BMP_General Fish Habitat Protection Feb_2014_FINAL

Ministry of Transportation - Ontario
BEST MANAGEMENT PRACTICE
GENERAL FISH AND FISH HABITAT PROTECTION
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SCOPE
This MTO Best Management Practice (BMP) applies to routine construction and
maintenance activities with a low risk of impact to a commercial, recreational or Aboriginal
fishery or one that supports such a fishery.
This BMP may be applied to the following activities that occur within 30 metres of the
ordinary high water mark of a waterbody and that are on the MTO Fisheries Protocol
Excluded Activities List below:
Asphalt and Concrete Pavement Surface Repair
Asphalt, Concrete and Surface Treated Shoulders
Asphalt Resurfacing
Advanced Traffic Management System (ATMS) Installation, Repair and Replacement
Concrete Barrier Installation, Repair and Replacement
Culvert Thawing
Curb and Gutter Repair and Cleaning
Debris Control
Facilities Maintenance
Fence Installation, Repair and Replacement
Granular Sealing of Gravel Shoulders
Gravel Surface Repair
Gravel Shoulder Repair
Guide Rail and Energy Absorbing System Installation, Repair and Replacement
Hard Surface Pavement and Shoulder Cleaning
Pavement Marking Application
Rest Area and Picnic Site Maintenance
Road Patrol
Sign and Sign Support Installation, Repair and Replacement
Surface Treated Surface Repair
Utility Trenching
Winter Maintenance
This BMP applies to the protection of a commercial, recreational or Aboriginal fishery
without limiting the conditions and approvals imposed by statute.
Activities undertaken in relation to the project must comply with federal and provincial
legislation, including the federal Species at Risk Act and the provincial Endangered
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Species Act. It is up to user of this BMP to obtain all necessary permits to proceed with
the work.
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REFERENCES
Fisheries Act, R.S.C., 1985, c. F-14
MTO/DFO/OMNR Fisheries Protocol for the Protection of Fish and Fish Habitat on
Provincial Transportation Undertakings
MTO Environmental Guide for Erosion and Sediment Control During Construction of
Highway Projects
OPSS 180 Management of Excess Materials
OPSS 804 Construction Specification for Seed and Cover
OPSS 805 Temporary Erosion and Sediment Control Measures
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DEFINITIONS
Aboriginal, in relation to a fishery: means that fish is harvested by an Aboriginal
organization or any of its members for the purpose of using the fish as food, for social or
ceremonial purposes or for purposes set out in a land claims agreement entered into with
the Aboriginal organization.
Aquatic Vegetation means a plant that grows partly or wholly in water whether rooted in
the streambed, floating without anchorage or rooted along a waterbody bank.
Biodegradable Erosion Control Blanket (ECB) are products that are used to cover the
seeded earth areas and stapled in place to provide erosion control and protection for
germinating seeds and are biodegradable in nature so that they have the ability to break
down, safely and relatively quickly, by biological means, into the raw materials of nature
and disappear into the environment.
BMP (MTO) A Best Management Practice is intended to provide advice to MTO staff,
Service Providers and Contractors on how to undertake routine activities in a manner that
avoids impacts to fish and/or fish habitat.
Bonded Fiber Matrix (BFM) is a hydraulically applied product made of wood, cotton, or
cellulose pulp fibers. When applied, the BFM forms a viscous material that upon drying
creates a high strength, porous, and erosion resistant mat.
Commercial, in relation to a fishery: means that the fish is harvested under the authority
of a license for the purpose of sale, trade or barter.
Deleterious Substance as defined by the Fisheries Act as any substance that, if added to
water, makes the water deleterious to fish or fish habitat or any water containing a
substance in such quantity or concentration or has been changed by heat or other means,
that if added to water makes that water deleterious to fish or fish habitat. Note that
sediment is considered a deleterious substance.
Endangered Species Act is the Provincial legislation enacted to:
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1. Identify species at risk based on the best available scientific information, including
information obtained from community knowledge and aboriginal traditional knowledge.
2. Protect species that are at risk and their habitats, and to promote the recovery of
species that are at risk.
3. Promote stewardship activities to assist in the protection and recovery of species that
are at risk.
Erosion is the process by which the natural (earth) or unnatural (embankment, slope
protection, structure, etc.) land surface is naturally worn away by the actions of water,
wind, ice or other geologic agents.
Excess Material as defined in OPSS 180.
Fish as defined by the Fisheries Act means parts of fish, shellfish, crustaceans, marine
animals and any parts of shellfish, crustaceans or marine animals, and the eggs, sperm,
spawn, larvae, spat and juvenile stages of fish, shellfish, crustaceans and marine animals.
Fish Habitat as defined by the Fisheries Act means spawning grounds and nursery,
rearing, food supply and migration areas on which fish depend directly or indirectly in order
to carry out their life processes.
Fish Passage means the migration and movement of all life stages of fish to obtain access
to food, shelter or spawning habitat through bridges, culverts or other obstructions.
Impact is the change brought about by a cause or agent and reflects a change in fish
and/or fish habitat that has the potential to influence the productive capacity of fish habitat.
Local Seed Bank means all the seeds existing in the topsoil in a riparian vegetation area
containing native species to the project site which propagate quickly and are healthy and
free of disease or pests.
Low Risk Projects are defined by the MTO/DFO/OMNR Fisheries Protocol as
development proposals that are not likely to result in impacts to fish and fish habitat,
providing appropriate mitigation measures are applied. Development proposals where the
effects are well understood and readily able to be mitigated using standard measures, fit
into this category.
Mitigation is a measure to reduce the spatial scale, duration, or intensity of serious harm
to fish that cannot be completely avoided. The best available mitigation measures or
standards should be implemented by proponents as much as is practically feasible.
Mitigation measures include the implementation of best management practices during the
construction, maintenance, operation and decommissioning of a project.
Ordinary High Water Mark means the usual or average level to which a body of water
rises at its highest point and remains for sufficient time so as to change the characteristics
of the land. In flowing waters (rivers, streams) this refers to the “active channel/bank-full
level” which is often the 1:2 year flood flow return level. In inland lakes, wetlands or marine
environments it refers to those parts of the waterbody bed and banks that are frequently
flooded by water so as to leave a mark on the land and where the natural vegetation
changes from predominately aquatic vegetation to terrestrial vegetation. (See diagrams
below.)
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RIPARIAN
VEGETATION
RIPARIAN
VEGETATION
Recreational, in relation to a fishery: means that fish is harvested under the authority of
a license for personal use of the fish or for sport.
Riparian Vegetation Areas means trees, shrubs and other vegetation within 30 metres of
the top of a waterbody bank.
Sediment is soils or other surface material transported by wind or water as a result of
erosion. Note that sediment is considered a deleterious substance.
Serious Harm to Fish means the death of fish, a permanent alteration to fish habitat or
the destruction of fish habitat as being, or as supporting a commercial, recreational or
Aboriginal fishery.
Species at Risk Act is the Federal legislation enacted to prevent Canadian indigenous
species, subspecies, and distinct populations from becoming extirpated or extinct, to
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provide for the recovery of endangered or threatened species, and encourage the
management of other species to prevent them from becoming at risk.
Spills are the release of deleterious substances including sediment into a waterbody.
Streambed means the bottom of a watercourse in which the water flows over.
Timing Windows are the window of time when construction in and around a waterbody is
not permitted and is established by OMNR. These timing constraints typically coincide
with critical periods in the life cycle of fish (reproduction, incubation and nursery activities).
These windows are applied by MTO as necessary on a project-by-project basis.
Waterbody means any permanent or intermittent, natural or constructed body of water
including lakes, ponds, wetlands and watercourses, but does not include stormwater
management ponds.
Waterbody Bank means the area of slope on or adjacent to a waterbody, from the
ordinary high water mark to the top of slope.
Watercourse means a stream, creek, river, or channel including ditches in which the flow
of water is permanent, intermittent or temporary.
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CONSTRUCTION AND MAINTENANCE PROCEDURES
4.1
Potential Impacts to Fish and/or Fish Habitat
Activities carried out to install, repair or replace various components of a highway may
have impacts and cause serious harm to fish by; disruption of sensitive fish life stages;
disturbance of the streambed and banks; release of sediment into waterbodies; loss of
riparian vegetation; alteration of flows and fish passage; and the deposition of deleterious
substances into waterbodies.
This BMP is intended to provide advice to MTO staff and contractors on how to undertake
routine maintenance activities as on the MTO Fisheries Protocol Excluded Activities
List in a manner that avoids any serious harm to fish. This BMP also streamlines the
regulatory review process for routine activities in or near a waterbody with a low risk of
causing serious harm to fish, by identifying at the onset the necessary mitigation measures
needed.
4.2
Operational Conditions
Activities on the MTO Fisheries Protocol Excluded Activities List that meet the
following conditions and are carried out in accordance with all of the following operational
constraints and protection measures shall be considered to be in compliance with the
Fisheries Act and Step 1 of the MTO/DFO/OMNR Fisheries Protocol. As such, works
may proceed without further review. If any of the conditions, operational constraints or
protection measures cannot be met, this BMP CANNOT be used and MTO staff and
contractors shall proceed to Step 2 in the Fisheries Protocol process.
•
The work involves the installation, repair or replacement of a highway component
in an existing right-of-way (e.g. sign);
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•
•
4.3
4.3.1
The work does not involve work in, or modification of, a waterbody or waterbody
bank; and
The work will not result in an increase to the existing footprint of a highway.
Operational Constraints and Protection Measures
General
Work shall be controlled to provide effective protection of a commercial, recreational or
Aboriginal fishery. When an environmental protection measure or practice is found to be
absent or ineffective, corrective actions shall be taken immediately, including repair or
replacement of the measure as required.
Waterbodies shall not be entered, diverted, relocated, blocked or filled using any type of
equipment.
4.3.2
Equipment Use
Vehicles and equipment shall not be allowed to enter waterbodies.
Equipment shall arrive on site in clean condition. It shall be maintained free of fluid leaks
and be operated on dry land in a manner that minimizes disturbance to waterbody banks
and riparian vegetation areas.
Equipment refueling and maintenance shall take place at locations as far away from
waterbodies as possible and practicable, in a manner that prevents sediment and other
deleterious substances from entering into a waterbody.
4.3.3
Preservation of Riparian Vegetation
Trees, shrubs and other vegetation shall be preserved within riparian vegetation areas.
Removal of riparian vegetation shall be kept to a minimum to help maintain the stability of
waterbody banks. The area over which vegetation in riparian vegetation areas is removed
shall be minimized and shall affect no more than one third (1/3) of the total woody
vegetation in the right-of-way within 30 metres of the ordinary high water mark of a
waterbody.
Existing trails, roads or cut lines shall be used wherever possible as access routes to avoid
disturbance to waterbody banks and riparian vegetation areas.
4.3.4
Erosion and Sediment Control
Sediment can cause serious harm to fish and can cover up fish habitat. To minimize
disturbance of the waterbody and waterbody banks by avoiding erosion and the deposit of
sediment into fish habitat, ensure effective erosion and sediment control measures are
used to stabilize the worksite.
Erosion and sediment control measures shall be installed prior to the commencement of
work and be maintained until vegetation has become re-established in disturbed areas,
after which the measures shall be removed. At a minimum, this shall include placement of
sediment control measures appropriate for the site conditions to prevent the release of
sediment or other deleterious substances to the waterbody.
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Measures shall be inspected regularly and maintained to remain effective at all times
during the course of the work. The installation, monitoring, maintenance, and removal of
temporary erosion and sediment control measures shall be according to OPSS 805.
4.3.5
Restoration of Disturbed Areas
Areas that have been disturbed shall be restored to their original or better condition. In
order to re-establish vegetation as quickly as possible and to prevent erosion, areas of
exposed soil shall be stabilized immediately following the routine construction or
maintenance activities.
Slopes with a gradient up to 3:1 may be seeded or have a minimum of 150 mm of native
topsoil with salvaged local seed bank left in place. Slopes with a gradient exceeding 3:1
shall be seeded and mulched with seed and bonded fiber matrix, or seed and a
biodegradable erosion control blanket and shall be according to OPSS 804.
If there is insufficient time remaining in the growing season, the site shall be stabilized with
temporary erosion control measures such as erosion control blankets and seeded the
following spring. Erosion and sediment control measures shall be maintained until
vegetation has been established in all disturbed areas.
Materials for site stabilization or construction should not be obtained from below the high
water mark of any watercourse
4.3.6
Spills Response
An emergency spill kit shall be kept on-site in case of spills during activities or fluid leaks
or spills from equipment.
When spills occur, the Ministry of the Environment Spills Action Centre 1-800-268-6060
shall be contacted and all reasonable corrective action shall be taken to contain and clean
up the spill immediately.
4.3.7
Management of Excess Materials
All excess material, including but not limited to, earth, concrete, asphalt, decommissioned
highway components or materials (e.g. guiderail), debris and containers shall be managed
to prevent material from entering waterbodies and shall otherwise be properly reused or
disposed of, in accordance with OPSS 180.
Snow shall not be deposited into a waterbody or onto ice covering a waterbody.
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DESIGN AND SUBMISSION REQUIREMENTS
There are no submission requirements when the conditions, operational constraints and
protection measures in this BMP can be applied to activities on the MTO Fisheries
Protocol Excluded Activities List.
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