satisfied that 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.