CONSTRUCTION STANDARDS FOR ACTIVITY IN WATERCOURSES AND WETLANDS

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1 CONSTRUCTION STANDARDS FOR ACTIVITY IN WATERCOURSES AND WETLANDS January 2012 This document was created by e PEI Department of Environment, Labour and Juice in accordance wi e Watercourse and Wetland Protection Regulations (Sections 4 & 5) to set out e andards at mu be met by contractors licensed under e Regulations to complete certain activities in watercourses, wetlands and buffer zones wiout a Watercourse, Wetland and Buffer Zone Activity Permit. GENERAL STANDARDS 1. The general andards are to be used for all of e subsequent specific activities undertaken by contractors licensed under e Regulations to complete certain activities in watercourses, wetlands and buffer zones wiout a Watercourse, Wetland and Buffer Zone Activity Permit. 2. All work mu be guided and overseen by a person who holds a Watercourse, Wetland and Buffer Zone Activity Certificate and is employed by a holder of a Watercourse, Wetland and Buffer Zone Activity Business License. 3. Conruction activities in aquatic and riparian environments mu be conducted in rict compliance wi e Prince Edward Island Environmental Protection Act, Watercourse and Wetland Protection Regulations, and e sections of e Fisheries Act, Fisheries and Oceans Canada, at address fish heal and fish habitat, and any oer Acts relevant to e activity being completed. 4. All reasonable measures and precautions mu be taken to minimize e siltation of and prevent e deruction of watercourses and wetlands. 5. A spill kit which possesses a minimum of 190 litre petroleum product absorption capacity mu be onsite at all times during e project. The contents of e kits mu include a 45 gallon drum wi removable cover, absorbent and containment booms, absorbent pads, blankets and particulate, and disposal bags and ties. 6. All fuel, lubricants or oer toxic chemicals mu be ored a minimum of 30 metres from any watercourse or wetland. 7. The washing, refuelling, servicing of equipment and orage of fuel, equipment and oer materials mu occur a minimum of 30 metres from watercourses and wetlands to prevent any deleterious subance from entering e water. 8. Heavy equipment is to arrive on site in a clean, washed condition and is to be maintained free of fluid leaks. 9. Should a fuel or hazardous material spill occur, regardless of e size, e spill mu be

2 reported to e Environmental Emergency Response number at This Emergency Response number operates 24- hours a day, 365 days a year. 10. Activities are prohibited in marine conservation areas eablished by e Canadian National Marine Conservation Areas Act including e Basin Head Lagoon area. 11. Heavy equipment (oer an tracked vehicles) is not permitted to operate in e following shoreline areas on PEI and e Department mu be notified by phone at prior to undertaking work in ese areas: a. Brighton Shore, Charlottetown, area between e shore accesses of York Lane and Colonel Gray Drive, Lat/Long coordinates (46 13' ", -63 8' ", to 46 14' ", -63 8' ") Refer to Figure 1. b. Langley Beach, Stratford (shore between Battery Point and Rosebank Point, Lat/Long coordinates 46 12' ", -63 7' " to 46 13' ", -63 6' ") Refer to Figure 1. c. Brooklyn, Prince County (shore along Wallace Dr., Dunroamin Ln, Vegabond Ln. and Adams Dr., Lat/Long coordinates 46 46' 19.74", -64 6' " to 46 46' ", ' ") Refer to Figure 2. Figure 1 - Rericted zones Figure 2 - Rericted zones 12. When erosion control techniques are being utilized ey mu adhere to e Conruction Techniques for Erosion and/or Sedimentation Control specified later in is document. 13. Prior to commencing any activity under ese andards, e contractor mu fax e Department of Environment, Labour and Juice a completed notification form and have received back from e Department a faxed acknowledgement at e notification form has been received.

3 CONSTRUCTION STANDARDS FOR SPECIFIC WATERCOURSE, WETLAND AND BUFFER ZONE ACTIVITIES In addition to e previous general andards, e following andards are specific to e activities lied and mu be followed when undertaking ose activities: Shore Stabilization Shoreline abilization activities mu be carried out as follows: 1. Shoreline abilization can be carried out on shorelines of tidal water only. It may not be completed under e Contractor Licensing Program where e area at e base of e bank to be armoured is a wetland or sand dune. 2. The deposition of material or placement of conruction shall not exceed 50 metres in leng when measured following e natural contours of e shoreline. 3. The deposition of material or placement of conruction shall not exceed 1 metre on e seaward side of e toe of e exiing bank and e deposition of material shall not change e natural contours of e shoreline. The reclamation of eroded property is not permitted. 4. Trees in e buffer may not be cut or deroyed. Dead trees on e beach/shoreline may be removed to allow placement of shore abilization material. Trees leaning over e bank above e shore abilization material may be removed. 5. Shrubs may be cut or diurbed but e diurbance and cutting should kept to e minimum required to complete e work. Areas wi shrubs at are diurbed or cut mu not be grubbed or converted to grass (no removal of umps/roots and/or addition of fill material). 6. Contractors mu use an exiing access to e shoreline. The creation of a new access to e shoreline rough excavation of e bank, including e creation of slipways and walkways, is not permitted under e Contractor Licensing Program. The footprint (wid) of an exiing access mu not be increased. 7. A airway, conructed of wood or metal and for pederian access to e shoreline, may be placed as part of e shore abilization work. 8. Exiing rock (naturally occurring sandone on e shoreline) directly in front of e property and wiin 3 m of e toe of slope may be incorporated into e shore abilization material. 9. Shoreline abilization work may not be carried out in areas where bank swallows are neing. If bank swallow ne holes are present, no work can be carried out between May 15 and September 1 and e contractor mu contact Dale Thompson ( ) or Kevin Arsenault ( ) to arrange for a site inspection.

4 10. Acceptable meodologies include riprap conruction, vertical retaining wall or gabion baskets. 11. For riprap conruction: a. The material used for e shoreline abilization ructure mu be clean, durable and uncontaminated. It may include rock, crushed concrete, concrete ructures, concrete slabs or oer such material. The material may not have protruding re-bar and cannot be conruction rubble (i.e.: bricks & concrete/cinder blocks), organic matter (i.e.: plant material such as trees) or asphalt. b. The material used for e backfill mu be clean and uncontaminated and may include common borrow, shale or gravel. c. The material used for shoreline abilization mu be securely inalled to ensure it does not create a safety hazard. d. Filter fabric is recommended behind e riprap to reduce undermining and loss of backfill material. e. The exterior face of e abilization material mu be keyed (entrenched) into e beach profile to a dep of at lea 0.6 metres to prevent undermining. f. The abilization material at e ends of e ructure mu be tied back into e exiing bank. This will help prevent scouring around e ends of e ructure at could lead to ructural failure. g. If riprap is being used, e slopes where e riprap is to be placed shall be graded to a gentle slope. 12. For vertical retaining wall conruction: h. Acceptable conruction materials are heavy timber or heavy concrete blocks. i. Timber materials may be untreated or pressure treated wi preservatives. All treated wood mu be air dried for a period of at lea 6 mons prior to conruction. Touch-up painting of cut ends should be carried out away from e water and allowed to dry for a minimum of one week prior to being used. Creosote treated materials can not be used. All vertical walls mu be tied into each oer and also tied into e bank material. Ties into e bank material mu be secure such as large dead men imbedded deep into e bank. j. The exterior face of e wall mu be keyed (entrenched) into e beach profile to a dep of at lea 0.6 metres to prevent undermining. k. Filter fabric is recommended behind e wall to prevent e backfill material from escaping. l. The ends of e wall ructure mu be tied back into e exiing bank. This will help prevent scouring around e ends of e ructure at could lead to ructural failure. 13. For wire gabion basket conruction: m. Wire baskets mu be filled wi clean one material at is larger an e mesh size. n. When more an one tier is used, e wire baskets mu be terraced (air-like) and tied togeer to add ability to e ructure. o. The lower row of e wire baskets mu be keyed (entrenched) into e beach profile to a dep of at lea 0.6 metres to prevent undermining. p. Filter fabric is recommended behind e wire baskets to prevent e backfill material from escaping. q. The backfill material behind e wire baskets mu be compacted to help prevent future

5 washouts. r. The ends of e gabion ructure mu be tied back into e exiing bank. This will help prevent scouring around e ends of e ructure at could lead to ructural failure. 14. Any holes or ruts greater an 0.5 feet in dep created on e beach area and/or shoreline which may present a safety hazard to e general public mu be filled in and levelled at e end of each working day during e project. 15. Whenever practical, as much work as possible mu be carried out from e top of e exiing property bank to rerict e use of heavy equipment on e shoreline or beach. Trees in e buffer zone mu not be cut down to accomplish is. When e presence of trees prevents working from e top of e bank, working from e shoreline may be utilized as long as: s. ere is no shellfish lease wiin 200 m of e work site, t. e shoreline area is not a wetland (such as salt marsh) or a sand dune and u. e shoreline is able enough so at repeated trips of equipment in e area does not create large holes and ruts. 16. Where practical, e close shoreline access point to e project location mu be used to access e beach or shoreline when work cannot be carried out from on top of e property bank. If private access routes are to be used, landowner permission mu be obtained prior to commencement of work. It is e licensed contractors responsibility to repair any damage resulting from accessing e site. 17. If e work is to be carried out wiin 200 metres of a shellfish lease, e work mu be completed from e top of e bank. The timing of work wiin 200 metres of a shellfish lease mu not coincide wi periods of increased sensitivity for shellfish (i.e. spatfall). This period of sensitivity is between June and Augu. 18. Heavy equipment mu not operate on a beach or shoreline wiin 500 m of where piping plovers are present. No work may be carried out from April rough September if piping plovers are present wiin 500 m of e work site. Contractors mu contact e Island Nature Tru at to determine e piping plover atus prior to conducting e work. Landscaping in a Buffer Zone Landscaping wiin a buffer zone mu be carried out according to e following procedures: 1. No infilling of any part of a watercourse, wetland or sand dune is permitted. 2. The time frame for normal planned work is between May 1 and November Landscaping may only be completed between December 1 and April 30 where e work is an emergency and mu be completed to foreall furer damage to e buffer zone and adjacent watercourse or wetland. 4. No trees may be cut or oerwise deroyed. 5. A type #1 silt fence mu be inalled along e perimeter of e watercourse boundary or wetland boundary and mu remain in place until all barren soil has been seeded and abilized. 6. The diurbed area is to be graded to a able slope. Large amounts of soil, ear, or oer material may not be eier added or removed. This means at soil at a dep in excess of 30 cm may not be eier added or removed.

6 7. All barren soil exposed by landscaping and grading carried out between May 1 and September 30 mu be seeded and abilized. 8. All barren soil exposed by landscaping and grading carried out between October 1 and November 30 mu be seeded (weaer conditions permitting) and completely covered wi hay or raw mulch; 9. All barren soil exposed by emergency landscaping and grading carried out between December 1 and April 30 mu be completely covered by a layer of hay or raw mulch. 10. No heavy equipment is permitted to enter a watercourse, wetland or sand dune Wharf Conruction Wharf conruction and repair work carried out on property under federal jurisdiction mu be executed in accordance wi e following requirements: 1. The work mu be compliant wi e provisions of e Canadian Environmental Assessment Act (CEAA). 2. The Licensed Contractor mu obtain e CEAA Environmental Screening for e project prior to commencing e work and follow its environmental procedures and mitigations. 3. The work mu be carried out as per e environmental protection requirements of e federal department of agency having jurisdiction and/or e contracting auority. 4. All reasonable precautions mu be taken by e contractor to prevent conruction and/or demolition debris from entering e watercourse or wetland. 5. Only cured and dried treated timber is to be used in e work. All pressure treated wood mu be air dried off site for a period of at lea 6 mons prior to conruction. 6. Field treatment of end cut timber wi chemical preservatives should be carried out away from e watercourse and allowed to dry for a minimum of 1 week prior to being used in e work. Caution mu be exercised for e field treatment of in-situ timber materials to prevent e release of any chemical preservatives into e watercourse. 7. All fresh concrete mu be placed in forms and cured for at lea 5 days prior to form removal. 8. All reasonable precautions mu be taken to prevent chemical form release agents, concrete mix and slurry from entering e watercourse. 9. Drums used for dock flotation mu be clean and sealed before placement in e water. 10. Styrofoam mu be suitably protected from any sources of physical damage or deterioration. 11. Wae products including creosote or pressure treated wood products at cannot be reused mu be disposed of in a provincially approved manner. 12. The contractor mu notify e Environment Division prior to e removal of any salvageable ockpiles of creosote or pressure treated timbers from e conruction site to determine if a permit from at Division is required. 13. Any salvageable ockpiles of creosote or pressure treated timbers at remain at e conruction site mu be ored a minimum of 500 metres from any dwelling or well and a minimum of 100 metres from any watercourse or wetland.

7 Operation of Heavy Equipment on e Shoreline Operation of heavy equipment on a beach or shoreline mu occur in accordance wi e following: 1. Vehicle traffic mu be confined to e exiing access points and beach area where e work is located, and any diurbances to adjacent sand dunes or beaches mu be avoided. 2. Where practical, e close shoreline access point to e project location mu be used to access e beach or shoreline when work cannot be carried out from on top of e property bank. If private access routes are to be used, landowner permission mu be obtained prior to commencement of work. It is e licensed contractors responsibility to repair any damage resulting from accessing e site. 3. Only e immediate area of e beach or shoreline at e work location may be diurbed. 4. Any holes and tracks, greater an 0.5 feet in dep, created on e shoreline during e work mu be filled, levelled or back dragged before e next high tide or before e contractor leaves e site for e day. 5. Sand dunes can only be crossed at exiing non-vegetated access points wi a diance leng of 30 metres or less. Old access points at are longer an 30 metres in leng or have grown up wi vegetation mu not be utilized. 6. The washing, refuelling, servicing of equipment and orage of fuel and oer materials shall not occur wiin 30 metres of e coaline and /or watercourse / wetland boundary to prevent any deleterious subance from entering e water. 7. Parking or orage of heavy equipment is not permitted on sand dunes, e beach or shoreline or wiin 30 metres of a watercourse boundary or wetland boundary. 8. Timing of work mu not coincide wi periods of increased sensitivity for shellfish (i.e. spatfall) if e work is to be carried out wiin 200 metres of a lease. This period of sensitivity is between June and Augu. 9. Heavy equipment mu not operate on a beach or shoreline wiin 500 m of where piping plovers are present. Contractors mu contact e Island Nature Tru at to determine e piping plover atus prior to operating on e beach or shoreline. 10. Seaweed may be repositioned on e beach/shoreline but may not be removed from e beach/shoreline for disposal. Seaweed removal requires a separate permit. 11. Washed up animals may be buried on e beach when requeed by Provincial Government. Prior to burying any animal washed up on e beach, contractors mu contact e Fores, Fish and Wildlife Division at for inructions on burial. 12. Exiing slipways may be repaired by grading and/or adding additional clean fill material. The footprint of e exiing slipway mu not be increased and no poured concrete or asphalt is permitted. 13. Exiing floating docks may be seasonally inalled/removed. New floating docks require a separate permit.

8 14. Contractors mu use an exiing access to e shoreline. The creation of a new access to e shoreline rough excavation of e bank, including e creation of slipways and walkways, is not permitted under e Contractor Licensing Program. The footprint (wid) of an exiing access mu not be increased. Minor Bridge Repairs Minor bridge repairs mu occur in accordance wi e following: 1. Repairs permitted under is section shall be limited to: i. decking and support replacement; ii. erosion control and slope protection on abutments; and iii. grading of approach roads. iv. replacement of exiing clear span bridges 2. The time frame for normal planned work: i. decking and support replacement is between May 1 and November 30 ; ii. erosion control and slope protection on abutments; and grading of approach roads is year round. 3. Minor bridge repairs for erosion control and slope protection on abutments and grading of approach roads may only be completed between December 1 and April 30 where e work is an emergency and mu be completed to foreall furer damage to e buffer zone and adjacent watercourse or wetland. 4. Timing of all work mu not coincide wi periods of increased sensitivity for fish (i.e. spawning and egg incubation) or shellfish (i.e. spatfall) if e work is to be carried out wiin 200 metres of a shellfish lease. 5. Repair work on e upream and downream ends of e approach roads mu be abilized wi wingwall riprap such as one or concrete. 6. If riprap reinforcement or armouring is required to abilize eroding areas around abutments, large clean, angular rocks mu be placed into e eroding area at a similar slope as e ream bank to maintain a uniform bank slope and natural ream alignment. The cross-sectional area for water passage under e bridge mu not be decreased by e riprap placement. 7. Approaches on bo e upream and downream ends of e bridge mu be riprapped wi one or concrete to prevent erosion. 8. During e grading of approach roads wiin 30 metres of a watercourse boundary or wetland boundary a type #1 silt fence mu be inalled along e perimeter of e boundary. The silt fence should remain in place until all barren soil has been abilized wi a minimum 1 inch ick hay or raw mulch or oer effective barrier (i.e. hay bales). 9. Any diurbance or deruction of any part of a watercourse or wetland at occurs during e project mu be repaired immediately. 10. No heavy equipment is permitted to enter or ford e watercourse or wetland. 11. Where ditch run outs are conructed along e approach roads to a bridge, ey mu not be conructed wiin e buffer zone. 12. Any conruction debris or oer debris generated during e project mu not enter e watercourse. If any materials enter e watercourse ey mu be immediately removed and disposed of in a provincially approved manner.

9 13. The wid of e grubbed zone should be no more an e total wid of e roadway, fill embankments and ditches. 14. Creosote treated timbers mu be air dried for a minimum of 12 mons before being inalled in e watercourse. 15. All barren soil exposed by landscaping and grading carried out between May 1 and September 30 mu be seeded and abilized. 16. All barren soil exposed by landscaping and grading carried out between October 1 and November 30 mu be seeded (weaer conditions permitting) and covered wi a minimum 1 inch ick hay or raw mulch. 17. All barren soil exposed by work carried out between December 1 to April 30 mu be covered wi a minimum 1 inch ick layer of hay or raw mulch. 18. Heavy equipment shall not be operated outside e roadway fill embankments and ditch area in a manner at causes diurbance to e watercourse banks or wetland. 19. Sediment barriers, such as silt fences or hay bales, mu be placed along e toe of e slope of e fill material used to conruct e approaches to e ructures. 20. Exiing clear span bridges may be replaced wi similar clear span bridge ructures. No diurbance of e reambanks and/or watercourse or increase in footprint over e previous ructure is permitted. CONSTRUCTION TECHNIQUES FOR EROSION AND/OR SEDIMENTATION CONTROL The following sections deal wi conruction techniques for erosion and/or sedimentation control related to any of e activities performed in previous sections of is document. All of e activities mu include appropriate erosion and/or sediment control measures. It is e responsibility of e contractor to determine which of e erosion or sediment control techniques is appropriate for eir project. 1. General techniques for all check dams: a. Check dams mu be inalled before e conruction phase of an alteration begins. b. Check dams mu be conructed so at e centre of e dam is at lea 15 centimetres lower an e elevation at which e ends of e dam where ey tie into e exiing ground. This may be accomplished wi a notch in e centre of e dam. c. Check dams mu be embedded into e bottom and banks of e ditch to prevent undercutting and run-around. d. Check dams should be spaced as per Figure 3 below titled Diance Between Check Dams ;

10 Figure 3Figure 3 - Diance requirements between check dams e. Regular inspections are necessary to ensure at sediment does not accumulate to an elevation of more an half of e height of e dam. The accumulated sediment mu be removed prior to reaching is level. f. Before e removal of e check dam, all accumulated sediment mu be removed and disposed of in an area where it: i. cannot re-enter any watercourse; and ii. is outside e buffer zone. g. Check dams mu be removed when ey are no longer needed or when e ditch becomes permanently abilized wi vegetation. 2. Additional one check dam requirements a. Stones mu have a minimum dimension of approximately 50 millimetres. b. Stones mu be packed tightly. 3. Additional raw bale check dam requirements a. Straw bales mu be bound wi wire or ring. b. Straw bales mu be keyed in wi a trench. c. Straw bales mu be placed tightly togeer and secured by driving 2 wooden akes rough each bale, deep enough to anchor em. d. Loose raw mu be wedged between any cracks or openings. e. A small amount of fill mu be placed on e down slope side of e bales as shown in Figure 4.

11 Figure 4Figure 4 4. Techniques for Sediment Traps a. Sediment traps mu be conructed prior to initial grubbing and excavation of a work site and shall remain in use until e diurbed area is protected again erosion by permanent abilization. b. The average leng of e trap shall be at lea twice e average wid of e trap. c. The trap mu be excavated to a maximum dep of 1 metre to reduce e frequency of clean out, and shall be sized large enough to handle e expected flows. The side slopes mu be no eeper an 1:1. The maximum dep of e sediment trap from e bottom of e trap to e top of e spillway mu not exceed a dep of 1.3 metres. d. The outlet of e sediment trap mu be riprapped. 5. Silt Fences/barriers a. Type I Silt Fences i. Silt fences shall be inalled up-slope of e watercourse and wetland boundaries. ii. A trench 100 millimetres in wid and 100 millimetres in dep shall be excavated on e up-slope side of e fence. The silt fence mu be keyed into e subrate. iii. Excavated soil in e trench shall be backfilled and compacted over e silt fence. iv. All silt fences/barriers or parts ereof at are damaged shall be repaired immediately. v. Refer to Figure 5 for proper inallation and conruction of a silt fence.

12 Figure 5Figure 5 - Silt fence conruction b. Straw Bale Barrier i. An excavated trench 10 cm deep and e wid of e raw bale mu be created for e bales. Excavated soil should be compacted again e upslope side of e bale as shown in e diagram below. ii. Bales mu be bound wi wire or ring and be placed lengwise in e trench. iii. Bales mu be secured by driving 2 urdy wooden or eel akes rough each bale, deep enough into e subrate to anchor em securely. iv. Loose raw mu be wedged between any cracks or oer openings. v. Bale barriers at are damaged shall be repaired immediately. vi. Refer to Figure 4 for proper inallation and conruction of a raw bale barrier. 6. Re-vegetation a. Seeding i. Seeding mu be carried out as soon as possible or wiin 24 hours of completing surface preparation. ii. Seeding shall be completed on topsoil. iii. On eep areas, such as road side slopes, e seed mu be covered wi mulch or an erosion control mat to ensure at e seed remains in place during its germination period. b. Mulching i. Hay or raw mulch mu be applied uniformly as soon as possible or wiin or wiin 24 hours of completing surface preparation. ii. Mulch mu not be so wet, decayed or compacted at it inhibits even and uniform spreading. iii. Mulch shall be applied at a rate as such at e ground is 100% covered and repaired/ re-mulched as required, until e area has abilized.

13 iv. Where e mulch is at risk of being blown or washed away, e mulch mu be crimped into e surface. 7. Soil Stabilization Blankets (i.e. jute mats, burlap & woven raw blankets) a. Stabilization blankets mu be apled securely to e soil. b. Stabilization blankets mu not be retched. c. In ditches or channels, e blankets shall be laid out in e direction of flow. On eep slopes, e mat shall be laid out wi its leng extending from e top to e bottom of e slope. d. Stabilization blankets mu be inspected regularly and repaired as required until e area has abilized.