July 23, 2014 EAB File #: Transaction #: Brad Hannan Ministry of Highways and Infrastructure 1630 Park Street REGINA SK S4N 2G1

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1 Ministry of Environment Environmental Assessment Branch 4 th floor, 3211 Albert Street Regina, Saskatchewan S4S 5W6 Phone: (306) Fax: (306) July 23, 2014 EAB File #: Transaction #: Brad Hannan Ministry of Highways and Infrastructure 1630 Park Street REGINA SK S4N 2G1 Dear Mr. Hannan: Re: Highway Environmental Review - Conversion to Supergrid South of Corning The Saskatchewan Ministry of Environment (the ministry), Environmental Assessment Branch (the Branch), has received your Application for Ministerial Determination and has completed a screening of Saskatchewan Ministry of Highways and Infrastructure s (MHI) project Highway Environmental Review - Conversion to Supergrid South of Corning. The proposed project is described in the following documents, collectively termed the Application : Highway Environmental Review - Conversion to Supergrid South of Corning technical proposal dated March 2014; from Kathy Hilderman (Tetra Tech EBA Inc.) dated June 11, 2014 in response to the Branch s request for additional information; Environmental Study Highway Environmental Review - Conversion to Supergrid South of Corning supplemental biological surveys dated July 2014; and from Brad Hannan (MHI) dated July 22, 2014 in response to the Branch s second request for additional information. Based on the information presented in the Application, it is our determination that the project does not meet the criteria of section 2(d) of The Environmental Assessment Act (the Act) and, therefore, is not a development that is required to undergo an Environmental Impact Assessment (EIA). This determination is provided under the authority of section 7.3 of the Act and grants the proponent authorization to proceed with the subsequent regulatory approvals for this project. 2

2 Brad Hannan Page 2 July 23, 2014 The project is deemed not to be a development as per the attached Reasons for Determination. In addition to advising of our determination, this letter also includes the following terms and conditions. The decision to not require an EIA pursuant to the Act is contingent on compliance with the following terms and conditions: 1. The project must be undertaken and environmental protection measures implemented in the manner described in the Application, except where alterations are required for compliance with other regulatory requirements. 2. The Branch must be advised if you plan to alter the project significantly from that described in the Application. 3. The Branch must be advised if work is not commenced within two years of the date of this letter. The Application s environmental acceptability would be re-examined in light of the circumstances of the day. 4. You must comply with all other federal, provincial and municipal regulatory requirements including those from the ministry. 5. You must comply with all reasonable follow up Ministerial requests to monitor compliance with these conditions. Please also be advised that: 1. This letter is NOT an approval to proceed with construction activities, it is simply provided by the Branch to inform you that you may proceed to obtain other permits and approvals that may be required. Additional approvals from the ministry and other agencies may be required. 2. As noted above, the Branch has made a determination that the proposed undertaking is not a development. The purpose of providing a determination is to provide some certainty that the ministry will not initiate any action to require an EIA pursuant to the Act. 3. The province recognizes its constitutional obligation to consult with potentially affected First Nations and Métis communities when making decisions that may adversely impact the exercise of Treaty and Aboriginal rights. If the project may have an impact on Treaty or Aboriginal rights, decisions by other government agencies during permitting may trigger the Crown s duty to consult.

3 Brad Hannan Page 3 July 23, 2014 Should you have any questions regarding the content of this letter, please feel free to contact Ann Riemer, Senior Environmental Assessment Administrator at (306) Sincerely, Original Signed by Erika Ritchie Commissioner Acting for and on behalf of the Minister of Environment Phone: (306) Enclosure: Reasons for Determination cc: Sharla Hordenchuk, Environmental Assessment Branch, Ministry of Environment Brady Pollock, Environmental Assessment Branch, Ministry of Environment Kathy Hilderman, Tetra Tech EBA Inc. EA Records

4 Reasons for Determination Date: July 23, 2014 EAB File #: Transaction #: Project Title: Highway Environmental Review - Conversion to Supergrid South of Corning Proponent: Ministry of Highways and Infrastructure (MHI) Proposal: MHI is proposing to convert approximately 5.44 km of Highway south of Corning to a supergrid standard and implement geometric improvements. This section of highway will be converted to gravel, have the right-of-way (ROW) widened by 13.5 m and be realigned in some sections. The location of the project is from 19.4 km to 24.4 km north of its junction with Highway 13. This section of highway primarily serves the Rural Municipalities of Golden West and Tecumseh, which includes the Towns of Stoughton and Corning, and the Ocean Man First Nation (OMFN). The widening and realignment will necessitate the purchase of 5.3 ha of land, 1.3 ha of which is Ocean Man First Nation Reserve land, and impact an additional 2.3 ha of land adjacent to the existing ROW. Approximately two-thirds of the length of the project is adjacent to native prairie of which 4.0 ha will be impacted. The highway currently bisects a Class V wetland of which 0.12 ha will be lost due to road widening. An ephemeral stream is also currently crossed by the existing road. Borrow material for the project will be obtained from a previously disturbed borrow site or cultivated land. The information provided in the project proposal has led to the determination that the described project does not trigger the criteria of section 2(d) of The Environmental Assessment Act (the Act) and therefore is not considered a development and will not require an Environmental Impact Assessment (EIA). The determination that this project is not a development is based on the potential to meet the following criteria of section 2(d) of the Act being met: a) have an effect [sic] on any unique, rare or endangered feature of the environment; An initial review of historical records indicated only one occurrence of a species at risk (ferruginous hawk Buteo regalis - Threatened) in the study area (1,000 m to the side of the highway). During field surveys one plant species and eight bird species at risk were identified in the study area. One individual of the plant species downy paintbrush (Castilleja sessiliflora S3S4) was found in the project footprint, but more than 100 individuals were found in the area outside of the footprint. The loss of this one individual with the S3S4 ranking will not impact the population in the area. 1

5 Proposed mitigation includes: o minimizing the clearing of natural habitats; o adhering to recommended restricted activity dates and setback distances for any observed species at risk; and o avoiding construction activities during the avian breeding season. MHI conducted a HRIA for the project and identified two stone feature sites at the clay borrow source areas. Provided MHI avoids these sites, Ministry of Parks, Culture and Sports - Heritage Conservation Branch has no further concerns with the project. Based on the results of the survey work and the measures proposed to prevent, avoid or minimize the impacts of the project, effects on rare or endangered features of the environment are not anticipated. b) substantially utilize any provincial resource and in so doing pre-empt the use, or potential use, of that resource for any other purpose; There will be no substantial use of provincial resources. The project involves conversion of an existing highway with very little additional land required. c) cause the emission of any pollutants or create by-products, residual or waste products which require handling and disposal in a manner that is not regulated by any other Act or regulation; Typical of road construction projects, airborne emissions along the project area will increase during construction. These emissions will result from vehicle exhaust, dust generation and other activities. These emissions are expected to be local and minor in nature and will largely comply with applicable ambient air quality standards. It is anticipated that the impacts will mainly be limited to the construction site and airborne concentrations of most pollutants following the conclusion of construction activities will become negligible, except for a likely increase in dust due to conversion of the highway to gravel. d) cause widespread public concern because of potential environmental changes; No local or widespread public concern regarding environmental change has been identified with this project. The project will likely cause minor environmental change during the construction phase; however, because the residual effects will not be significant and the safety of the highway will be improved, widespread public concern is not anticipated. The widening and realignment will necessitate the purchase of 1.3 ha of reserve land owned by the OMFN. Although OMFN has some concerns about losing the 2

6 1.3 ha of land, MHI is in discussions with the First Nation and AANDC in an effort to come to a reasonable compromise. e) involve a new technology that is concerned with resource utilization and that may induce significant environmental change; or No new technology is being used. Standard construction methods and equipment are expected to be used during construction. f) have a significant impact on the environment or necessitate a further development which is likely to have a significant impact on the environment? The total area directly affected by the project is 7.6 ha, of which two-thirds is native grassland. Disturbed areas not required for the road bed will be restored using a native grass seed mix. Additionally, 0.12 ha of previously bisected Class V wetland will be lost. MHI will employ best management practices to avoid unnecessary disturbance and siltation of the wetland. MHI is employing a number of measures to avoid or mitigate impacts of the Project, as described in their technical project proposal including: o minimal clearing of natural habitat; o maintaining or improving wetland connectivity by using large culverts; o installing barriers along wetland/highway edges to discourage amphibian and reptile movement onto road surfaces; o hydro-seeding disturbed areas (native species adjacent to native habitat) and ensuring appropriate weed control measures are in place; and o using erosion and siltation controls on slopes and in wetlands. The criterion is not met. Conclusion: Based on the above considerations, the ministry s review of the proposal concludes that the project is not a development that is required to undergo an EIA and require a Ministerial Approval as identified in Section 8 of the Act. The project is subject to all other regulatory requirements, the protection measures in the proposal, and the stipulations in the attached letter. 3