Pipeline Associated Watercourse Crossings Fish and Fish Habitat Impacts Assessment Tool 5th Edition

Transcription

1 Pipeline Associated Watercourse Crossings Fish and Fish Habitat Impacts Assessment Tool 5th Edition Prepared for: Canadian Energy Pipeline Association (CEPA), Canadian Association of Petroleum Producers (CAPP), and Canadian Gas Association (CGA) Prepared by: Stantec Consulting Ltd.

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3 Table of Contents ABBREVIATIONS... V GLOSSARY... VII 1.0 INTRODUCTION Fisheries Act Serious Harm to Fish Species at Risk Act The Prohibitions of the Species at Risk Act Permitting under the Species at Risk Act Overlap Between the Fisheries Act and the Species at Risk Act NEB Regulated Pipeline Projects Assessment Process FFHIAT Manual Contents APPROACH Development Science / Evidence-Based Support Overview Route Selection and Watercourse Crossing Identification CRA Fishery Species At Risk Act (SARA) Schedule 1 Species Presence Pipeline Crossing Methods Temporary Vehicle Crossing Methods Secondary Assessment WATERCOURSE CROSSING METHODS Pipeline Crossings Trenchless Trench Methods Mixed Methods Temporary Vehicle Crossings Clear-Span Bridge Non Clear-Span Bridge Ice Bridge and Snow Fill Culvert Log Fill i

4 3.2.6 Fording POTENTIAL EFFECTS EFFECT PATHWAYS AND POTENTIAL EFFECTS Vegetation Clearing Summary PoE Flow Diagram Riparian Planting Summary PoE Flow Diagram Grading Summary PoE Flow Diagram Excavation (Land Based) Summary PoE Flow Diagram Use of Explosives Summary PoE Flow Diagram Use of Industrial Equipment Summary PoE Flow Diagram Placement of Materials or Structures in Water Summary PoE Flow Diagram Dredging (Instream Excavation) Summary PoE Flow Diagram Structure Removal Summary PoE Flow Diagram Water Extraction Summary PoE Flow Diagram Fish Passage Issues Summary PoE Flow Diagram Change in Timing, Duration and Frequency of Flow ii

5 Summary PoE Flow Diagram CROSSING MITIGATION MEASURES General Construction Measures Timing Operation of Machinery Erosion and Sediment Control Maintenance and Reclamation Use of Explosives Riparian Vegetation Removal Pipeline Crossings Trenchless Method Trench Method Mixed Method Temporary Vehicle Crossings Bridge Crossings Ice Bridge & Snow Fills Culvert Log Fill Ford GUIDANCE FOR THE ASSESSMENT OF SERIOUS HARM AND PROHIBITED EFFECTS TO LISTED AQUATIC SPECIES AT RISK SARA Schedule 1 Species Change in Sediment Concentration Change in Habitat Structure and Cover Change in Food and Nutrient Concentrations Direct Mortality Change in Temperature Change in Access to Habitat Baseflow and Hydrodynamics Change in Contaminant Concentrations REFERENCES iii

6 LIST OF TABLES Table 3-1 Table 4-1 Table 5-1 Table 6-1 LIST OF FIGURES Summary of Watercourse Crossing Methods and their Potential to Result in Serious Harm to Fish Summary of PoE Endpoints, Most Likely Mechanisms, and Potential Source of Serious Harm to Fish or Prohibited Effects on Listed Aquatic Species at Risk Applicability of the Pathways of Effects (PoE) to Typical Pipeline and Associated Construction Works Mitigation Measures to Avoid Serious Harm To Fish And Prohibited Effects On Species At Risk Breakpoint Linkages to DFO s Pathways of Effects (PoE) Figure 1 Overlap between the Fisheries Act and SARA (provided by DFO) Figure 2 DFO-NEB MOU Fisheries Act Authorization and SARA Permit Process Figure 3 Overview of Assessment Process Figure 4 Decision Pathway for Pipeline Crossing Methods Figure 5 Decision Pathway for Temporary Vehicle Crossing Methods Figure 6 Decision Pathway for Secondary Assessment Figure 7 Considerations for the Assessment of Serious Harm to Fish (taken from DFO 2013) Figure 8 Sample Blasting Arrangement (DFO 2016); Per Fig. 1: 20 kg total weight of charge; 25 msecs delay between charges and blast holes; and decking of charges within holes iv

7 Abbreviations CGA CAPP CEPA COSEWIC CRA DFO FFHIAT HDD HPB HWM PAWC PoE SARA SOMC Canadian Gas Association Canadian Association of Petroleum Producers Canadian Energy Pipeline Association Committee on the Status of Endangered Wildlife in Canada commercial, recreational, and Aboriginal Fisheries and Oceans Canada Fish and Fish Habitat Impact Assessment Tool horizontal directional drill horizontal punch and bore high water mark Pipeline Associated Watercourse Crossing Pathways of Effects Species at Risk Act Species of Management Concern v

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9 Glossary Aboriginal (in relation to a fishery) Action Plan Listed aquatic species at risk commercial, in relation to a fishery contribution (of relevant fish) critical habitat destruction of fish habitat 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. a document prepared in accordance with subsection 50(3) of SARA and posted on the SARA Public Registry that identifies the critical habitat of the species, provides examples of activities likely to destroy critical habitat, provides a statement of measures to be taken to implement the recovery strategy and protect critical habitat, and evaluates socio-economic costs and benefits to its implementation. a fish, as defined in Section 2 of the Fisheries Act, or a marine plant, as defined in Section 47 of that Act that is listed on Schedule 1 of SARA as threatened, endangered, or extirpated. fish is harvested under the authority of a licence for the purpose of sale, trade or barter. the role of the relevant fish or fish habitat in the overall productivity of a commercial, recreational or Aboriginal fishery that could be affected by a given project-related activity. habitat that is necessary for the survival or recovery of a SARA Schedule 1 listed species and that is identified as the species critical habitat in the recovery strategy or in an action plan for the species. an elimination of habitat of a spatial scale, duration, and intensity that fish can no longer rely upon such habitats for use as spawning grounds, or as nursery, rearing or food supply areas, or as a migration corridor, or any other area in order to carry out one or more of their life processes. vii

10 death of fish endangered species extirpated species fish fish habitat fish that are part of fish that support fishery death of fish can be a single fish mortality or multiple individuals depending on potential effects to the fish population; however, guidance has not been developed on the scale of fish mortalities that would result in serious harm to fish. an aquatic species that is facing imminent extirpation or extinction. an aquatic species that no longer exists in the wild in Canada, but exists elsewhere in the wild. includes (a) parts of fish, (b) shellfish, crustaceans, marine animals and any parts of shellfish, crustaceans or marine animals, and (c) the eggs, sperm, spawn, larvae, spat and juvenile stages of fish, shellfish, crustaceans and marine animals. spawning grounds and any other areas, including nursery, rearing, food supply and migration areas, on which fish depend directly or indirectly in order to carry out their life processes. fish that may be fished as part of a commercial, recreational or Aboriginal fishery. fish that contribute to the productivity of a commercial, recreational or Aboriginal fishery. The term fish under the Fisheries Act can be prey items (fish or invertebrates) directly supporting a CRA fishery or prey items which support species which are prey to CRA fish species. includes the area, locality, place or station in or on which a pound, seine, net, weir or other fishing appliance is used, set, placed or located, and the area, tract or stretch of water in or from which fish may be taken by the said pound, seine, net, weir or other fishing appliance, and also the pound, seine, net, weir, or other fishing appliance used in connection therewith. viii

11 frac-out freshet geohazards assessment high water mark inspector mitigation obstruction ongoing productivity the inadvertent seepage of drilling mud onto the ground or into surface waters through fractures in the subsurface. Frac-outs can occur when using pipeline crossing methods with a pressurized mud system (e.g., horizontal directional drilling (HDD)). commonly used to describe the thaw and melt of snow and ice in watercourse. an assessment of the natural forces including those related to slopes (erosion, gullying, landslides) and rivers (scour, bank stability, pool migration) that can expose and/or damage a pipeline or the right-of-way the usual or average level to which a body of water rises at its highest point and remains for sufficient time so as to leave a mark on the land a fishery officer or a prescribed authority. measures to reduce the spatial scale, duration, or intensity of adverse effects to fish and fish habitat that cannot be completely avoided. any slide, dam or other thing impeding wholly or partially the free passage of fish. the potential sustained yield of all fish populations and their habitat that are part of or support commercial, recreational and Aboriginal fisheries. Yield is a function of fish production. Production rate is the growth in population biomass per unit area per unit time. Determined by vital rates & life history characteristics. ix

12 pathways of effects: permanent alteration to fish habitat pipeline activities Pathways of Effects were developed by Fisheries and Oceans Canada as a tool to communicate potential effects of project-related activities on fish and fish habitat. Represented in diagrams, they describe the type of cause-effect relationships that are known to exist and the mechanisms by which stressors ultimately lead to effects in the aquatic environment for a range of activities. Each cause-and-effect relationship is represented as a line, known as a pathway, connecting the activity to a potential stressor, and a stressor to some ultimate effect on fish and fish habitat. Each pathway represents an area where avoidance and mitigation measures can be applied to reduce or eliminate a potential effect. an alteration of fish habitat of a spatial scale, duration and intensity that limits or diminishes the ability of fish to use such habitats as spawning grounds, or as nursery, rearing, or food supply areas, or as a migration corridor, or any other area in order to carry out one or more of their life processes. Permanent therefore does not necessarily mean the alteration is forever. Depending on the fish use of a habitat the duration of the permanent alteration of fish habitat may be a period of week, months or longer. New: pipeline projects or activities related to the construction and installation of pipelines and associated temporary vehicle crossings that were not previously completed or in-place. Existing: pipeline projects or activities related to the maintenance, repair, removal, or abandonment inplace of pipelines and associated temporary vehicle crossings that were previously completed and are inplace x

13 pipeline crossing methods Trenchless: involves no direct excavation of the trench through the banks and bed of a watercourse or water body; includes HDD, direct pipe, and horizontal punch and bore (HPB). Dry or Frozen to the Bottom Trench: involves the direct excavation of the trench through the banks and bed of a watercourse or water body, using a similar approach as for land-based trenching. Isolated Trench: involves the direct excavation of the trench through the banks and bed of a watercourse or water body and isolating the instream work area from flowing water while maintaining downstream flow through water diversion; includes flume, dam and pump, coffer dam, aqua dam, and diversion channel. Non-Isolated Trench: involves the direct excavation of the trench through the banks and bed of a watercourse or water body, where the instream work area is not isolated from flowing water during construction; includes similar approaches as for land-based trenching or a Sauerman or Skyline (i.e., dragline dredging system). prohibited effects to listed aquatic species at risk qualified environmental professional Recovery Strategy effects that result in a contravention of the prohibitions of SARA (i.e. Sections 32, 33 or Subsection 58(1) of SARA). individuals who are able to advise on how to proceed with a project or activity while protecting fish and fish habitat by providing technical advice on appropriate project design and measures to avoid and or reduce impacts; professionals who provide this type of support are often referred to as a: natural resource consultant, environment consultant, aquatic biologist or a fisheries biologist. a document prepared in accordance with subsection 43(2) of SARA and posted on the SARA Public Registry that identifies the threats to the species, identifies critical habitat of the species (if known), provides examples of activities likely to destroy critical habitat, and sets population and distribution objectives for the recovery of the species.. xi

14 recreational (in relation to a fishery) relevant fish residual effect right-of-way (ROW) riparian area secondary assessment serious harm to fish Species At Risk Species of Management Concern (SOMC) fish is harvested under the authority of a licence for personal use of the fish or for sport. all fish that are involved (either as part of the fishery or in a supporting role) in a commercial, recreational or Aboriginal fishery, and that could be affected by a given project-related activity. effect that remains after the implementation of mitigation measures. defined area within which pipeline installation works occur. the areas bordering on streams, lakes, and wetlands that link water to land. The blend of streambed, water, trees, shrubs and grasses directly influences and provides fish habitat. detailed assessment of the likelihood of serious harm to fish and prohibited effects to listed aquatic species at risk of watercourse crossings with crossing methods that cannot avoid instream work during flowing conditions. A secondary assessment should be completed by qualified environmental professionals. the death of fish or any permanent alteration to, or destruction of, fish habitat that affect the sustainability and productivity of a CRA fishery. Specific definitions for these terms are provided in this glossary, above. The determination of serious harm to fish is sometimes straight forward as spawning activities are disrupted or prevented, while at other times it is based on professional judgment. species listed on Schedule1 of the Species at Risk Act (SARA) as endangered, threatened or extirpated fish species that is listed and protected under provincial legislation, designated by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC), or ranked under other regional or provincial body (e.g., General Status of Alberta Wild Species). xii

15 Species of special concern standard measures and mitigations sustainability temporary vehicle crossing methods an aquatic species that may become a threatened or an endangered species because of a combination of biological characteristics and identified threats. Listed in schedule 1 of the federal Species at Risk Act. refers to those measures and mitigations outlined in Section 6 of this document, DFO s Measures to avoid causing harm to fish and fish habitat including aquatic species at risk, as well as those measures and best management practices accepted and employed in the jurisdiction that the crossing will occur; these jurisdictions can include provincial best management practices, such as Alberta Transportation s Guidelines and Procedures for Watercourse Crossings in Alberta, Ontario s Ministry of Transportation Environmental Guide for Fish and Fish Habitat, as well as those adapted from DFO s previous provincial operational statements. achieving a balance between the carrying out of current day activities while allowing for future generations of people to meet their needs related to fisheries Clear-Span Bridge: structure, including approaches, abutments, footings, and armoring, that completely spans a watercourse or water body and is built entirely above the high water mark (HWM). Ice Bridge & Snow Fill: Ice bridges are constructed on watercourses or water bodies that have sufficient ice cover, as well as stream flow and water depth beneath the ice, to prevent disturbance to the stream bed or restrict water movement beneath the ice; these are constructed by flooding the ice surface to build up to the required ice thickness. Snow fills are used in channels that are dry or frozen to bed and are constructed by filling the channel with clean compacted snow or pilling snow on top of the ice; however, they may also be used on watercourses with sufficient ice cover. xiii

16 Non Clear-Span Bridge: structure similar to a clear-span bridge structure; however, one or multiple components, including approaches, abutments, footings/piles, and armoring are built or placed below the HWM. Culvert: cylinder or box shaped structure placed in the channel of a watercourse or water body that allows for the conveyance of water through itself; structure can be designed to allow fish passage. Log Fill: materials (logs, pipes, or other structures) placed in the channel and below the HWM of a watercourse or water body. Ford: temporary crossing of a watercourse or water body that will be used for multiple fording events by construction machinery; may include the use of swamp mats or ramps, if placed directly in the channel. temporary watercourse threatened species timing windows water body watercourse an intermittent or ephemeral watercourse which only flows during a part of a season. These watercourses may or may not be fish habitat. If fish habitat it is only for the portion of the season in which they flow. an aquatic species that is likely to become an endangered species if nothing is done to reverse the factors leading to its extirpation or extinction period of time identified to protect fish during sensitive periods (e.g., including their eggs, rearing juveniles, spawning adults, overwintering and/or the organisms upon which they feed). Timing windows may vary by province, species or watercourse. over-arching term for a location where water is present, or present seasonally; for the purposes of this document, a water body includes non-flowing features, such a wetland, pond, or lake, that are not considered a watercourse, defined below. a flowing water body, such as a river, stream, or creek, as well as watercourses that may be ephemeral, intermittent, temporary or seasonal in nature. xiv

17 Introduction 1.0 INTRODUCTION The Pipeline Associated Watercourse Crossings (PAWC) is a guidance document developed by the Canadian Energy Pipeline Association (CEPA), along with its partners the Canadian Gas Association (CGA) and the Canadian Association of Petroleum Producers (CAPP). This document outlines the present regulatory framework under which pipeline associated watercourse crossings are assessed and constructed in Canada. In addition, it suggests measures to assist pipeline companies, governing agencies and contractors during the planning, construction, operation and maintenance of pipeline associated watercourse crossings. The development of this document is seen as a means to promote a consistent approach to pipeline associated watercourse crossings activities throughout Canada and to aid in developing a common understanding among industry, government and other stakeholders. This is the fifth edition of the PAWC. The first version of the PAWC was developed in the early 1990s and included a wide range of stakeholders in its development. It was based on the operational statements and best practices of the day. The guideline was updated about every five years to reflect changes in regulations and technology. A 4th Edition was developed; however, it was not released due to amendments made to the Fisheries Act; a Memorandum of Understanding (MOU) signed between Fisheries and Oceans Canada (DFO) and the National Energy Board (NEB) in the fall of 2013; and the move by DFO towards implementing a one-window approach to reviewing submissions under the Fisheries Act and the Species at Risk Act (SARA), as they pertain to fish and fish habitat, including listed aquatic species at risk, any part of their critical habitat or the residences of their individuals. The amended Fisheries Act, the MOU between DFO and the NEB, and the one-window-approach for the integrated regulatory reviews under the Fisheries Act and SARA of works, undertakings or activities taking place in or near water have implications to the pipeline industry. Currently, much of the works associated with pipeline projects are not included in DFO s assessment criteria ( However, DFO will recognize and support the use of industry-developed guidelines that provide clarity and certainty to proponents, while maintaining the sustainability and ongoing productivity of commercial, recreational, and Aboriginal (CRA) fisheries (DFO 2013b). Therefore, CEPA, CAPP, and CGA have updated the PAWC document to a new 5th Edition. This document outlines key amendments in the Fisheries Act and provides guidance on the interpretation and application of the Act and policy to the pipeline industry. This document also provides guidance on the MOU between DFO and the NEB for federally regulated pipelines. Finally, this document outlines the requirements of SARA and its prohibitions, as they pertain to listed aquatic species at risk. 1.1

18 Introduction A new component being developed for the PAWC 5th Edition is the Fish and Fish Habitat Impact Assessment Tool (FFHIAT). The FFHIAT is a Canada-wide Fisheries Act and SARA guidance framework to assess the likelihood for pipeline and associated temporary vehicle watercourse crossings to cause serious harm to fish or affect listed aquatic species in a way that is prohibited under SARA, as it relates to fish and fish habitat, including listed aquatic species at risk, any part of their critical habitat or the residences of their individuals. The FFHIAT also includes the opportunity to refine mitigation measures to avoid serious harm to fish or prohibited on listed aquatic species at risk. In circumstances where serious harm to fish or prohibited effects on listed aquatic species at risk cannot be avoided, the assessment process in the FFHIAT identifies information needs required in the request for DFO s Authorization either under the Fisheries Act, SARA or both. If the proponent is unsure if project-related activities avoid serious harm to fish or prohibited on listed aquatic species at risk, the FFHIAT identifies which project-related activities should be submitted for review to DFO. In the case of federally regulated pipelines, the NEB conducts site-specific reviews of any works, undertakings or activities that do not meet DFO s criteria to avoid causing harm to fish and fish habitat including aquatic species at risk. The FFHIAT was developed by Stantec in collaboration with CEPA, CAPP, CGA, industry, DFO, and the NEB. Consultations and input was also obtained from conservation groups, subject matter experts, and provincial regulators. It should be noted that the assessment process neither removes a proponent s responsibility to comply with the acts, nor DFO s ability to review project-related activities or apply enforcement options when there is noncompliance with the acts.! This document details the FFHIAT to assess the likelihood for pipeline and associated temporary vehicle watercourse crossings to cause serious harm to fish or prohibited effects on listed aquatic species at risk and determine when to submit for review. The FFHIAT is developed to meet the fisheries protection provisions of the Fisheries Act, related policies, and DFO operating procedures such as the Request for Review submission procedure. It has also been developed to provide guidance on SARA and its prohibitions, as they pertain to listed aquatic species at risk. The FFHIAT has taken a simplified approach to conducting assessments. The FFHIAT is designed to identify for further assessment watercourse crossings which are likely to cause serious harm to fish or prohibited effects on listed aquatic species at risk, while avoiding further assessment of watercourse crossings where these impacts would be unlikely to occur. This is particularly important for pipeline projects involving hundreds of watercourse crossings where the application of proper avoidance and mitigation measures will avoid causing serious harm to fish or prohibited effects on listed aquatic species at risk. Use of the FFHIAT will reduce the number of watercourse crossings requiring submission for review and will provide for a more effective and efficient regulatory process, while still 1.2

19 Introduction protecting the productivity and ongoing sustainability of CRA fisheries and protecting listed aquatic species at risk. 1.1 FISHERIES ACT Revisions to Section 35 of the federal Fisheries Act ( the Act ) came into effect on November 25, A Fisheries Protection Policy ( October 2013) outlines the new goals, objectives, and principles behind the changes to the Fisheries Act and replaces the previous Policy for the Management of Fish Habitat (1986). The Act includes a prohibition against causing serious harm to fish that are part of or support a CRA fishery (Section 35), provisions for flow and passage (Sections 20 and 21), and a framework for regulatory decision-making (Sections 6 and 6.1). The Act includes provisions that enable enhanced protection of CRA fisheries and provides additional fisheries protection by providing new authorities to the Minister to address aquatic invasive species. The Act also provides for the designation of ecologically significant areas for fish. Provisions that enable enhanced protection of CRA fisheries include: Aligning the Fisheries Act with the Environmental Enforcement Act, along with increased fines and penalties for offences; Creating more easily enforceable conditions for Ministerial authorizations; Modernized inspector powers to assist them in ensuring compliance with Section 35; Establishing a duty to notify provision to institute obligations on persons whose actions result or have a serious and imminent danger to result in serious harm to fish habitat or in deposit of a deleterious substance in water frequented by fish to report and to take corrective measures. Finally, the Act has enabled the creation and/or enhancement of partnerships to ensure agencies and organizations that are best placed to provide fisheries protection services are enabled to do so. Regulatory partnerships have been established with the NEB, Canadian Nuclear Security Commission, as well as the provincial governments in New Brunswick, Nova Scotia, and Prince Edward Island. These partnerships with federal and provincial agencies allow them to conduct an initial review of project-related activities under their respective jurisdictions to determine if project-related activities require advice or DFO review under the fisheries protection provisions of the Fisheries Act and SARA. 1.3

20 Introduction Serious Harm to Fish The Fisheries Act includes the fisheries protection prohibition (Subsection 35 (1)) against causing serious harm to fish, unless the project-related activity is authorized to do so by the Minister of Fisheries and Oceans or through regulations. This prohibition applies to fish and fish habitat that are part of or support CRA fisheries. DFO (DFO 2013a) interprets serious harm to fish as: the death of fish; a permanent alteration to fish habitat of a spatial scale, duration or intensity that limits or diminishes the ability of fish to use such habitats as spawning grounds, or as nursery, rearing, or food supply areas, or as a migration corridor, or any other area in order to carry out one or more of their life processes; the destruction of fish habitat of a spatial scale, duration, or intensity that fish can no longer rely upon such habitats for use as spawning grounds, or as nursery, rearing, or food supply areas, or as a migration corridor, or any other area in order to carry out one or more of their life processes. Subsection 35 (1) of the amended Fisheries Act states that no person shall carry on any work, undertaking or activity that results in serious harm to fish that are part of a commercial, recreational or Aboriginal fishery, or to fish that support such a fishery. The Fisheries Act includes sections that require the provision of sufficient water and unimpeded passage for fish (Sections 20 and 21). In summary, these provisions: allow the Minister to request studies and evaluations related to obstructions or other things that may be hindering fish passage or harming fish; allow the Minister to request: the removal of or modifications to obstructions or things that are harmful to fish or impede flow or fish passage; the installation of fish-ways, screens and guards; or that sufficient water flow be provided for fish passage; or prohibit the damage or removal of fish-guards, fish-ways, and screens. Projects that have the potential to obstruct fish passage, modify flow or result in the entrainment of fish may also cause serious harm to fish or prohibited effects to listed aquatic species at risk. The FFHIAT can be used to assess the likelihood of serious harm to fish for compliance with Sections 20, 21, and 35 of the Fisheries Act.! Subsection 2(2) of the Fisheries Act interprets serious harm to fish as the death of fish or any permanent alteration to, or destruction of, fish habitat. 1.4

21 Introduction It is not the proponent s responsibility to determine whether the work, undertaking or activity will result in serious harm to fish, only whether it is likely that serious harm to fish will occur. It is the responsibility of DFO to make the determination that serious harm to fish will occur. The likelihood for serious harm to fish is determined by baseline assessments conducted for any given crossing, scientific, government and gray literature, and professional judgment by a Qualified Environmental Professional (QEP). 1.2 SPECIES AT RISK ACT The Minister of Fisheries and Oceans is responsible for the administration and enforcement of SARA with respect to listed aquatic species at risk except for those located in or on federal lands administered by the Parks Canada Agency. The purposes of SARA are to prevent Canadian wildlife species from becoming extirpated or extinct, to provide for the recovery of endangered or threatened species, and encourage the management of other species to prevent them from becoming at risk. To achieve this mandate, SARA has a recovery planning process and provides prohibitions to protect species, the residences of their individuals, and any part of their critical habitat The Prohibitions of the Species at Risk Act SARA prohibitions apply to species listed as endangered, threatened or extirpated on Schedule 1 of the Act in Canada. The SARA prohibitions do not apply to species designated as special concerns. DFO is responsible for the protection of listed aquatic species at risk, their residences, and their critical habitat, as well as to provide for their recovery. DFO s responsibility extends wherever listed aquatic species at risk are found in Canada, except in areas administered by the Parks Canada Agency. Section 2 of SARA defines aquatic species as a wildlife species that is a fish, as defined in Section 2 of the Fisheries Act, or a marine plant, as defined in Section 47 of the Fisheries Act. SARA provides regulatory protection and includes prohibitions against the killing, harming, harassment, capture, or taking of species listed in Schedule 1 as extirpated, endangered, or threatened (Section 32 of SARA). Electrofishing, fish salvage, shellfish relocation activities, entrainment or impingement of listed aquatic species at risk are all examples of activities contravening Section 32 of SARA and therefore require a permit. 1.5

22 Introduction The damage and destruction of residence are prohibited under Section 33 of the Act. A residence means a dwelling-place, such as a den, nest or other similar area or place, that is occupied or habitually occupied by one or more individuals during all or part of their life cycles, including breeding, rearing, staging, wintering, feeding or hibernating. The existence of a residence indicates that the species at risk has invested in a specific structure necessary in order to carry out certain life-cycle processes. Any damage or destruction of this structure would have an impact on the fitness of individual(s) of the species. Not all species at risk have residences; but when it is the case, a Residence Statement will clearly identify what is considered a residence for the species in question, and will be included in the recovery strategy or posted on the SARA Public Registry as a stand-alone document. Finally, SARA also prohibits the destruction of any part of critical habitat of listed aquatic species under Subsection 58(1). Critical habitat is the habitat necessary for survival or recovery of the species and is identified in the recovery strategy or action plan, indicating its geographic and biophysical components Permitting under the Species at Risk Act The Minister of Fisheries and Oceans Canada can authorize, through a SARA permit, an activity that would otherwise violate the SARA prohibitions with the flexibility afforded in Section 73 of SARA. Furthermore, Section 74 states that an authorization issued by the Minister under another Act of Parliament has the same effect as SARA permit which means that a Paragraph 35(2)(b) Fisheries Act Authorization can also act as a SARA permit. However, certain conditions must be met prior to the issuance of a SARA permit or a Fisheries Act authorization acting as a SARA permit. The Minister must be of the opinion that the purpose of the activity (Subsection 73(2)): is scientific research relating to the conservation of the species and conducted by qualified persons; the activity benefits the species or is required to enhance its chance of survival in the wild; or affecting the species is incidental to the carrying out of the activity. As well, the Minister must be of the opinion that (Subsection 73(3)): all reasonable alternatives to the activity that would reduce the impact on the species have been considered and the best solution has been adopted; all feasible measures will be taken to minimize the impact of the activity on the species or its critical habitat or the residences of its individuals; and the activity will not jeopardize the survival or recovery of the species. 1.6

23 Introduction Additionally, Subsections 73(4) and (5) of SARA require that DFO consult with wildlife management boards or Indian bands if the activity affects species found in land claim settlement areas or reserves prior to permit issuance. Once a decision to issue a SARA permit is made, the permit is drafted with all terms and conditions necessary for protecting the species, any part of its critical habitat or the residences of its individuals (Subsections 73(6) and 75(1)). It will also have an expiry date which will cover the period necessary to complete the activity (Subsection 73(6.1)). Finally, every time a permit is issued, an explanation of the permit issuance rationale is posted on the SARA Public Registry (ss. 73 (3.1)). 1.3 OVERLAP BETWEEN THE FISHERIES ACT AND THE SPECIES AT RISK ACT Listed aquatic species at risk are considered to be species of sensitive nature and their recovery is one of the top priority fishery management objectives for DFO. As seen in the previous sections of this document, they are protected under both the Fisheries Act and SARA. Figure 1 below, illustrates the overlap between the fisheries protection provisions (Subsection 35(1)) of the Fisheries Act and the prohibitions under SARA: The death of most aquatic listed species at risk, destruction of their critical habitat and damage or destruction of their residence is prohibited by both subsection 35(1) of the Fisheries Act and SARA; Harm, harassment, capture or take of an aquatic species at risk (not resulting in mortality), otherwise known as the sub-lethal effects to aquatic species at risk, is prohibited only by SARA and not subsection 35(1) of the Fisheries Act; Serious harm to commercial, recreational or Aboriginal fish, or fish that supports them, not listed as aquatic species at risk on Schedule 1 of SARA is prohibited under subsection 35(1) of the Fisheries Act alone. 1.7

24 Introduction Figure 1 Overlap between the Fisheries Act and SARA (provided by DFO)! An online public registry for SARA has been established ( This registry provides information and documents including status reports, species assessments, response statements, recovery strategies, action plans, and management plans. Additional information related to SARA listed aquatic species, their critical habitat and residence as well as when to seek a formal project review under SARA can be found on the DFO Projects Near Water website ( Maps that display the distribution of listed aquatic species at risk and their critical habitat are also found on this website. 1.8

25 Introduction 1.4 NEB REGULATED PIPELINE PROJECTS The NEB and DFO have entered into a MOU regarding fish and fish habitat. Through this MOU, the NEB is now responsible for assessing potential impacts to fish and fish habitat from proposed NEB regulated pipeline and power line applications. Applications submitted to the NEB are reviewed under the Fisheries Protection Provisions of the Fisheries Act to determine if serious harm to fish is likely to result from the works, undertakings or activity, and if an authorization is likely to be required under the Fisheries Act. The NEB is also responsible to determine if proposed projects is likely to result in prohibited effects on listed aquatic species at risk and may require permitting under SARA. If the NEB determines than an authorization or permit is required, DFO is notified and is responsible for issuing the authorization or permit.! The intent of this MOU is to better integrate the Government of Canada s initiative to streamline application processes by eliminating the requirement for duplicate reviews. The NEB requires proponents to identify if the proposed instream works meets the criteria where DFO review is not required and incorporates the relevant measures to avoid harm to fish and fish habitat including aquatic species at risk identified on DFO s Projects Near Water website. If the proponent indicates that the criteria where DFO review is not required is met and the measures to avoid harm to fish and fish habitat including aquatic species at risk can be followed and commits to their implementation, then no further information is required. If the proposed instream works cannot meet the criteria where DFO review is not required or the measures to avoid harm to fish and fish habitat including aquatic species at risk cannot be implemented, the NEB requires the proponent to submit to the NEB an assessment of serious harm to fish and prohibited effects to listed aquatic species at risk, as well as any supplemental information that a proponent has used to complete the assessment. This includes: Finalized crossing designs; Photographs of the proposed instream works location; A detailed fish and fish habitat study (including information on the listed aquatic species at risk, the critical habitat or the residence of its individuals to be affected by the projects); Site-specific mitigation; Reclamation plans; and A discussion of the potential residual serious harm to fish (i.e., death of fish, permanent alteration of fish habitat, and destruction of fish habitat), and the localized effects to fish and fish habitat resulting from the potential residual serious harm. 1.9

26 Introduction The NEB will conduct a site-specific review of any instream works, using the filed information, to verify the results of the proponent s assessment for serious harm to fish and prohibited effects to listed aquatic species at risk. The NEB would then refer to DFO any instream activities that may likely result in serious harm to fish and/or prohibited effects to listed aquatic species at risk which may require an authorization under paragraph 35(2)(b) of the Fisheries Act or a permit under SARA. The referral would be in the form of a formal notification from the NEB to DFO and the proponent. The authorization process is summarized in Figure 2. Figure 2 DFO-NEB MOU Fisheries Act Authorization and SARA Permit Process 1.10

27 Introduction 1.5 ASSESSMENT PROCESS DFO s online ( assessment process outlines criteria to determine whether a project-related activity requires a review by DFO related to the Fisheries Act, SARA, or both. The guidance materials clearly state that if a project-related activity does not meet the criteria and, therefore, could result in serious harm to fish or prohibited effects to listed aquatic species at risk, it must be submitted for review. The assessment process also links to standard measures and mitigation to avoid causing serious harm to fish ( that must be incorporated into the project design, once it has been determined that it meets the criteria where DFO review is not required. Similarly, the process described in this document is intended to allow proponents and QEPs to assess their impacts and determine if a review by DFO or the NEB is required. If a proponent is unsure about whether their project-related activities could result in serious harm to fish or prohibited effects to listed aquatic species at risk and requires crossing-specific review, they should seek advice from a QEP (DFO 2016). Local QEPs can contribute region- and site-specific knowledge and expertise, as well as technical and quality review, to provide a non-biased and scientifically-based assessment. It should be noted that the assessment process neither removes a proponent s responsibility to comply with the the Fisheries Act or SARA, nor DFO s ability to review project activities or apply enforcement options when there is non-compliance with the Acts.! Although it s recommended that proponents conduct an assessment to determine if a review is required, proponents can submit a request for review if they are unsure as to whether their proposed activities will cause serious harm to fish or prohibited effects to listed aquatic species at risk. 1.11

28 PIPELINE ASSOCIATED WATERCOURSE CROSSINGS FISH AND FISH HABITAT IMPACT ASSESSMENT TOOL 5TH EDITION Introduction 1.6 FFHIAT MANUAL CONTENTS The contents of the FFHIAT Manual are organized to provide a logical flow of information that follows the assessment process in the associated online tool. In addition to this introduction, the contents of this document are organized as follows: 1.12

29 Approach 2.0 APPROACH 2.1 DEVELOPMENT The FFHIAT is designed to align with protection measures under the SARA for aquatic species at risk and the guiding principles of DFO s Fisheries Protection Policy Statement (2013a) to meet the goal and the objectives of this policy statement, including: Avoid harm: Whenever possible, the Department s preference is to maintain the productivity of Canada s fisheries by avoiding impacts to fish and fish habitat. The FFHIAT includes avoidance measures at watercourse crossings to avoid causing serious harm to fish and prohibited effects to aquatic species at risk. Promote sound decision-making: In making regulatory decisions, the Department will be informed by the best available science, technical information, and traditional knowledge. The FFHIAT s design incorporates recent science and available literature, and promotes the use of traditional knowledge, where available, for sound decision-making with respect to fisheries protection. Enable best-placed delivery: Other entities across Canada may be well-placed to achieve and deliver the objectives of the fisheries protection provisions. The Department will thus seek to collaborate with partners who have the knowledge, capacity and interest in fisheries conservation and protection when these align with the Department s mandate, priorities and objectives. The FFHIAT was designed with Canada-wide collaboration with CEPA, CAPP, CGA, industry, conservation groups, subject matter experts, as well as feedback from federal and provincial regulators. Employ a standards-based approach: The Department will develop and support the use of standards that provide clarity and certainty to proponents while maintaining the sustainability and ongoing productivity of Canada s fisheries. The FFHIAT is designed to provide a standards-based approach and address considerations for proponents with project-related activities that may cause serious harm to fish or prohibited effects on species at risk. Consider the ecosystem context: The consideration of cumulative effects on the state, resiliency, and natural biodiversity of the ecosystem will guide the Department in achieving the objectives of the Fisheries Protection Policy Statement. The FFHIAT does not replace Environment Assessment or Environmental Impact Assessment processes, which include an assessment of cumulative effects. However, the FFHIAT can function as a tool within larger environmental evaluation processes and facilitate the assessment of cumulative effects using the results of crossing-specific reviews, which can be compiled using the tool when multiple crossings occur along one watercourse or watershed. 2.1

30 Approach DFO s Fisheries Protection Policy Statement (2013) indicates that proponents of activities taking place in or near water that may result in serious harm to fish should consider the following: Understanding of potential impacts their projects may cause; Implementing measures to avoid and mitigate potential project-related impacts to the extent possible; Requesting an Authorization when it is not possible to avoid and mitigate projectrelated impacts that are likely to cause serious harm to fish. The FFHIAT is designed to guide proponents through these considerations to identify potential project-related effects and prescribe measures and mitigation to avoid causing serious harm to fish or prohibited effects to listed aquatic species at risk. Where serious harm to fish or prohibited effects to listed aquatic species at risk cannot be avoided or mitigated, the FFHIAT guides the proponent to submit for crossing-specific review or Authorization or SARA permit, as required. Under Section 6 of the Fisheries Act, there are four factors that are considered by DFO prior to making a decision on the application for authorization: The contribution of the relevant fish to the ongoing productivity of commercial, recreational or Aboriginal fisheries; Fisheries management objectives; Whether there are measures and standards to avoid, mitigate or offset serious harm to fish that are part of a commercial, recreational or Aboriginal fishery; The public interest. The FFHIAT is designed to consider these factors to align with DFO s Fisheries Protection Policy Statement (2013). 2.2

31 Approach 2.2 SCIENCE / EVIDENCE-BASED SUPPORT The FFHIAT is designed with a science/evidence-based approach grounded on available scientific literature and industry experience. The FFHIAT is designed to incorporate site-specific quantitative fish and fish habitat information (including about listed aquatic species at risk, their critical habitat and any residences) in the assessment process using regional data collection standards. Traditional knowledge can also be incorporated, where available. Finally, the FFHIAT functions as a tool within larger environmental evaluation processes (e.g., within an Environmental Assessment [EA]). Therefore, the FFHIAT applies a qualitative or semi-qualitative approach that, when used by qualified environmental professionals, results in a high-degree of confidence in the assessment.! The FFHIAT is designed to incorporate site-specific quantitative fish and fish habitat information (including listed aquatic species at risk, their critical habitat and any residences) collected using regional data collection standards, as well as traditional knowledge, where available, in the assessment process. The approach used in the FFHIAT is similar to that used in Coker et al. (2010); whereby the DFO Risk Management Framework (RMF) (2006) approach was used as a basis for building the list of generic mitigation measures. Habitat-related threats are then linked to the DFO Pathways of Effects (PoE) and each pathway link in the PoE diagrams was coded (e.g., 1-1, 1-2) and assigned a mitigation measure. The PoEs were developed by DFO as a tool to communicate potential effects of project-related activities on fish and fish habitat, while recognizing that they do not address fish mortality or harm/harassment of listed aquatic species at risk. Represented in diagrams, they describe the type of cause-effect relationships that are known to exist and the mechanisms by which stressors ultimately lead to effects in the aquatic environment for a range of activities. Each cause-and-effect relationship is represented as a line, known as a pathway, connecting the activity to a potential stressor, and a stressor to some ultimate effect on fish and fish habitat. Each pathway represents an area where avoidance and mitigation measures can be applied to reduce or eliminate a potential effect. 2.3

32 Approach The FFHIAT used DFO s Measures to avoid causing harm to fish and fish habitat including aquatic species at risk (DFO, 2016) as a basis to build the list of avoidance and mitigation measures in Section 6 of the FFHIAT. Regional guidance and best practice documents (e.g., Alberta s Codes of Practice,) were also reviewed and contributed to the development of this list; where measures could be applied at a national level. A semi-prescriptive approach was used to aid in determining if project-related activities are likely to cause serious harm to fish or prohibited effects to aquatic species at risk (see Section 7.0).! Avoidance and mitigation measures set for fish and fish habitat can also be effective for protecting critical habitat and residences of listed aquatic species at risk. However, the harm, harassment, taking or capture of listed aquatic species at risk that could occur, for example, during electrofishing work, fish salvage, shellfish relocation activities, entrainment or impingement require a SARA permit from DFO. DFO s PoE diagrams relevant to pipeline and associated water crossing activities were identified and used to indicate when and where mitigation measures should be applied to break the PoE; thereby, avoiding fish habitat related impacts. Each PoE is coded and assigned one or more mitigation measures (see Section 5.0). A literature review was completed to summarize this existing information on the potential effects to aquatic and riparian habitats, and aquatic organisms, from pipeline associated watercourse crossing activities. This knowledge was used to identify the potential effects from pipeline associated watercourse crossing activities, and support the avoidance and mitigation measures, and guidance provided in Section 5.0, 6.0 and 7.0. The majority of existing literature focuses on trench pipeline crossing methods (i.e., isolated and non-isolated open cut) and the potential effects from sedimentation; therefore, the science/evidence-based support is more robust for these methods and potential effects. Limitations and/or gaps in our knowledge and understanding, as well as opportunities for future research, were also identified. 2.4

33 Approach A strict quantitative approach was not used for the FFHIAT, as there is a lack of long-term scientific data specific to most watercourses or freshwater fish stocks in Canada; data which would be required to use a quantitative approach effectively. Challenges with a quantitative approach to risk assessments have been outlined by Porter and Mochnacz (2014), including reaching agreement among subject matter experts and proving model accuracy. Generally, quantitative approaches used in the past have substituted qualitative decisions with numeric values; this approach can lead to misleading conclusions on the confidence of a result. As such, efforts to-date continue to rely heavily on professional judgment and qualitative decisions from subject matter experts and qualified environmental professionals. To validate the science/evidence-based approach used to develop the FFHIAT, a separate document has been prepared and reviewed under DFO s Canadian Science Advisory Secretariat (CSAS) process. The CSAS process reviews the science in technical documents, guidelines, and policy by subject-matter experts; similar to a peer-review process for scientific journals. This separate document is included in Appendix A of the FFHIAT.! The CSAS review will validate the science and evidence based approach used to develop the FFHIAT. 2.3 OVERVIEW Works in and around water have the potential to affect fish and fish habitat, including listed aquatic species at risk. The FFHIAT is designed to complete a site-specific review to assess the likelihood for specific pipeline and associated temporary vehicle watercourse crossing methods to cause serious harm to fish or prohibited effects to listed aquatic species at risk. When used by qualified environmental professionals, it is an intuitive step-by-step process that incorporates a binary decision matrix to determine when crossing-specific review is required by DFO or other agencies that have established MOUs (e.g., NEB). The step-by step process is outlined in Figure 3, and described in more detail in Sections to

34 Approach The FFHIAT is designed for use on projects that include new and existing pipelines and associated temporary vehicle watercourse crossings. New crossings are those related to the construction and installation of pipelines and associated temporary vehicle crossings that were not previously completed or inplace. Existing crossings are those related to the maintenance, repair, removal, or abandonment in-place of pipelines and associated temporary vehicle crossings that were previously completed and are in-place. The pipeline and temporary vehicle watercourse crossing methods described in Section 3, as well as the guidance and criteria outlined in Section 7, of this manual (e.g., trenchless pipeline or clear-span temporary vehicle methods) apply equally to activities associated with new and existing pipelines and associated temporary vehicle crossings. For example, an isolation method can be used to install a new pipeline at a watercourse crossing in the same way that an isolation can be used to expose an existing pipeline for maintenance, repair, removal, or abandonment in-place. Therefore, the applicable DFO PoEs and measures and mitigations to break those PoEs are also applicable to both new and existing pipelines and associated temporary vehicle crossings. However, some maintenance activities that include engineering solutions related to scour issues (e.g., depth-of-pipe) have the potential to alter the substrate over the pipeline crossing location; these maintenance activities have the potential to result in a permanent alteration or loss of habitat. Therefore, these activities are not currently covered by the FFHIAT, and should be referred to DFO for review. 2.6

35 Approach Figure 3 Overview of Assessment Process The FFHIAT is currently not intended for use on projects with watercourse crossings not associated with pipelines (e.g., permanent road construction). The FFHIAT does not replace the Environmental Assessment (EA) process that may be required for larger pipeline projects; EA also includes items such as stakeholder consultation, assessment of cumulative effects that are part of the overall project and application process. The FFHIAT also does not include offsetting measures, as outlined in DFO s Fisheries Productivity Investment Policy: A Proponent s Guide to Offsetting (2013). However, the FFHIAT can be used for supporting information within an EA or offsetting plan when assessing the likelihood for project-related activities to cause serious harm to fish and/or prohibited effects to listed aquatic species at risk. 2.7

36 Approach When using the FFHIAT to select crossing methods and assess the likelihood of serious harm to fish and prohibited effects to listed aquatic species at risk, it is expected that contractors can complete the selected crossing methods and follow the standard measures and mitigation outlined in Section 5.0 and 6.0, and guidance outlined in Section 7.0. When considering crossing methods, the contractors ability to successfully complete the crossing method selected and avoid serious harm to fish and prohibited effects to listed aquatic species at risk should be considered during the assessment process. The use of experienced and qualified contractors will minimize the potential for unsuccessful crossings, accidents, and malfunctions. While the FFHIAT includes measures to mitigate accidents (e.g., spills or drilling mud release) and/or malfunctions (pump or equipment failure), these events may still occur during the installation of a watercourse crossing. Furthermore, unexpected weather events (e.g., large rain systems) or the improper implementation of mitigation measures (e.g., sediment and erosion control measures) may also occur during a watercourse crossing. The FFHIAT cannot predict these events during the assessment process; however, these events should be considered as they have the potential to result in serious harm to fish and prohibited effects to listed aquatic species at risk. Should one of these events occur, Section 38 of the Fisheries Act imposes a duty to notify an inspector, take corrective measures and provide written reports when there are occurrences that may result or have a serious and imminent danger to result in serious harm to fish or in deposit of a deleterious substance in water frequented by fish (DFO 2013a) Route Selection and Watercourse Crossing Identification The goal of route and watercourse crossing selection for new projects or activities is to minimize disturbance to aquatic habitat. To accomplish this goal, avoidance and mitigation measures should be considered during both the siting and design stages of a watercourse crossing. Alternatives or contingency crossing methods should also be evaluated through the FFHIAT. The following should be considered when selecting route and watercourse crossing options. Consider the likelihood of success of selected crossing methods and potential alternatives or contingency crossing methods. Consider regional issues such as increased access to a fishery and subsequent concern for overfishing of a population of fish. Avoid crossing locations with erosion-prone (i.e., easily erodible) banks or substrate. Avoid crossing locations within the distribution of listed aquatic species at risk; Avoid crossing locations with limiting or rare fish habitats (e.g., spawning or overwintering habitat, critical habitat, or the residence of listed aquatic species at risk). 2.8

37 Approach Avoid crossing locations on meander bends, braided streams, alluvial fans, active floodplains or any other area that is inherently unstable and may result in erosion and scouring of the stream bed or the built structures. Design crossing approaches to be perpendicular to the watercourse to minimize loss or disturbance to riparian vegetation and to minimize footprint. Refer to DFO s Measures to avoid causing harm to fish and fish habitat including aquatic species at risk for additional considerations and criteria ( The selection of the watercourse crossing location is the first step to avoiding serious harm to fish and prohibited effects to listed aquatic species at risk through an analysis of suitability of the proposed crossing site. This is typically referred to as a geohazards assessment and may include assessment of the geomorphological, hydrotechnical and geotechnical properties of the watercourse. The geohazards assessment will typically consider the hazards with respect to the feasibility of crossing methods (i.e., trenchless versus trench pipeline crossing methods). Although this process is not included as part of the assessment process outlined in the FFHIAT, the FFHIAT is designed to incorporate the results of these assessments (e.g., geotechnical feasibility of a trenchless pipeline crossing method; such as HDD). Following the selection of route and watercourse crossing locations, the type of watercourse crossing, including pipeline and temporary vehicle, can be chosen. However, the type of crossing method is often considered during the route selection process.! Route and watercourse crossing selection does not apply to existing pipeline watercourse crossings as the crossings locations are already in-place; however, this can apply to associated temporary vehicle crossings if they are needed to complete these activities. 2.9

38 Approach CRA Fishery Watercourse crossings in areas that do not contain fish or fish habitat can follow standard avoidance and mitigation measures to minimize impacts to the watercourse. Watercourse crossings in areas that contain fish or fish habitat require further assessment to determine the likelihood of causing serious harm to fish or prohibited effects to listed aquatic species at risk. In Canada, most waterbodies and watercourses contain fish or fish habitat that are part of or support CRA fisheries; therefore, they are subject to the prohibition against serious harm to fish. DFO s Fisheries Protection Policy indicates that these areas include: All three of Canada s oceans; Areas of fishing for food, social, or ceremonial purposes or under land claims agreements by Indigenous peoples; Areas covered by federal or provincial fisheries regulations. Notwithstanding the above, some water bodies or watercourses may be specifically excluded from the application of federal or provincial regulations. Some water bodies or watercourses may not contain fish or fish habitat that are part of or support CRA fisheries; therefore, they are not subject to the prohibition. These are determined on a case-by-case basis using recognized scientific methods. However, clear direction on making this determination is currently lacking, and demonstrating that a watercourse or water body does not contain CRA fisheries can be difficult and labor-intensive. Therefore, the recommended approach is to assume all watercourses contain fish and fish habitat which are or support a CRA fishery and focus on developing guidance to avoid or mitigate potential impacts; unless it can be clearly demonstrated that fish or fish habitat is not present.! When uncertain, the recommended approach is to assume watercourses contain fish and fish habitat which are or support a CRA fishery and focus on developing guidance to avoid or mitigate potential impacts. 2.10

39 Approach Species At Risk Act (SARA) Schedule 1 Species Presence Special consideration is given to aquatic species that are listed as extirpated, endangered or threatened in Schedule 1 of the SARA. Species-specific recovery strategies and action plans should be considered during the assessment.! Watercourse crossings with SARA Schedule 1 aquatic species present, or with the potential to be present, proceed to the Secondary Assessment to determine the likelihood of causing serious harm to fish or prohibited effects on species at risk, regardless of the crossing method. As indicated in Section 2.3.2, the recommended approach is to assume all watercourses contain fish and fish habitat which are or support a CRA fishery, unless it can be clearly demonstrated that fish or fish habitat is not present (e.g., presence of a barrier to fish movement). In rare cases, it may be possible for a SARA Schedule 1 species to be present where a CRA fishery is not present. Therefore, the presence of SARA Schedule 1 species should be reviewed even in rare cases where a CRA fishery or fish that support such a fishery may not be present. In addition, potential updates to species listed on Schedule 1 should be considered and incorporated into project-planning. Species that are listed as special concern on Schedule 1 of SARA that are afforded protection through provincial or territorial legislation may also be present, or have the potential to be present, at watercourse crossings. Although these species are not subject to the prohibitions of SARA, they should be considered during the assessment and any specific or additional measures should be implemented to avoid harming them or their habitat. 2.11

40 Approach Pipeline Crossing Methods Pipeline watercourse crossing methods are listed in Section 3.1 and the decision pathway for pipeline crossing methods is summarized in Figure 4. Typically, where fish and fish habitat is present and aquatic listed species at risk, their critical habitat or residence are not present, a Trenchless (e.g., horizontal directional drilling [HDD] or variants) or Dry or Frozen to the Bottom Trench crossing method can follow the standard measures and mitigation outlined in Section 5.0 and 6.0, and meet the guidance outlined in Section 7.0. Therefore, these crossing methods are deemed to avoid causing serious harm to fish. Trench crossings (isolated and non-isolated) include instream work during flowing conditions; consequently, these crossing methods may have an increased potential to impact fish and fish habitat and, in some cases, may not be able to follow the standard measures and mitigation outlined in Section 5.0 and 6.0, and the guidance outlined in Section 7.0. Where standard measures and mitigation may not be able to be followed, these crossing methods proceed to the Secondary Assessment (see Figure 6) to determine the likelihood of causing serious harm to fish. Watercourse crossings with aquatic listed species at risk, their critical habitat and residence present, or with the potential to be present, proceed to the Secondary Assessment to determine the likelihood of causing serious harm to fish and/or prohibited effects on listed aquatic species at risk; this applies to all watercourse crossing methods and includes SARA-specific guidance outlined in Section 7.1. Harassment, capture, or taking of a listed aquatic species at risk will require approval from DFO.! There could be instances where works, undertakings or activities will not result in serious harm to fish, the damage or destruction of residence or the destruction of critical habitat of listed aquatic species at risk. However, a SARA permit should be sought from DFO if any harm, harassment, capture, or taking of a listed aquatic species at risk should occur. Therefore, a crossing-specific review is required in these instances. 2.12

41 Approach Figure 4 Decision Pathway for Pipeline Crossing Methods 2.13

42 Approach Temporary Vehicle Crossing Methods Temporary vehicle watercourse crossing methods are listed in Section 3.2 and the decision pathway for pipeline crossing methods is summarized in Figure 5. Typically, where fish and fish habitat is present and S aquatic listed species at risk, their critical habitat or residence are not present, a Clear-Span Bridge and Snow Fill and Ice Bridge crossing method can follow the standard measures and mitigation outlined in Section 5.0 and 6.0, and meet the guidance outlined in Section 7.0. Therefore, these crossing methods are deemed to avoid causing serious harm to fish. Crossing methods that include instream structures during flowing conditions (Non-Clear Span Bridge, Culvert, Ford) or include structures within a dry channel (Log Fill, Ford) may have an increased potential to impact fish and fish habitat and, in some cases, may not be able to follow the standard measures and mitigation outlined in Section 5.0 and 6.0, and guidance outlined in Section 7.0. Where standard measures and mitigation may not be able to be followed, these crossing methods proceed to the Secondary Assessment (see Figure 6) to determine the likelihood of causing serious harm to fish. For watercourse crossings with aquatic listed species at risk present, or with the potential to be present, proceed to the Secondary Assessment to determine the likelihood of causing serious harm to fish and prohibited effects to aquatic listed species at risk; this applies to all watercourse crossing methods and includes SARA-specific guidance outlined in Section 7.1.! There could be instances where works, undertakings or activities will not result in serious harm to fish, the damage or destruction of residence or the destruction of critical habitat of listed aquatic species at risk. However, a SARA permit should be sought from DFO if any harm, harassment, capture, or taking of a listed aquatic species at risk should occur. Therefore, a crossing-specific review is required in these instances. 2.14

43 Approach Figure 5 Decision Pathway for Temporary Vehicle Crossing Methods 2.15

44 Approach Secondary Assessment Where pipeline and associated temporary vehicle crossings may not fully avoid serious harm to fish, or may result in prohibited effects on listed aquatic species at risk (as described in Section and 2.3.5, respectfully), a Secondary Assessment is required. Where serious harm to fish or prohibited effects on listed aquatic species at risk cannot be fully avoided and/or mitigated, additional site-specific measures may also be included to mitigate the remaining pathways that may result in serious harm to fish or prohibited effects on species at risk. Where serious harm to fish or prohibited effects on listed aquatic species at risk cannot be completely avoided and/or mitigated, even with additional site-specific measures, the FFHIAT recommends these crossings be submitted for crossing-specific review to DFO or the NEB. The decision pathway for the Secondary Assessment is summarized in Figure 6.! There could be instances where works, undertakings or activities will not result in serious harm to fish, the damage or destruction of residence or the destruction of critical habitat of listed aquatic species at risk. However, a SARA permit should be sought from DFO if any harm, harassment, capture, or taking of a listed aquatic species at risk should occur. Therefore, a crossing-specific review is required in these instances. When completed by qualified environmental professionals, the Secondary Assessment process: Applies the relevant PoE for crossing-associated works; Prescribes crossing-specific measures and mitigation to break the pathways that lead to PoE endpoints; Provides the opportunity to prescribe additional site-specific measures, where standard measures are not adequate or appropriate; Provides guidance and criteria to help determine if a crossing is likely to result in serious harm to fish or prohibited effects on listed aquatic species at risk; and Recommends crossings that are likely to result in serious harm to fish or prohibited effects on listed aquatic species at risk be submitted for crossing-specific review. 2.16

45 Approach The FFHIAT is designed to incorporate site-specific fish and fish habitat data; this data is particularly important when completing a Secondary Assessment. Site-specific fish and fish habitat data is typically collected through two mechanisms: 1) Desktop review of available fish and fish habitat information from available literature, historical records, and previous work in the area. 2) Field assessment in the area of the proposed works and within the potential zone of impact downstream using regional data collection standards, such as: British Columbia Resource Information Standards Committee (RISC) Standards for Aquatic Ecosystems (Government of British Columbia 2014) Salish Sucker Collection Guidelines Nooksack Dace Collection Guidelines Ontario Ministry of Transportation Environmental Guide for Fish and Fish Habitat (MTO 2009) Protocol for the detection of fish species at risk in Ontario - Great Lakes Protocol for the detection and relocation of freshwater mussel species at risk in Ontario-Great Lakes Area Alberta ESRD Standards for Sampling of Small Streams in Alberta (ESRD 2013) Alberta Transportation Fish Habitat Manual (AT 2001) Standard Methods Guide for Freshwater Fish and Fish Habitat Surveys in Newfoundland and Labrador: Rivers and Streams (Sooley et al. 1998) 2.17

46 Approach Figure 6 Decision Pathway for Secondary Assessment 2.18

47 Approach Note that survey activities that involve taking, harassing, or capture of aquatic species listed under SARA as endangered or threatened is contrary to section 32 of SARA; therefore, approval from DFO is required. If undertaking surveys that could involve the capture and/or relocation of aquatic species at risk (e.g., electrofishing in the range of endangered or threatened species), DFO must be contacted to obtain a SARA Permit. Site-specific data collected through desktop and field-based assessments includes habitat characteristics (e.g., channel measures, substrate composition, riparian vegetation) that characterizes the quality of the habitat and its potential to support key life history stages and requirements, including: Spawning; Rearing; Overwintering; Migration. In addition, regional and local crossing interactions with watercourses and fisheries should consider the following when completing a Secondary Assessment to determine the likelihood of serious harm to fish or prohibited effects on listed aquatic species at risk: Local Species of Management Concern (SOMC; defined in glossary); Local fish community, including fish species presence, habitat use by life history stage (spawning, rearing, foraging, overwintering), and sensitivity to sediment; Whether the site is in the range of listed aquatic species at risk, and if so, is the site in critical habitat (see maps at If the site is in critical habitat, will any of the functions, features, and attributes of the critical habitat be affected by the proposed crossing; Whether any of the listed aquatic species at risk has a residence at the site; Sensitivity to change and resilience of the local aquatic environment; Land-use in the area (e.g., there may be more runoff and higher nutrient and sediment inputs from agricultural lands); Fragmentation of the watercourses, including known fish passage barriers, natural or otherwise; Crossing habitat conditions such as slopes, flows, substrates, and bank condition that would affect sediment transport and other project aspects such as reclamation. 2.19

48 Approach Additional information can be obtained by contacting fisheries biologists in the local jurisdiction, and/or by reviewing historical literature for the area. Furthermore, regional information about fish communities and fisheries management objectives should be considered. Crossings interacting with specific fisheries (various ecological regions) may require additional site-specific measures in terms of: monitoring requirements for suspended sediments; timing of instream works; type of reclamation required. The above-described information and considerations can be used in conjunction with CEPA 2016 (see Appendix A) and Box 1 from DFO s Fisheries Protection Policy Statement (2013), which provides guidance on assessing the likelihood of works, undertakings or activities resulting in serious harm to fish (see Figure 7): Figure 7 Considerations for the Assessment of Serious Harm to Fish (taken from DFO 2013) 2.20

49 Approach When completing the Secondary Assessment process, a QEP should review the PoEs, mitigation measures, and guidance for each PoE endpoint (provided in Section , and 7.0, respectively). Where one or more of the pathways leading to the nine PoE endpoints cannot be fully avoided or mitigated, there is the potential that one or more of these pathways may result in serious harm to fish or prohibited effects on listed aquatic species at risk. The FFHIAT considers each of the nine PoE endpoints to be of equal value and does not prioritize or consider interactive or compounding effects. Furthermore, where there is uncertainty if PoE endpoints can be fully avoided or mitigated, the FFHIAT considers these pathways unbroken until they can be fully addressed. In these cases, the FFHIAT will recommend these watercourse crossings be submitted for crossing-specific review. In these cases, additional site-specific measures can be implemented to break the remaining pathway(s). If additional site-specific measures cannot resolve the unbroken pathway(s), these crossing sites can be submitted for review or an alternative crossing method or location can be used and assessed separately as a new crossing site. 2.21

50 Approach 2.22

51 Watercourse Crossing Methods 3.0 WATERCOURSE CROSSING METHODS This section includes pipeline and associated temporary vehicle crossing methods for use on new and existing pipeline and temporary vehicle watercourse crossing construction activities. These watercourse crossing methods were selected by CEPA member companies, as well as other pipeline industry companies, as the watercourse crossing methods that are most frequently used and that should be available for assessment through the FFHIAT. Their definitions and supporting information has also been approved by industry members for use in the FFHIAT. Typical drawings for these crossings methods are included in Appendix B. The selection and use of pipeline and associated temporary vehicle crossing methods should consider the following hierarchy and the potential for serious harm to fish or prohibited effects on listed aquatic species at risk associated with the crossing method. Where fish habitat is present and listed aquatic species at risk are not present, the basic classification is summarized in Table 3-1. Table 3-1 Summary of Watercourse Crossing Methods and their Potential to Result in Serious Harm to Fish Methods deemed to avoid Serious Harm: Pipeline Temporary Vehicle Trenchless Clear-Span Bridge Dry or Frozen to the Bottom Trench Ice Bridge and Snow Fill Methods that have potential for Serious Harm: Pipeline Temporary Vehicle Non-Isolated Trench Non Clear-Span Bridge Isolated Trench Culvert Log Fill Fording 3.1

52 Watercourse Crossing Methods Section 7.0 provides guidance and criteria that should be considered when selecting a watercourse crossing method. Where an aquatic species that is listed as extirpated, endangered or threatened under Schedule 1 of the SARA have the potential to be present at crossing sites and/or the habitat of such species, special considerations for the selection and use of pipeline and associated temporary vehicle crossing methods is required. The main drivers for the selection of watercourse crossing methods include: The likelihood of success of selected crossing methods and potential alternatives or contingency crossing methods; The presence and type(s) of fish and fish habitat at and near the proposed watercourse crossing location (including the presence of listed aquatic species at risk, their critical habitat and their residence); Specific timing windows for the proposed watercourse crossing location; and The duration to complete the pipeline crossing method and/or the length of time a temporary vehicle crossing will be in place. 3.1 PIPELINE CROSSINGS Trenchless Trenchless pipeline crossing methods involve no direct excavation to the banks or bed of a watercourse or water body. Subsurface trenchless methods are designed to avoid or minimize effects to a watercourse or water body and are typically preferred over trenched or mixed crossing methods when impacts to fish and fish habitat are a concern. However, subsurface trenchless methods can be limited by site-specific conditions, including: geotechnical conditions, such as: a high likelihood of failure or a frac-out; the potential to impact ground water; the formation of ice-bulbs, particularly when working in Canada s northern territories; physical conditions, such as approach angle; pipe diameter; crossing length; limited strata; importance of the riparian area to the recovery of listed aquatic species at risk. 3.2

53 Watercourse Crossing Methods Please note that some species depend on certain riparian features for their recovery. If this watercourse crossing method is considered where the riparian area is part of the critical habitat of listed aquatic species at risk, this project should be submitted to DFO for review. The potential for these limitations to occur and result in serious harm to fish or prohibited effects on species at risk should be assessed when considering a trenchless method Pressurized Horizontal Directional Drill (HDD) HDD method involves the drilling of a pilot hole from one side of the watercourse to the other, then reaming to the required size to pull the pipeline back through. This method employs a surveying system to guide the drill path from entry to exit point. Drilling fluid (e.g., bentonite solution or water) is pumped directly to the jets in the drill bit to help excavate the hole and minimize friction between the surrounding grounds Microtunneling Microtunnelling method involves the digging and creating small tunnels from one side of the watercourse to the other. The boring machine and jacking frame are set up in a shaft at the required depth. The boring machine is operated remotely and, in most cases, is launched through an entry eye within the jacking frame; pipes are then pushed behind the machine (often called pipe jacking) and this is repeated until the machine reaches the reception shaft Direct Pipe Direct Pipe method is a single pass directional trenchless crossing technique that involves a microtunnelling and a thrusting system to install prefabricated pipe as the bore is being tunneled. A prefabricated pipeline is installed and the required borehole is excavated simultaneously. From the launch pit, the soil is excavated using a slurry-supported boring machine and the excavated material is pumped through a slurry circuit inside the prefabricated pipeline, to a separation plant located aboveground. This technique uses less drilling fluid (e.g., bentonite solution or water) and operates internally at lower pressure than HDD or microtunneling techniques. 3.3

54 Watercourse Crossing Methods Non-Pressurized Horizontal Punch or Bore Horizontal Punch or Bore methods involve construction of a bore pit on each side of the watercourse and punching (or ramming) or boring a casing underneath the watercourse without to use of pressurized drilling fluid. Typically, the length of these crossings is limited and the bore holes must be set up relatively close to the stream banks and the depth maintained just below the depth of scour. If this watercourse crossing method is considered where the riparian area is part of the critical habitat of listed aquatic species at risk, this project should be submitted to DFO for review Clear-Span Aerial Clear-span aerial method involves a structure, such as a single span truss or suspension style crossing, which completely spans a watercourse or water body. The aerial crossing structure, including approaches, abutments, footings, and armoring is built entirely above the high water mark (HWM). This method is designed to minimize or eliminate effects to a water body and is typically preferred over other non-clear span crossing methods. However, this method may not be technically feasible in all crossings or conditions. If the riparian area is to be impacted by the project where it is part of the critical habitat of listed aquatic species at risk, this project should be submitted for review Non Clear-Span Aerial Non clear-span aerial pipeline crossing is similar to a non-clear-span temporary structure. However, one or multiple components, including approaches, abutments, footings/piles, and armoring are built below the HWM. This method will result in a permanent footprint in the bed and/or banks of a watercourse or water body. Impacts to the bed and banks of watercourses increase the likelihood of serious harm to fish and/or prohibited effects to listed aquatic species at risk. Careful considerations should be taken prior to making this choice as a project specific review could be required. Crossing-specific mitigation measures follow those from Non Clear-Span Bridge (Section 3.2.2). 3.4

55 Watercourse Crossing Methods Trench Methods Trench pipeline crossing methods involve direct excavation to the banks and bed of a watercourse or water body. Although these watercourse crossing methods have the potential to result in serious harm to fish or prohibited effects on listed aquatic species at risk, the majority of crossings can be completed following the standard measures and mitigation outlined in Section 5.0 and 6.0, and the guidance outlined in Section 7.0. If a trench method is likely to result in the loss of wetted area within the watercourse, this may result in the destruction of fish habitat (considered serious harm to fish) and critical habitat. The potential to result in the loss of wetted area should be evaluated when considering a trench method Dry or Frozen to the Bottom Trench A dry or frozen to the bottom trench pipeline crossing method involves the direct excavation of the trench through the banks and bed of a watercourse or water body, using a similar approach as for land-based trenching. This trench crossing method is used during dry or frozen conditions, as this avoids the potential for sediment release during in-channel works. This method also typically involves less in-channel time compared to an isolated trench crossing method. The assessment of this crossing method should take into consideration fish habitat upstream and downstream of the crossing Isolated Trench An isolated trench pipeline crossing method involves the direct excavation of the trench through the banks and bed of a watercourse or water body and isolating the instream work area from flowing water while maintaining downstream flow through water diversion. Isolation methods include flow management methods, such as a flume, dam and pump, and diversion channel. Typical approaches to isolation include the use of a coffer dam, aqua dam, steel plates, sandbags, poly, as well as other materials, where appropriate. Note that if fish salvage from the isolated area involves the capture and handling of endangered or threatened species, a permit under SARA is required from DFO. The type of watercourse or water body may limit the use of certain isolation methods. Isolated crossing methods produce short duration sediment pulses; however, these pulses are typically small and can be mitigated. 3.5

56 Watercourse Crossing Methods Non-Isolated Trench A non-isolated trench pipeline crossing method involves the direct excavation of the trench through the banks and bed of a watercourse or water body, where the instream work area is not isolated from flowing water during construction. Non-isolated trench methods use construction methods similar to approaches used for land-based trenching, including excavators; however, a Sauerman or Skyline (i.e., dragline dredging system) technique may also be used, as well as using barges. This method results in sediment pulses during in-channel works and mitigation options are limited. As such, a non-isolated trench (method is typically used when other crossing methods are not feasible Mixed Methods Bottom Pull A bottom pull crossing is a hybrid form of crossing between the trenchless and trenched methods where a pipeline is pulled across a large water body to rest on the surface of the bottom. The pipeline is typically installed by a trenched method along the shoreline approaches of the crossing. The bottom pull method is typically used on wetlands, reservoirs, lakes, or marine environments where trenched or trenchless crossing methods are determined to be unfeasible due to the size of the crossing (i.e., depth or length of the crossing). Impacts to the bed and banks of watercourses increase the likelihood of serious harm to fish and/or prohibited effects to listed aquatic species at risk. Careful considerations should be taken prior to making this choice as a project specific review could be required. 3.2 TEMPORARY VEHICLE CROSSINGS Clear-span methods involve no direct excavation to the banks or bed of a watercourse or water body; therefore, clear-span methods should be prioritized, where feasible. The majority of clear-span crossings can be completed following the standard measures and mitigation outlined in Section 5.0 and 6.0, and the guidance outlined in Section 7.0. As such, serious harm to fish or prohibited effects on species at risk can be avoided in most cases. Non clear-span methods involve structures within the channel. Although these watercourse crossing methods have the potential to result in serious harm to fish or prohibited effects on species at risk, the majority of crossings can be completed following the standard measures and mitigation outlined in Section 5.0 and 6.0, and meet the guidance outlined in Section 7.0. If a non clear-span method is likely to result in the loss of wetted area, alteration of habitat structure, and/or obstruction of fish passage; these may be considered serious harm to fish or destruction of critical habitat. 3.6

57 Watercourse Crossing Methods Destruction of riparian features may in some cases also be destruction of critical habitat. Therefore, the potential of these crossings to result in serious harm to fish or prohibited effects on species at risk should be evaluated when considering a non clearspan method Clear-Span Bridge A temporary clear-span bridge (or equivalent) vehicle crossing method is a structure that completely spans a watercourse or water body. The bridge structure, including approaches, abutments, footings, and armoring is built entirely above the HWM, but could be located in the riparian area of the watercourse. A clear-span bridge (or equivalent) temporary watercourse crossing method is designed to minimize or eliminate effects to a water body and is typically preferred over other crossing methods. However, this method may not be technically feasible in all crossings or conditions and could also result in the destruction of critical habitat of listed aquatic species at risk when the riparian area is designated as such Non Clear-Span Bridge A temporary bridge (i.e., not clear-span) vehicle crossing method is similar to a clear-span bridge structure. However, one or multiple components, including approaches, abutments, footings/piles, and armoring are built or placed below the HWM. This method may result in temporary disturbance to the bed and/or banks of a watercourse or water body and is typically used when a clear-span bridge structure is not technically feasible. Impacts to the bed and banks of watercourses increase the likelihood of serious harm to fish and/or prohibited effects to listed aquatic species at risk. Careful considerations should be taken prior to making this choice as a project specific review could be required Ice Bridge and Snow Fill A temporary ice bridge and snow fill are vehicle crossing methods used during winter (i.e., frozen) conditions. Ice bridges are constructed on watercourses or water bodies that have sufficient ice cover, as well as stream flow and water depth beneath the ice, to prevent disturbance to the stream bed or restrict water movement beneath the ice; these are constructed by flooding the ice surface to build up to the required ice thickness. Snow fills are used in channels that are dry or frozen to bed; however, they may also be used on watercourses with sufficient ice cover. They are constructed by filling the channel with clean compacted snow or piling snow on top of the ice. 3.7

58 Watercourse Crossing Methods Culvert A temporary culvert vehicle crossing method is a cylinder or box shaped structure that is placed in the channel of a watercourse or water body, below the HWM, and conveys water through it. A temporary culvert watercourse crossing method is typically used when systems are not dry or frozen to bottom at the time of construction, or when bridge structures are not technically feasible, and can be designed to allow fish passage. The size and shape of the culvert will depend on the type and size of watercourse or water body being crossed. Appropriate sizing is essential to limit disturbance to the bed and/or banks, as well as to limit obstructions to fish passage (if fish are present). In addition, proper installation and effective monitoring and maintenance is also essential to avoid failure. DFO s assessment criteria as well as regional and/or provincial guidelines for culvert use and installation should also be consulted when considering a temporary culvert vehicle crossing method Impacts to the bed and banks of watercourses increase the likelihood of serious harm to fish and/or prohibited effects to listed aquatic species at risk. Careful considerations should be taken prior to making this choice as a project specific review could be required Log Fill A temporary log fill (or equivalent) vehicle crossing method involves the placement of materials (logs, pipes, or other structures) in the channel of a watercourse of water body, below the HWM. This method is typically used in watercourses or water bodies that are dry or frozen at the time of construction and is not intended for prolonged use Fording A ford crossing is a temporary crossing that will be used for multiple crossing events by construction machinery. To prevent sedimentation and rutting of the bed and banks of a watercourse at a ford crossing, stabilizing materials (e.g., swamp mats, ramps, or rock armour) may be placed on the bed, banks, or approaches of the temporary crossing location. This method is typically used where an alternative temporary watercourse crossing structure is not available, or where the ford is necessary to aid in the installation of an alternative temporary watercourse crossing structure. This method can be used during both flowing and dry or frozen to bottom conditions, but is a less preferred crossing method that is generally not intended for prolonged use. Fording should not be done where SARA-listed shellfish occur, or critical habitat or residences of freshwater listed aquatic species at risk occur. 3.8

59 Potential Effects 4.0 POTENTIAL EFFECTS Construction activities related to the installation or maintenance of pipelines and associated temporary vehicle crossings have the potential to impact fish and fish habitat through a number of pathways. The FFHIAT uses DFO s PoEs as a base for the assessment of the potential impacts to fish and fish habitat from the various activities that are likely to occur during a watercourse crossing. Table 4-1 (from DFO, 2016), below, summarizes the PoE endpoints of the pathways that have been identified in CEPA (2016) that have the potential to result in serious harm to fish or prohibited effects on species at risk; the most likely mechanisms and sources where serious harm to fish or prohibited effects on species at risk may occur is also summarized. A full evaluation of the science/evidence based support for the assessment process outlined in the FFHIAT (CEPA, 2016) is available in Appendix A. Table 4-1 Summary of PoE Endpoints, Most Likely Mechanisms, and Potential Source of Serious Harm to Fish or Prohibited Effects on Listed Aquatic Species at Risk PoE Endpoint Change in sediment concentration Change in structure and cover Change in access to habitat Direct mortality Change in food supply Change in temperature Change in nutrient and dissolved oxygen concentration Most Likely mechanisms In-channel construction, frac out, long term erosion ROW clearing, in-channel construction, bank erosion, channel widening. Coffer dams, weirs, temporary vehicle crossings In channel machinery, blasting, stranding Riparian vegetation removal, sediment, loss of stream flow Removal of riparian vegetation at ROW Riparian vegetation removal or maintenance Potential Source of Serious Harm to Fish or Prohibited Effects on Listed Aquatic Species at Risk Habitat quality and quantity, fish stress, feeding, food production, barrier to migration Reduction in cover, habitat complexity, shade, instream habitat quality Interruption of migration or movements Loss of individuals Decrease in habitat quality, growth opportunity Effects on development rate or growth, decrease of habitat quality Loss of stream productivity or individuals 4.1

60 Potential Effects Table 4-1 Summary of PoE Endpoints, Most Likely Mechanisms, and Potential Source of Serious Harm to Fish or Prohibited Effects on Listed Aquatic Species at Risk PoE Endpoint Change in baseflow and hydrodynamics Change in contaminant concentration Most Likely mechanisms Sudden decreases in flow during installation of dams, weirs, reductions in flow, change in hydraulic conditions Leakages/spills of hydrocarbons or other toxic substances Potential Source of Serious Harm to Fish or Prohibited Effects on Listed Aquatic Species at Risk Stranding, suboptimal habitat conditions, reduced passage Stress/mortality (fish or food organisms) 4.2

61 Effect Pathways and Potential Effects 5.0 EFFECT PATHWAYS AND POTENTIAL EFFECTS Work around water has the potential to affect fish and fish habitat and may result in serious harm to fish or prohibited effects on listed aquatic species at risk. DFO has developed PoEs diagrams to describe the type of cause-effect relationships that are known to exist between development activities in and near water, stressors on fish and fish habitat, and ultimately the effects on fish and fish habitat. Each cause-and-effect relationship is represented as a line (i.e., pathway) connecting the activity to a potential stressor, and a stressor to an effect on fish and fish habitat. Each pathway represents an area where mitigation measures can be applied to reduce or eliminate a potential effect. When mitigation measures cannot be applied, or cannot fully address a stressor, the remaining effect is referred to as a residual effect. These residual effects have the potential to cause serious harm to fish or prohibited effects on listed aquatic species at risk. It is important to mention that the fish mortality effect of a stressor has not been addressed in the PoEs along with harm and harassment of listed aquatic species at risk. This is explained by the fact that any activity taking place in or around water and implemented under certain circumstances could kill fish and/or harm and harass listed aquatic species at risk. Therefore, when planning an activity, always consider the possibility of killing, harming and harassment of fish and implement mitigation measures to avoid it. When it is impossible to avoid, a review by DFO is required. Twelve PoEs have been identified as applying to one or more components of a typical pipeline construction works. The complete set of DFO PoEs is broader in scope than the localized and short-term potential effects from pipeline-related construction activities. Therefore, the following DFO PoEs do not apply to pipeline and associated watercourse crossings: Streamside livestock grazing, Marine seismic surveys, Placement of marine finfish aquaculture site. In addition, the following DFO PoEs were not included for the following reasons: Wastewater management: this PoE applies to the construction, maintenance, operation and decommissioning of facilities that produce and release wastewater that may contain biological or chemical contaminants or that may be of significantly different temperature from the receiving environment (e.g., residential, industrial, or municipal discharges). Therefore, this PoE does not apply to pipeline and associated temporary vehicle watercourse crossings. 5.1

62 Effect Pathways and Potential Effects Organic debris management: this PoE applies to the collection and removal of organic debris such as logs, for the purposes of maintenance and navigation. During pipeline and temporary vehicle watercourse crossings, logs will be returned to the watercourse in a manner that maintains or restores habitat function. Therefore, this PoE does not apply to pipeline and associated temporary vehicle watercourse crossings. Addition or removal of aquatic vegetation: this PoE applies to the addition or removal of aquatic vegetation. During pipeline and temporary vehicle watercourse crossings, the intent is not to add or remove aquatic vegetation. Aquatic vegetation within the instream footprint will be temporarily removed and restoration activities will allow aquatic vegetation to re-establish following construction. If the crossing location contains abundant instream vegetation and is part of a wetland complex, then additional information would be required to assess the potential impacts to the function of the wetland. If aquatic vegetation that is a feature of critical habitat for listed aquatic species at risk will be removed, DFO review would be required. Likewise, if the removal of aquatic vegetation could lead to incidental harm of species at risk, DFO review would be required. The FFHIAT is not intended to fully assess the potential impacts to the function of wetlands; therefore, the intent of this PoE does not apply to pipeline and associated temporary vehicle watercourse crossings. Cleaning or maintenance of bridges or other structures: this PoE applies to the cleaning, maintenance, or surface preparation of bridges or other structures. This may involve industrial cleaning or surface preparation equipment such as high pressure water blasters, mechanical sweepers and scrubbers, sandblasters, or any other technique or chemical product used to clean, strengthen, or prepare surfaces for additional processing or to refine or roughen surfaces to meet finishing requirements. While the FFHIAT is intended for use on existing crossings which may require cleaning or maintenance; the intent of this PoE is likely for permanent structures or those that will be in service for much longer than the short-term duration for temporary vehicle crossings associated with pipeline construction (i.e., usually less than 1 year). In addition, maintenance on temporary vehicle crossings associated with pipeline construction typically includes the removal of woody debris or the repair of approaches or abutments. In these cases, maintenance may involve the use of industrial equipment and isolation structures; which are fully addressed in the 12 PoEs that apply to pipeline and associated watercourse crossings (see Sections ). 5.2

63 Effect Pathways and Potential Effects This section presents an overview of each PoE as they relate to pipeline and associated works. The accompanying PoE diagrams were modified from the DFO Projects Near Water website. Breakpoints, or points in which mitigations can be applied to reduce the potential for residual effects, have been identified and coded/displayed in each diagram. A summary of the PoEs that are applicable to each type of typical pipeline and associated construction works is provided in Table 5-1. A summary of the specific mitigation and associated breakpoints is provided in Table 6-1. Additional information on the coding of the breakpoints is provided in Section 2.2 and the separate report described, therein. 5.3

64 Effect Pathways and Potential Effects 5.4

65 Effect Pathways and Potential Effects Table 5-1 Applicability of the Pathways of Effects (PoE) to Typical Pipeline and Associated Construction Works Type of Works Pipeline Trenchless Trenched Bridge Isolated Temporary Vehicle / Equipment Crossing Applicable DFO Pathway of Effect Pressurized Non-Pressurized Dam and Pump Flume Coffer Dam Non-Isolated Dry or Frozen to Bottom Clear-Span Non-Clear Span Ice Bridge and Snow Fill Culvert Log Fill Ford Vegetation Clearing Riparian Planting Grading Excavation (Land-Based) Use of Explosives Use of Industrial Equipment Placement of Material or Structures in Water Dredging (Instream Excavation) Structure Removal Pathway Water Extraction Fish Passage Issues Change in Timing, Duration, and Frequency of Flow NOTE: = Pathway is considered applicable to a type of works 5.5

66

67 Effect Pathways and Potential Effects 5.1 VEGETATION CLEARING Summary Clearing of upland and riparian vegetation (i.e., crown closure) can increase the amount of light reaching the stream, increasing primary productivity. This increase in productivity can be beneficial; however the removal of vegetation can also increase stream temperature to the detriment of fish (Murphy and Meehan 1991). The permanent loss of vegetation is detrimental because it is a loss of natural habitat-forming material, overhead cover, and shade (Thompson 2002). Vegetation clearing can also decrease the stability of soils, which can lead to increase erosion and sediment inputs to a water body. These impacts are typically mitigated by implementing the standard measures and mitigations to minimize vegetation removal and encourage re-growth. If riparian vegetation is a feature of critical habitat for an endangered or threatened species at risk, DFO review is required PoE Flow Diagram 5.7

68 Effect Pathways and Potential Effects 5.2 RIPARIAN PLANTING Summary Planting of riparian vegetation adjacent to a water body/ watercourse is typically associated with reclamation of areas disturbed by various construction activities including riparian vegetation removal, pipeline construction, or temporary vehicle crossings. Riparian planting may involve the use of fertilizers, site preparation methods, and the introduction of native and non-native plant species. If riparian vegetation is a feature of critical habitat for an endangered or threatened species, attention needs to be given to which species are planted. This information would be found in the recovery strategy for that species PoE Flow Diagram 5.8

69 Effect Pathways and Potential Effects 5.3 GRADING Summary Grading the pipeline right of way and construction approaches temporarily modifies the drainage pattern and could result in an increase of sediment transportation into the watercourse. Grading does not include excavation of the trench. These impacts are typically mitigated by the use of sediment and erosion control measures, timely reclamation, and other applicable standard measures and mitigations that minimize vegetation removal and encourage re-growth PoE Flow Diagram 5.9

70 Effect Pathways and Potential Effects 5.4 EXCAVATION (LAND BASED) Summary Open excavations on an upland slope or in the riparian area can alter the habitat at the site, alter subsurface flows, and increase the mobilization of sediments. These impacts can be mitigated by site selection, the use of sediment and erosion control measures, timely reclamation, and other standard measures and mitigations that minimize vegetation removal and encourage re-growth. If the riparian area is part of the critical habitat of a listed aquatic species at risk, a crossing-specific review by DFO is required PoE Flow Diagram 5.10

71 Effect Pathways and Potential Effects 5.5 USE OF EXPLOSIVES Summary The use of explosives can affect fish and habitat, resulting in un-mitigatable damage and mortality. The use of explosives outside of DFO s Measures to avoid causing harm to fish and fish habitat including aquatic species at risk (2016) should be submitted for crossing-specific review PoE Flow Diagram 5.11

72 Effect Pathways and Potential Effects 5.6 USE OF INDUSTRIAL EQUIPMENT Summary The operation of machinery in and around water can cause fish mortality, introduce contaminants, disturb the bed and banks, and mobilize sediment. In addition, trenchless crossing techniques (e.g., HDD) may result in inadvertent release of drilling fluids or sediment PoE Flow Diagram 5.12

73 Effect Pathways and Potential Effects 5.7 PLACEMENT OF MATERIALS OR STRUCTURES IN WATER Summary Structures placed in the watercourse can back up water causing flooding, alter the habitat at the site, alter water velocities around the structure, impede fish passage, and increase the mobilization of sediments. These impacts can be mitigated by site selection, structure design, the use of sediment and erosion control measures, timely reclamation, and other standard measures and mitigation that minimize vegetation removal and encourage re-growth. Residual effects are generally considered to be negligible if standard measures and mitigations are implemented. The placement of rock armour or riprap is a commonly used method to reduce bank erosion. The spaces between the rock may provide cover for small fish and reduce sediment mobilized by erosion; however, overall, riprap prevents natural stream process and limits the habitat provided (Schmetterling et al. 2001). Small site-specific rip-rap placement may reduce localized erosion effects to streambanks, but may not effectively reduce cumulative effects in a watershed. The impacts of bank stabilization can be mitigated by the inclusion of complex habitat features, such as woody debris and the use of soft-engineering and vegetation. Due to the small footprint of the pipeline right-of-way and standard measures and mitigation, residual effects resulting from bank stabilization are generally considered negligible. Changes in channel morphology might occur from increased flows associated with the isolation bypass measures and physical alterations to the channel features (i.e., bed and banks, width, depth, and gradient) associated with the excavation of materials required to re-align the channel. Resultant decreases in habitat complexity are detrimental to fish diversity and may change species composition (Smokorowski and Pratt 2006). 5.13

74 Effect Pathways and Potential Effects PoE Flow Diagram 5.14

75 Effect Pathways and Potential Effects 5.8 DREDGING (INSTREAM EXCAVATION) Summary Excavations in the streambed can alter the habitat at the site, alter subsurface flows, and increase the mobilization of sediments. If the habitat is limiting, or rare in the system, there is a possibility that the habitat cannot be reclaimed back to a similarly functioning pre-construction condition. Excavation can also cause direct mortality to sessile species such as mussels. These impacts are typically mitigated by site selection, timing, the use of sediment and erosion control measures, and other standard measures and mitigation that minimize vegetation removal and encourage re-growth. However, in the likelihood of fish mortality (including shellfish), review by DFO is required PoE Flow Diagram 5.15

76 Effect Pathways and Potential Effects 5.9 STRUCTURE REMOVAL Summary The structure removal PoE applies to the manual or mechanical removal of non-natural temporary construction materials introduced during pipeline and associated construction works including, but not limited to: isolation materials, bridge abutments, culverts, geotextile fabric, and/or temporary fill materials PoE Flow Diagram 5.16

77 Effect Pathways and Potential Effects 5.10 WATER EXTRACTION Summary Water extraction can be used during the construction of temporary crossings such as ice bridges, during hydrostatic testing, and dewatering. Pumping from a watercourse can alter downstream flows, de-water fish habitat, strand and kill fish, kill fish in the pumps, and impinge fish on screens. Pumping can also impact overwintering fish habitat by reducing water quantity and quality (i.e., oxygen levels). These impacts are typically mitigated by site selection, timing, the use of sediment and erosion control measures, DFO s Freshwater Intake End-of-Pipe Fish Screen Guidelines (DFO 1995) and other standard measures and mitigation. Residual effects are generally considered to be negligible if standard measures and mitigations are implemented. However, the potential occurrence of fish kill should be reviewed by DFO PoE Flow Diagram 5.17

78 Effect Pathways and Potential Effects 5.11 FISH PASSAGE ISSUES Summary Impeding migration of fish by preventing their normal movement between feeding, rearing, overwintering, and spawning areas can cause serious harm to fish and prohibited effects to listed aquatic species at risk, as many aquatic organisms rely on the ability to move upstream or downstream to complete their lifecycles (Wohl 2006). Changing flow or temporarily obstructing the river can affect fish movement and migration past the site. Fish movement can also be disrupted directly through instream activities and construction near the watercourse, or indirectly through sediment releases, noise, movement, and vibrations from equipment on site. Isolation measures can affect fish populations by disrupting migration past the construction site or completely blocking migration in the watercourse. Fish movements and migrations can be disrupted directly through instream construction activities and isolation measures creating high water velocities and/or by increasing sediment concentrations. 5.18

79 Effect Pathways and Potential Effects PoE Flow Diagram 5.19

80 Effect Pathways and Potential Effects 5.12 CHANGE IN TIMING, DURATION AND FREQUENCY OF FLOW Summary Changes to the local hydraulics of a watercourse and changes to subsurface flows can disrupt the use of spawning and overwintering habitats, change how sediment is mobilized, impede fish movement, and directly alter the structure of habitat at the site, including an increase in local erosion of the bed and banks PoE Flow Diagram 5.20

81 Crossing Mitigation Measures 6.0 CROSSING MITIGATION MEASURES The following standard measures and mitigations apply to works in and around water, including riparian areas, and have been adapted from best management practices, including DFO s Measures to avoid causing harm to fish and fish habitat including aquatic species at riskhttp:// as well as those accepted and employed in the jurisdiction that the crossing will occur. General measures are provided in Section 6.1 and apply to all pipelines and associated watercourse crossing works. Additional measures specific to a type of crossing works are provided in Sections 6.2 and GENERAL CONSTRUCTION MEASURES Timing Time works in water with respect to the timing windows to protect fish during sensitive time periods. Minimize the duration of in-water work. Conduct instream work during periods of low flow, to further reduce the risk to fish and their habitat or to allow work in water to be isolated from flows. Schedule work to avoid wet, windy and rainy periods that may increase erosion and sedimentation Operation of Machinery Ensure that machinery arrives on site in a clean condition and is maintained free of fluid leaks, invasive species and noxious weeds. Develop and implement a containment and spill management plan (or equivalent) that minimizes risk of accidental spills or releases from entering a watercourse or water body during all phases of the crossing. Whenever possible, operate machinery on land above the HWM, on ice, or from a floating barge in a manner that minimizes disturbance to the banks and bed of the water body. Use temporary crossing structures or other practices to cross watercourses with steep and/or highly erodible (e.g., dominated by organic materials and silts) banks and beds. 6.1

82 Crossing Mitigation Measures Wash, refuel and service machinery and store fuel and other materials for the machinery in such a way as to prevent any deleterious substances from entering the water. Remove all construction materials from site upon crossing completion. Limit machinery fording of the watercourse to a one-time event (i.e., over and back), and only if no alternative crossing method is available. Do not ford where SARA-listed shellfish, critical habitat or residences of freshwater SARA-listed aquatic species occur. If repeated crossings of the watercourse are required, construct a temporary crossing structure Erosion and Sediment Control Installation and maintenance of effective erosion and sediment control measures before starting work to prevent sediment from entering the water body. Regular inspection and maintenance of erosion and sediment control measures and structures during the course of construction. Repairs to erosion and sediment control measures and structures, if damage occurs or in ineffective working conditions. Removal of non-biodegradable erosion and sediment control materials (e.g., silt fence) once site is stabilized. Avoid the use of non-biodegradable materials in remote or difficult to access locations. Measures for managing water flowing onto the site, as well as water being pumped or diverted from the site, such that sediment is filtered out prior to the water entering a water body. Measures for site isolation (e.g., silt boom or silt curtain) for containing suspended sediment, if in water work is required. Measures for containing and stabilizing waste material (e.g., dredging spoils, construction waste and materials, commercial logging waste, uprooted or cut aquatic plants, accumulated debris) above the HWM and away from nearby watercourses and/or water bodies to prevent re-entry. Implement subsurface drainage controls, where appropriate, to maintain groundwater and surface water interactions and to maintain the stability of reclaimed land. The type and location of subsurface drainage controls should be determined through onsite investigation with considerations for: subsurface flow potential, erodibility of backfill materials, and degree of slope. Install trench breakers constructed of compacted impervious materials (e.g., sandbags, bentonite, urethane foam), where appropriate, to force bellhole seepage from the pipeline trench to the surface on steep slopes. 6.2

83 Crossing Mitigation Measures Install trench breakers adjacent to watercourses, at edges of wetlands and on other similar sites where unconsolidated backfill or organic materials are prone to washing out. Install trench breakers on each side of a wetland where the pipeline trench crosses to limit flow into the trench. Install subdrains or pole drains to divert shallow groundwater flow from the rightof-way and to improve slope stability Maintenance and Reclamation Minimize the removal of natural woody debris, rocks, sand or other materials from the banks, the shoreline or the bed of the watercourse or water body below the HWM. If material is removed from the water body or watercourse, set it aside and return it to the original location once construction activities are completed. If the area is critical habitat for listed aquatic species at risk, site-specific review by DFO is required. Revegetate areas with surface (i.e., terrestrial) disturbance following construction works. If there is insufficient time remaining in the growing season, the site should be stabilized (e.g., cover exposed areas with erosion control blankets to keep the soil in place and prevent erosion) and vegetated the following spring. Do not fertilize in the immediate vicinity of a watercourse unless requested by the landowner and approved by DFO, particularly if adjacent to critical habitat for listed aquatic species at risk. Revegetate streambanks and approach slopes with an appropriate native seed mix or erosion control mix. Develop specific procedures to prevent the invasion or spread of undesirable nonnative vegetation (e.g., purple loosestrife, Eurasian milfoil) Use of Explosives The use of explosives in or near water should be avoided, if possible. Do not use explosives where listed aquatic species, their residences or critical habitat occur, without review by DFO. If explosives are required as a component of a proposed project related activity (e.g., removal of structures such as piers, pilings, footings; removal of obstructions such as beaver dams), the following measures are applicable: Time in-water work requiring the use of explosives to prevent disruption of vulnerable fish life stages, including eggs and larvae, by adhering to appropriate fisheries timing windows (also see Section 6.1.1). Isolate the work site to exclude fish from within the blast area by using bubble/air curtains (i.e., a column of bubbled water extending from the substrate to the water 6.3

84 Crossing Mitigation Measures surface as generated by forcing large volumes of air through a perforated pipe/hose), cofferdams or aquadams. Additional isolation measures can be found in Section 6.2.2, depending on the chosen method. Remove any fish trapped within the isolated area and release unharmed beyond the blast area prior to initiating blasting. Minimize blast charge weights used and subdivide each charge into a series of smaller charges in blast holes (i.e., decking) with a minimum 25 millisecond (1/1000 seconds) delay between charge detonations (see Figure 8). Back-fill blast holes (stemmed) with sand or gravel to grade or to streambed/water interface to confine the blast. Place blasting mats over top of holes to minimize scattering of blast debris around the area. Do not use ammonium nitrate based explosives in or near water due to the production of toxic by-products. Remove all blasting debris and other associated equipment/products from the blast area. Figure 8 Sample Blasting Arrangement (DFO 2016); Per Fig. 1: 20 kg total weight of charge; 25 msecs delay between charges and blast holes; and decking of charges within holes. 6.4

85 Crossing Mitigation Measures Riparian Vegetation Removal Design and construct approaches to the watercourse or water body such that they are perpendicular to the watercourse or water body to minimize loss or disturbance to riparian vegetation. Limit the clearing of riparian vegetation to a minimum; use existing trails, roads or cut lines wherever possible to avoid disturbance to the riparian vegetation and prevent soil compaction. When practicable, prune or top the vegetation instead of grubbing/uprooting. Avoid the use of herbicides for clearing or maintenance of riparian vegetation unless approved by DFO. Do not remove riparian vegetation if the riparian area is identified as part of critical habitat of listed aquatic species at risk. 6.2 PIPELINE CROSSINGS Trenchless Method In addition to the general measures outlined in Section 6.1, the following mitigation measures are applicable to trenchless pipeline crossing method: Establish an appropriate vegetative buffer (i.e., set-back) from the HWM and locate all temporary workspaces outside the buffer. If the riparian area is identified as critical habitat for a listed aquatic species at risk, all temporary workspaces should be located outside of the riparian area. Design the alignment of the crossing to an appropriate depth below the watercourse to minimize the risk of an inadvertent release and scouring of the stream bed to the depth of the pipe. Determine failure-threshold criteria to indicate when a trenchless crossing method has failed and construction works will be stopped. Examples of failure-threshold criteria may include: An in-water frac-out that cannot be contained or mitigated; or Schedule delays resulting from unexpected equipment failure or weather. Determine an alternative crossing method (i.e., contingency crossing plan) in the event the trenchless crossing method is not successful. Locate the entry and exit points (i.e., bell holes) back from the channel, beyond the HWM, to allow containment of any sediment or deleterious substances above the HWM. Reclaim (i.e., backfill and pack) bell holes to pre-construction conditions. 6.5

86 Crossing Mitigation Measures Pressurized Mud System In addition to the general measures outlined in Section 6.1 and Section 6.2.1, the following mitigation measures will be implemented when using a trenchless pipeline crossing method with a pressurized mud system (i.e., directional drilling or direct pipe): Implement measures to prevent drilling fluids and additives from entering the watercourse (i.e., containment measures). Develop and implement a Frac-out Monitoring and Response Plan that outlines measures to: Monitor the watercourse to detect signs of seepage of drilling mud onto the ground or into surface waters (i.e., a frac-out) during all phases of construction. Criteria for stopping drilling operations in the event a frac-out is detected. Contain and clean a drilling mud release, including materials required on-site. Notification of applicable authorities and criteria for work re-start. Dispose of excess drilling mud, cuttings and other waste materials at an adequately sized disposal facility located away from the water to prevent it from entering the watercourse. Regional and/or provincial guidelines for the disposal of excess drilling mud, cuttings and other waste materials should also be consulted No Pressurized Mud System In addition to the general measures outlined in Section 6.1 and Section 6.2.1, the following mitigation measures will be implemented when using a trenchless pipeline crossing method without a pressurized mud system (i.e., punch and bore or pipe ramming): When dewatering bell holes (if required), remove suspended solids by diverting water into a vegetated area or settling basin, and prevent sediment and other deleterious substances from entering the watercourse. Develop and implement a Monitoring and Response Plan that outlines measures to: Monitor the watercourse to detect signs of malfunction or failure (i.e., release of sediment-laden water or dewatering of the stream into the bell holes) during all phases of construction. Stop crossing operations in the event a malfunction or failure is detected. Contain and clean a sediment release, including materials required on-site. Notify all applicable authorities and identify criteria for work re-start. 6.6

87 Crossing Mitigation Measures Clear-Span Aerial In addition to the general measures outlined in Section 6.1, the following mitigation measures will be implemented when using a trenchless Clear-Span Aerial crossing method: Establish an appropriate vegetative buffer (i.e., set-back) from the HWM and locate all temporary workspaces outside the buffer. Locate the entry and exit points (i.e., bell holes) back from the channel, above the HWM, to allow containment of any sediment or deleterious substances. Reclaim (i.e., backfill and pack) bell holes to pre-construction conditions. Ensure the clear-span aerial structure, including supports, footings, and/or armoring is built entirely above the HWM. Ensure that there is no alteration of the channel bed or banks, or infilling of the channel. If a one-time ford watercourse crossing (i.e., non-clear-span crossing method) is required for the placement of a clear-span bridge, see Section for Fordspecific mitigation Non Clear-Span Aerial In addition to the general measures outlined in Section 6.1 and Section , the following mitigation measures will be implemented for the non clear-span portion(s) when using a trenchless Non Clear-Span Aerial crossing method: Ensure that all in-channel activities, or associated in-channel structures do not interfere with fish passage, constrict the channel width, or reduce flows. Ensure that no in-channel or in-stream activities take place or in-stream structures are installed in critical habitat of a listed aquatic species at risk or where SARA-listed shellfish occur. Avoid installing structures in the riparian area if the riparian area is identified as critical habitat for a listed aquatic species at risk. Minimize in water work area where instream structures will be installed. If an isolation structure is required to install instream structures, use appropriate isolation methods and materials to minimize disturbance to the bed and banks of the watercourse or water body. Specific isolation methods and materials may be dependent on the location and timing of the crossing. 6.7

88 Crossing Mitigation Measures Before isolation and dewatering works commence, retain a qualified environmental professional to ensure applicable permits, particularly SARA permits, for relocating fish are obtained and to capture any fish trapped within an isolated/enclosed area at the work site and safely relocate them to an appropriate location in the same waters. Fish may need to be relocated again, should flooding occur on the site. Any capture and relocation of listed aquatic species at risk will require approval from DFO. Pump sediment laden dewatering discharge into a vegetated area or settling basin, and prevent sediment and other deleterious substances from entering a watercourse or water body. For example, pumping/diversion of water to a vegetated area, construction of a settling basin or other filtration system. The water diverted around the crossing site must be returned to the water body downstream of the crossing site. Where ice is present on the water body, the diverted water must be returned to the water body downstream of the crossing site, under the ice. Protect pump discharge area(s) to prevent erosion and the release of suspended sediments downstream, and remove this material when the works have been completed. Screen any water intakes pipes to prevent entrainment or impingement of fish. Entrainment occurs when a fish is drawn into a water intake and cannot escape. Impingement occurs when an entrapped fish is held in contact with the intake screen and is unable to free itself. In freshwater, follow these measures for design and installation of intake end of pipe fish screens to protect fish where water is extracted from fish-bearing waters (DFO 1995; DFO 2016): Screens should be located in areas and depths of water with low concentrations of fish throughout the year. Screens should be located away from natural or artificial structures that may attract fish that are migrating, spawning, or in rearing habitat. The screen face should be oriented in the same direction as the flow. Ensure openings in the guides and seals are less than the opening criteria to make fish tight. Intakes should be installed in a manner that prevents the uptake or entrainment of sediment and aquatic organisms associated with the bottom area. Screens should be located a minimum of 300 mm (12 in.) above the bottom of the watercourse. If the water depth is less than 300 mm (12 in.), additional measures may need to be implemented (e.g., using a screen basket with a solid bottom). Structural support should be provided to the screen panels to prevent sagging and collapse of the screen. 6.8

89 Crossing Mitigation Measures Large cylindrical and box-type screens should have a manifold installed in them to ensure even water velocity distribution across the screen surface. The ends of the structure should be made out of solid materials and the end of the manifold capped. Heavier cages or trash racks can be fabricated out of bar or grating to protect the finer fish screen, especially where there is debris loading (woody material, leaves, algae mats, etc.). A150 mm (6 in.) spacing between bars is typical. Provision should be made for the removal, inspection, and cleaning of screens. Ensure regular maintenance and repair of cleaning apparatus, seals, and screens is carried out to prevent debris-fouling and impingement of fish. Pumps should be shut down when fish screens are removed for inspection and cleaning. Remove accumulated sediment and excess spoil from the isolated area before removing the isolation. When removing the isolation, gradually remove the downstream dam first, to equalize water levels inside and outside of the isolated area and to allow suspended sediments to settle prior to removing the upstream dam. If replacement rock reinforcement/armouring is required to stabilize eroding or exposed areas, then ensure that appropriately-sized, clean rock is used; and that rock is installed at a similar slope to maintain a uniform bank/shoreline and natural stream/shoreline alignment. Temporary instream structures will be removed prior to the spring freshet, or if required due to local community requests or other reasons; unless the crossing has been constructed above the annual spring high water levels Trench Method General Trench Method In critical habitat of listed aquatic species at risk, the choice of the general trench method should undergo a DFO review. In addition to the general construction measures outlined in Section 6.1, the following mitigation measures will be implemented when using a trench pipeline crossing method: Remove ice (if present at the time of construction) prior to trenching activities and in a manner that does not disturb or scour the channel bed. Store materials excavated from the trench above the HMW until the materials can be backfilled into the trench. The top 10 to 50 cm of channel substrate should be stored separately and replaced during backfilling, where practical. 6.9

90 Crossing Mitigation Measures Backfill the trench with material of the same quality and gradation that was removed. Restore bed and banks of the watercourse or water body to their original contour and gradient; if the original gradient cannot be restored due to instability, a stable gradient that does not obstruct fish passage (if applicable) should be restored. When using an isolated crossing method, this is completed while the isolation is still in place. If replacement rock reinforcement or armouring is required to stabilize eroding or exposed areas, ensure that appropriately-sized, clean rock is used; and that rock is installed at a similar slope to maintain a uniform bank/shoreline and natural stream/shoreline alignment. Minimize in water work area where trenched crossing will be constructed Dry or Frozen to Bottom Trench Method The dry or frozen to bottom trench method is only completed where the watercourse is dry or frozen to bottom at the time of crossing. No additional mitigation, further to those listed in is required Isolated Trench Method In addition to the general trench method measures outlined in Section , the following mitigation measures will be implemented when using a trench (isolated) pipeline crossing method: Use appropriate isolation materials and designs to minimize disturbance to the bed and banks of the watercourse or water body. Specific isolation design and materials may be dependent on the location and timing of the crossing. Before isolation and dewatering works commence, retain a qualified environmental professional to ensure applicable permits, particularly SARA permits, for relocating fish are obtained and to capture any fish trapped within an isolated/enclosed area at the work site and safely relocate them to an appropriate location in the same waters. Fish may need to be relocated again, should flooding occur on the site. Any capture and relocation of listed aquatic species at risk will require approval from DFO. Pump sediment laden dewatering discharge into a vegetated area or settling basin, and prevent sediment and other deleterious substances from entering a watercourse or water body. For example, pumping/diversion of water to a vegetated area or constructing a settling basin or other filtration system. The water diverted around the crossing site must be returned to the water body downstream of the crossing site. 6.10

91 Crossing Mitigation Measures Where ice is present on the water body, the diverted water must be returned to the water body downstream of the crossing site, under the ice. Protect pump discharge area(s) to prevent erosion and the release of suspended sediments downstream, and remove this material when the works have been completed. Screen any water intake pipes to prevent entrainment or impingement of fish. Entrainment occurs when a fish is drawn into a water intake and cannot escape. Impingement occurs when an entrapped fish is held in contact with the intake screen and is unable to free itself. In freshwater, follow these measures for design and installation of intake end of pipe fish screens to protect fish where water is extracted from fish-bearing waters (DFO 1995; DFO 2016): Screens should be located in areas and depths of water with low concentrations of fish throughout the year. Avoid placing water intakes/screens in areas of the channel that are used as migratory corridors by fish, where possible. Additional protection measures (e.g., barrier nets) may also be required. Screens should be located away from natural or artificial structures that may attract fish that are migrating, spawning, or in rearing habitat. The screen face should be oriented in the same direction as the flow. Ensure openings in the guides and seals are less than the opening criteria to make fish tight. Intakes should be installed in a manner that prevents the uptake or entrainment of sediment and aquatic organisms associated with the bottom area. Screens should be located a minimum of 300 mm (12 in.) above the bottom of the watercourse. If the water depth is less than 300 mm (12 in.), additional measures may need to be implemented (e.g., using a screen basket with a solid bottom). Structural support should be provided to the screen panels to prevent sagging and collapse of the screen. Large cylindrical and box-type screens should have a manifold installed in them to ensure even water velocity distribution across the screen surface. The ends of the structure should be made out of solid materials and the end of the manifold capped. Heavier cages or trash racks can be fabricated out of bar or grating to protect the finer fish screen, especially where there is debris loading (woody material, leaves, algae mats, etc.). A150 mm (6 in.) spacing between bars is typical. Provision should be made for the removal, inspection, and cleaning of screens. Ensure regular maintenance and repair of cleaning apparatus, seals, and screens is carried out to prevent debris-fouling and impingement of fish. Pumps should be shut down when fish screens are removed for inspection and cleaning. 6.11

92 Crossing Mitigation Measures Remove accumulated sediment and excess spoil from the isolated area before removing the isolation. When removing the isolation, gradually remove the downstream dam first, to equalize water levels inside and outside of the isolated area and to allow suspended sediments to settle prior to removing the upstream dam Dam and Pump Isolations In addition to the isolated trench method measures outlined in Section , the following measures will be implemented when using a dam and pump (or equivalent) trench (isolation) pipeline crossing method: Conduct a rescue of fish which may be trapped within the isolated area and place downstream of isolated area. Ensure pump intakes are operated in a manner that prevents disturbance to the channel bed and entrainment or impingement of fish. Ensure the pumping system is sized to accommodate any expected high flows of the watercourse during the construction period. Pumps should be monitored at all times to ensure constant maintenance of flow downstream, and back-up pumps should be readily available on-site in case of pump failure. Protect pump discharge area(s) to prevent erosion and the release of suspended sediments downstream, and remove this material when the works have been completed. When removing the isolation, gradually remove the downstream dam first, to equalize water levels inside and outside of the isolated area and to allow suspended sediments to settle. During the final removal of isolation, complete any restoration of the original channel shape, bottom gradient and substrate where the dams were located Flume Isolations In addition to the isolated trench method measures outlined in Section , the following measures will be implemented when using a flume (or equivalent) trench (isolation) pipeline crossing method: Ensure flume, including dams or wing walls (if applicable), is installed in a manner that prevents disturbance to the channel bed. Ensure the flume is sized to accommodate any expected high flows of the watercourse during the construction period. The flume, including dams or wing walls (if applicable), should be monitored at all times, and contingency measures and materials should be developed and on site in case of a failure. 6.12

93 Crossing Mitigation Measures Protect the flume outflow area to prevent erosion and the release of suspended sediments downstream, and remove this material when the works have been completed. When removing the isolation, gradually remove the downstream dam/wing wall first, to equalize water levels inside and outside of the isolated area and to allow suspended sediments to settle. During the final removal of isolation, restore the original channel shape, bottom gradient and substrate at these locations Coffer Dam Isolations In addition to the isolated trench method measures outlined in Section , the following measures will be implemented when using a coffer dam (or equivalent) trench (isolation) pipeline method: Use non-earthen material, such as water-inflated portable dams, pea gravel bags, concrete blocks, steel or wood wall, clean rock, sheet pile or other appropriate designs, to separate the dewatered work site from flowing water. If granular material is used to build dams, use clean or washed material that is adequately sized (i.e., moderately sized rock and not sand or gravel) to withstand anticipated flows during the construction. If necessary, line the outside face of dams with heavy poly-plastic to make them impermeable to water. Material to build these dams should not be taken from below the HWM of any water body Non-Isolated Trench Method The general trench method measures outlined in Section are applicable to non-isolated trench crossings Mixed Method Bottom Pull The bottom pull method includes construction methods associated with isolated trench method at the banks where the pipeline enters and exits the watercourse or waterbody; therefore, the general trench method measures outlined in Section are applicable to bottom pull crossings for the areas along the banks. In addition, the general isolated trench method measures outlined in Section are also applicable to bottom pull crossings. Finally, the applicable isolated trench methods outlined in Sections (Dam and Pump), (Flume), and (Coffer Dam) are applicable to bottom pull crossings and is dependent on the isolation method used. 6.13

94 Crossing Mitigation Measures 6.3 TEMPORARY VEHICLE CROSSINGS Temporary vehicle crossings are intended to support construction of a pipeline and are typically only in use for a single season Bridge Crossings General Bridge Method In addition to the general construction measures outlined in Section 6.1, the following mitigation measures are applicable to temporary bridge methods: Design the bridge so that storm water runoff from the bridge deck, side slopes and approaches is directed into a retention pond or vegetated area to remove suspended solids, dissipate velocity, and prevent sediment and other deleterious substances from entering the watercourse. Where a bridge crossing is constructed using native timber, ensure that: Logs used in construction are de-limbed. Except where fill material is ice or snow, fill material placed on the bridge deck is held in place and separated from the deck by a geotextile fabric or natural mat that is impermeable to soil movement. Removal of the fill material and mat will precede removal of the bridge structure. Bridge crossings will be removed prior to the spring freshet, or if required due to community or other reasons; unless the crossing has been constructed above the annual spring high water levels. Avoid dredging or excavation where critical habitat or residences of listed aquatic species at risk occur, or endangered or threatened shellfish occur. Avoid placing scaffolding or support structures directly on the bed of the watercourse where SARA-listed shellfish occur Clear-Span Bridge In addition to the general spanned bridge method measures outlined in Section 6.1 and Section , the following mitigation measures are applicable to clear-span bridge (or equivalent) methods: Ensure the single-span bridge structure, including approaches, abutments, footings, and armoring is built entirely above the HWM. Ensure that there is no alteration of the channel bed or banks, or infilling of the channel. A ford of the watercourse is sometimes required in the placement of a clear-span bridge. See Section Ford for further mitigation if required. 6.14

95 Crossing Mitigation Measures Non Clear-Span Crossings In addition to the general spanned bridge method measures outlined in Section 6.1 and , the following mitigation measures are applicable to non clear-span bridge (or equivalent) methods where one or multiple components (e.g., approaches, abutments, footings/piles, and armoring) are built below the HWM: Ensure that all in-channel activities, or associated in-channel structures do not interfere with fish passage, constrict the channel width, or reduce flows. Minimize in water work area where instream structures will be installed. Ensure that no in-channel or in-stream activities take place or in-stream structures are installed in critical habitat of a listed aquatic species at risk or where SARA-listed shellfish occur. Avoid installing structures in the riparian area if the riparian area is identified as critical habitat for a listed aquatic species at risk. Where logs are used as instream structures: The logs are clean and securely bound together so they can be easily removed. No logs or woody debris are to be left within the water body or on the banks or shoreline where they can wash back into the water body. If an isolation structure is required to install instream structures, use appropriate isolation methods and materials to minimize disturbance to the bed and banks of the watercourse or water body. Specific isolation methods and materials may be dependent on the location and timing of the crossing. Before isolation and dewatering works commence, retain a qualified environmental professional to ensure applicable permits, particularly SARA permits, for relocating fish are obtained and to capture any fish trapped within an isolated/enclosed area at the work site and safely relocate them to an appropriate location in the same waters. Fish may need to be relocated again, should flooding occur on the site. Any capture and relocation of listed aquatic species at risk will require approval from DFO. Pump sediment laden dewatering discharge into a vegetated area or settling basin, and prevent sediment and other deleterious substances from entering a watercourse or water body. For example, pumping/diversion of water to a vegetated area, construction of a settling basin or other filtration system. The water diverted around the crossing site must be returned to the water body downstream of the crossing site. Where ice is present on the water body, the diverted water must be returned to the water body downstream of the crossing site, under the ice. Protect pump discharge area(s) to prevent erosion and the release of suspended sediments downstream, and remove this material when the works have been completed. 6.15

96 Crossing Mitigation Measures Screen any water intakes pipes to prevent entrainment or impingement of fish. Entrainment occurs when a fish is drawn into a water intake and cannot escape. Impingement occurs when an entrapped fish is held in contact with the intake screen and is unable to free itself. In freshwater, follow these measures for design and installation of intake end of pipe fish screens to protect fish where water is extracted from fish-bearing waters (DFO 1995; DFO 2016): Screens should be located in areas and depths of water with low concentrations of fish throughout the year. Screens should be located away from natural or artificial structures that may attract fish that are migrating, spawning, or in rearing habitat. The screen face should be oriented in the same direction as the flow. Ensure openings in the guides and seals are less than the opening criteria to make fish tight. Intakes should be installed in a manner that prevents the uptake or entrainment of sediment and aquatic organisms associated with the bottom area. Screens should be located a minimum of 300 mm (12 in.) above the bottom of the watercourse. If the water depth is less than 300 mm (12 in.), additional measures may need to be implemented (e.g., using a screen basket with a solid bottom). Structural support should be provided to the screen panels to prevent sagging and collapse of the screen. Large cylindrical and box-type screens should have a manifold installed in them to ensure even water velocity distribution across the screen surface. The ends of the structure should be made out of solid materials and the end of the manifold capped. Heavier cages or trash racks can be fabricated out of bar or grating to protect the finer fish screen, especially where there is debris loading (woody material, leaves, algae mats, etc.). A150 mm (6 in.) spacing between bars is typical. Provision should be made for the removal, inspection, and cleaning of screens. Ensure regular maintenance and repair of cleaning apparatus, seals, and screens is carried out to prevent debris-fouling and impingement of fish. Pumps should be shut down when fish screens are removed for inspection and cleaning. Remove accumulated sediment and excess spoil from the isolated area before removing the isolation. When removing the isolation, gradually remove the downstream dam first, to equalize water levels inside and outside of the isolated area and to allow suspended sediments to settle prior to removing the upstream dam. 6.16

97 Crossing Mitigation Measures Restore bed and banks of the water body to their original contour and gradient; if the original gradient cannot be restored due to instability, a stable gradient that does not obstruct fish passage should be restored. This is completed while the isolation is still in place. If replacement rock reinforcement/armouring is required to stabilize eroding or exposed areas, then ensure that appropriately-sized, clean rock is used; and that rock is installed at a similar slope to maintain a uniform bank/shoreline and natural stream/shoreline alignment. Instream structures will be removed prior to the spring freshet, or if required due to local community requests or other reasons; unless the crossing has been constructed above the annual spring high water levels Ice Bridge & Snow Fills In addition to the general construction measures outlined in Section 6.1, the following mitigation measures are applicable to the temporary ice bridge or snow fill method. In some circumstances, an engineered design and associated approvals may be required: Ensure that all in-channel activities, or associated in-channel structures (if applicable), do not interfere with fish passage, constrict the channel width, or reduce flows. Ensure that no in-channel or in-stream activities take place or in-stream structures are installed in critical habitat of a listed aquatic species at risk or where SARA-listed shellfish occur. Construct ice bridge and snow fill approaches using clean, compacted snow and ice to a sufficient depth to protect the banks of the lake, river or stream. Where logs are used to stabilize the approaches of an ice bridge or snow fill: The logs are clean and securely bound together so they can be easily removed. No logs or woody debris are to be left within the water body or on the banks or shoreline where they can wash back into the water body. 6.17

98 Crossing Mitigation Measures If water is being pumped from a lake or river (or other water body or watercourse) to build up the bridge, the intakes are sized and adequately screened to prevent debris blockage and entrainment or impingement of fish. Entrainment occurs when a fish is drawn into a water intake and cannot escape. Impingement occurs when an entrapped fish is held in contact with the intake screen and is unable to free itself. In freshwater, follow these measures for design and installation of intake end of pipe fish screens to protect fish where water is extracted from fish-bearing waters (DFO 1995; DFO 2016): Water will be removed from the lake or river at a rate less than 10% of the instantaneous flow. Screens should be located in areas and depths of water with low concentrations of fish throughout the year. Avoid placing water intakes/screens in areas of the channel that are used as migratory corridors by fish, where possible. Additional protection measures (e.g., barrier nets) may also be required. Screens should be located away from natural or artificial structures that may attract fish that are migrating, spawning, or in rearing habitat. The screen face should be oriented in the same direction as the flow. Ensure openings in the guides and seals are less than the opening criteria to make fish tight. Intakes should be installed in a manner that prevents the uptake or entrainment of sediment and aquatic organisms associated with the bottom area. Screens should be located a minimum of 300 mm (12 in.) above the bottom of the watercourse. If the water depth is less than 300 mm (12 in.), additional measures may need to be implemented (e.g., using a screen basket with a solid bottom). Structural support should be provided to the screen panels to prevent sagging and collapse of the screen. Large cylindrical and box-type screens should have a manifold installed in them to ensure even water velocity distribution across the screen surface. The ends of the structure should be made out of solid materials and the end of the manifold capped. Heavier cages or trash racks can be fabricated out of bar or grating to protect the finer fish screen, especially where there is debris loading (woody material, leaves, algae mats, etc.). A150 mm (6 in.) spacing between bars is typical. Provision should be made for the removal, inspection, and cleaning of screens. Ensure regular maintenance and repair of cleaning apparatus, seals, and screens is carried out to prevent debris-fouling and impingement of fish. Pumps should be shut down when fish screens are removed for inspection and cleaning. 6.18

99 Crossing Mitigation Measures When the crossing season is over and where it is safe to do so, create a v-notch in the centre of the ice bridge to allow it to melt from the centre and also to prevent blocking fish passage, channel erosion and flooding. Compacted snow should be removed from snow fills prior to the spring freshet Culvert In addition to the non clear-span crossing method measures outlined in Section 6.3.2, the following mitigation measures are applicable to the temporary culvert (or equivalent) method. In some circumstances, an engineered design and associated approvals may be required: The culvert must be of an appropriate size and constructed in a manner to accommodate flows expected during the period of use so that any back-flooding does not result in damage to public and private land and property. The culvert must be of an appropriate size and constructed in a manner that will accommodate both upstream and downstream passage of resident fish populations. Minimize in water work area where isolation will be constructed. When installing the culvert, use appropriate isolation methods and materials to minimize disturbance to the bed and banks of the watercourse or water body. Specific isolation methods and materials may be dependent on the location and timing of the crossing. Before isolation and dewatering works commence, retain a qualified environmental professional to ensure applicable permits, particularly SARA permits, for relocating fish are obtained and to capture any fish trapped within an isolated/enclosed area at the work site and safely relocate them to an appropriate location in the same waters. Fish may need to be relocated again, should flooding occur on the site. Any capture and relocation of listed aquatic species at risk will require approval from DFO. Pump sediment laden dewatering discharge into a vegetated area or settling basin, and prevent sediment and other deleterious substances from entering a watercourse or water body. For example, pumping/diversion of water to a vegetated area, construction of a settling basin or other filtration system. The water diverted around the crossing site must be returned to the water body downstream of the crossing site. 6.19

100 Crossing Mitigation Measures Where ice is present on the water body, the diverted water must be returned to the water body downstream of the crossing site, under the ice. Protect pump discharge area(s) to prevent erosion and the release of suspended sediments downstream, and remove this material when the works have been completed. Screen any water intakes pipes to prevent entrainment or impingement of fish. Entrainment occurs when a fish is drawn into a water intake and cannot escape. Impingement occurs when an entrapped fish is held in contact with the intake screen and is unable to free itself. In freshwater, follow these measures for design and installation of intake end of pipe fish screens to protect fish where water is extracted from fish-bearing waters (DFO 1995; DFO 2016): Screens should be located in areas and depths of water with low concentrations of fish throughout the year. Screens should be located away from natural or artificial structures that may attract fish that are migrating, spawning, or in rearing habitat. The screen face should be oriented in the same direction as the flow. Ensure openings in the guides and seals are less than the opening criteria to make fish tight. Intakes should be installed in a manner that prevents the uptake or entrainment of sediment and aquatic organisms associated with the bottom area. Screens should be located a minimum of 300 mm (12 in.) above the bottom of the watercourse. If the water depth is less than 300 mm (12 in.), additional measures may need to be implemented (e.g., using a screen basket with a solid bottom). Structural support should be provided to the screen panels to prevent sagging and collapse of the screen. Large cylindrical and box-type screens should have a manifold installed in them to ensure even water velocity distribution across the screen surface. The ends of the structure should be made out of solid materials and the end of the manifold capped. Heavier cages or trash racks can be fabricated out of bar or grating to protect the finer fish screen, especially where there is debris loading (woody material, leaves, algae mats, etc.). A150 mm (6 in.) spacing between bars is typical. Provision should be made for the removal, inspection, and cleaning of screens. Ensure regular maintenance and repair of cleaning apparatus, seals, and screens is carried out to prevent debris-fouling and impingement of fish. Pumps should be shut down when fish screens are removed for inspection and cleaning. Remove accumulated sediment and excess spoil from the isolated area before removing the isolation. 6.20

101 Crossing Mitigation Measures When removing the isolation, gradually remove the downstream dam first, to equalize water levels inside and outside of the isolated area and to allow suspended sediments to settle prior to removing the upstream dam. Restore bed and banks of the water body to their original contour and gradient; if the original gradient cannot be restored due to instability, a stable gradient that does not obstruct fish passage should be restored. This is completed while the isolation is still in place. If replacement rock reinforcement/armouring is required to stabilize eroding or exposed areas, then ensure that appropriately-sized, clean rock is used; and that rock is installed at a similar slope to maintain a uniform bank/shoreline and natural stream/shoreline alignment. Culvert crossings will be removed prior to the spring freshet, or if required due to local community requests or other reasons; unless the crossing has been constructed above the annual spring high water levels Log Fill In addition to the non clear-span crossing method measures outlined in Section 6.3.2, the following mitigation measures are applicable to the temporary log fill (or equivalent) method: Where a log fill is constructed using native timber, ensure that: Logs used in construction are de-limbed. Except where fill material is ice or snow, fill material placed on the bridge deck is held in place and separated from the deck by a geotextile fabric or natural mat that is impermeable to soil movement. Removal of the fill material and mat will precede removal of the log fill structure. Log fill crossings will be removed prior to the spring freshet, or if required due to local community requests or other reasons Ford In addition to the non clear-span crossing method measures outlined in Section 6.3.2, use stream bank and bed protection methods (e.g., swamp mats, pads) if minor rutting is likely to occur during fording. Fording should not be done where SARA-listed shellfish occur, or critical habitat or residences of freshwater listed aquatic species at risk occur. 6.21

102 Crossing Mitigation Measures 6.22

103 Crossing Mitigation Measures Table 6-1 Mitigation Measures to Avoid Serious Harm To Fish And Prohibited Effects On Species At Risk Breakpoint Linkages to DFO s Pathways of Effects (PoE) Mitigation Type Mitigation Description Applicable PoE Breakpoint General Construction Measures (GCM) Timing Time works in water with respect to the timing windows to protect fish during sensitive time periods. BP6.1, BP6.3, BP6.4, BP9.1, BP11.1, BP11.2, BP11.3 Operation of Machinery Erosion and Sediment Control Minimize the duration of in-water work. Conduct instream work during periods of low flow, to further reduce the risk to fish and their habitat or to allow work in water to be isolated from flows. Schedule work to avoid wet, windy and rainy periods that may increase erosion and sedimentation. Ensure that machinery arrives on site in a clean condition and is maintained free of fluid leaks, invasive species and noxious weeds. Develop and implement a Containment and Spill Management Plan that minimizes risk of accidental spills or releases from entering a watercourse or water body during all phases of the crossing. Whenever possible, operate machinery on land above the HWM, on ice, or from a floating barge in a manner that minimizes disturbance to the banks and bed of the water body. Use temporary crossing structures or other practices to cross watercourses with steep and/or highly erodible (e.g., dominated by organic materials and silts) banks and beds. Wash, refuel and service machinery and store fuel and other materials for the machinery in such a way as to prevent any deleterious substances from entering the water. Remove all construction materials from site upon crossing completion. Limit machinery fording of the watercourse to a one-time event (i.e., over and back), and only if no alternative crossing method is available. Fording should not be done where SARA-listed shellfish occur, or critical habitat or residences of freshwater SARA-listed aquatic species occur. If repeated crossings of the watercourse are required, or critical habitat, residences, or SARA-listed shellfish occur, construct a temporary crossing structure. Installation of effective erosion and sediment control measures before starting work to prevent sediment from entering the water body. Regular inspection and maintenance of erosion and sediment control measures and structures during the course of construction. Repairs to erosion and sediment control measures and structures, if damage occurs. Removal of non-biodegradable erosion and sediment control materials once site is stabilized. Measures for managing water flowing onto the site, as well as water being pumped or diverted from the site, such that sediment is filtered out prior to the water entering a water body. Measures for site isolation (e.g., silt boom or silt curtain) for containing suspended sediment, if in water work is required. Measures for containing and stabilizing waste material (e.g., dredging spoils, construction waste and materials, commercial logging waste, uprooted or cut aquatic plants, accumulated debris) above the HWM of nearby watercourses and/or water bodies to prevent re-entry. BP6.1, BP6.3, BP6.4, BP9.1, BP11.1, BP11.2, BP11.3 BP6.1, BP6.3, BP8.3, BP9.1, BP11.2, BP11.3, B12.1, B12.2, B12.3, B12.4 BP2.1, BP3.2, BP3.4, BP4.3, BP4.4, BP4.5, BP8.3 BP6.4 BP6.4. BP6.5 BP1.2, BP1.3, BP2.1, BP3.2, BP6.1, BP6.2, BP6.3, BP6.4, BP8.2, BP8.3, BP8.4 BP3.2, BP6.2 BP6.4 BP7.1, BP7.2, BP7.3, BP8.1, BP9.1, BP9.2 BP6.1, BP6.2, BP6.3, BP6.4 BP1.2, BP1.3, BP1.4, BP2.1, BP2.3, BP2.4, BP3.1, BP4.1, BP4.2, BP4.3, BP7.2, BP7.3, BP7.4, BP8.1, BP8.2, BP8.3, BP12.4 BP1.3, BP1.5,BP4.2, BP3.4, BP4.3, BP4.4, BP8.3, BP12.1 BP6.3, BP8.3 BP1.3, BP1.5, BP4.5, BP

104 Crossing Mitigation Measures Table 6-1 Mitigation Measures to Avoid Serious Harm To Fish And Prohibited Effects On Species At Risk Breakpoint Linkages to DFO s Pathways of Effects (PoE) Mitigation Type Mitigation Description Applicable PoE Breakpoint GCM (continued) Erosion and Sediment Control (continued) Implement subsurface drainage controls, where appropriate, to maintain groundwater and surface water interactions and to maintain the stability of reclaimed land. The type and location of subsurface drainage controls should be determined through onsite investigation with considerations for: subsurface flow potential, erodibility of backfill materials, and degree of slope. Install trench breakers constructed of compacted impervious materials (e.g., sandbags, bentonite, urethane foam), where appropriate, to force bellhole seepage along the pipeline trench to the surface on steep slopes. Install trench breakers adjacent to watercourses, at edges of wetlands and on other similar sites where unconsolidated backfill or organic materials are prone to washing out. Install trench breakers on each side of a wetland where the pipeline trench crosses and may drain the wetland. Install subdrains or pole drains to divert shallow groundwater flow from the right-of-way and to improve slope stability. BP3.3, BP4.1 Maintenance and Reclamation Minimize the removal of natural woody debris, rocks, sand or other materials from the banks, the shoreline or the bed of the watercourse or water body below the HWM. If material is removed from the water body, set it aside and return it to the original location once construction activities are completed. If the area is critical habitat for aquatic listed species at risk, site-specific review by DFO is required. BP1.2, BP1.4, BP1.5, BP2.3, BP2.4, BP3.1, BP4.1, BP7.2, BP7.3, BP8.1, BP8.2, BP12.4 Revegetate areas with surface (i.e., terrestrial) disturbance following construction works. If there is insufficient time remaining in the growing season, the site should be stabilized (e.g., cover exposed areas with erosion control blankets to keep the soil in place and prevent erosion) and vegetated the following spring. BP1.2, BP1.3, BP1.4, BP1.5, BP2., BP2.4, BP3.4, BP4.4 Do not fertilize in the immediate vicinity of a watercourse unless requested by the landowner and approved by DFO, particularly if adjacent to critical habitat for aquatic listed species at risk. BP2.2 Revegetate streambanks and approach slopes with an appropriate native seed mix or erosion control mix. BP2.1, BP2.3, BP2.4 Develop specific procedures to prevent the invasion or spread of undesirable non-native vegetation (e.g., purple loosestrife, Eurasian milfoil). BP2.4, BP7.3 Use of Explosives If explosives are required as a component of a proposed works near water, follow DFO's Guidelines (found at Do not use explosives where SARA-listed aquatic species, their residences or critical habitat occur, without review by DFO. BP5.1 Riparian Vegetation Removal Design and construct approaches to the watercourse or water body such that they are perpendicular to the watercourse or water body to minimize loss or disturbance to riparian vegetation. Clearing of riparian vegetation should be kept to a minimum; use existing trails, roads or cut lines wherever possible to avoid disturbance to the riparian vegetation and prevent soil compaction. When practicable, prune or top the vegetation instead of grubbing/uprooting. BP1.2, BP1.3, BP1.4, BP1.5, BP3.1, BP3.2, BP3.3, BP8.4 BP1.3, BP1.4 Do not use herbicides for clearing or maintenance of riparian vegetation unless approved by DFO. Do not remove riparian vegetation if the riparian area is identified as part of critical habitat of an aquatic listed species at risk. BP1.1 GCM (applicable) Pipeline Crossings Trenchless Method Establish an appropriate vegetative buffer (i.e., set-back) from the HWM and locate all temporary workspaces outside the buffer. If the riparian area is identified as critical habitat for a listed aquatic species at risk, all temporary workspaces should be located outside of the riparian area. BP1.6, BP3.5, BP4.3, BP4.4, BP4.5, BP6.6 Design the alignment of the crossing to an appropriate depth below the watercourse to minimize the risk of an inadvertent release and scouring of the stream bed to the depth of the pipe. BP6.5 Determine failure-threshold criteria to indicate when a trenchless crossing method has failed and construction works will be stopped. Examples of failure-threshold criteria may include: An in-water frac-out that cannot be contained or mitigate; or Schedule delays) resulting from unexpected equipment failure or weather. BP6.5 Determine an alternative crossing method (i.e., contingency crossing plan) in the event the trenchless crossing method is not successful. BP

105 Crossing Mitigation Measures Table 6-1 Mitigation Measures to Avoid Serious Harm To Fish And Prohibited Effects On Species At Risk Breakpoint Linkages to DFO s Pathways of Effects (PoE) GCM (applicable) (continued) Pipeline Crossings (continued) Mitigation Type Mitigation Description Applicable PoE Breakpoint Trenchless Method (continued) Locate the entry and exit points (i.e., bell holes) back from the channel, beyond the HWM, to allow containment of any sediment or deleterious substances above the HWM. Reclaim (i.e., backfill and pack) bell holes to pre-construction conditions. If water is being pumped from a lake or river as an additive to drilling fluids, the intakes are sized and adequately screened to prevent debris blockage and entrainment or impingement of fish. Entrainment occurs when a fish is drawn into a water intake and cannot escape. Impingement occurs when an entrapped fish is held in contact with the intake screen and is unable to free itself. In freshwater, follow these measures for design and installation of intake end of pipe fish screens to protect fish where water is extracted from fish-bearing waters: Water will be removed from the lake or river at a rate less than 10% of the instantaneous flow. Screens should be located in areas and depths of water with low concentrations of fish throughout the year. Screens should be located away from natural or artificial structures that may attract fish that are migrating, spawning, or in rearing habitat. The screen face should be oriented in the same direction as the flow. Ensure openings in the guides and seals are less than the opening criteria to make fish tight. Intakes should be installed in a manner that prevents the uptake or entrainment of sediment and aquatic organisms associated with the bottom area. Screens should be located a minimum of 300 mm (12 in.) above the bottom of the watercourse. If the water depth is less than 300 mm (12 in.), additional measures may need to be implemented (e.g., using a screen basket with a solid bottom). Structural support should be provided to the screen panels to prevent sagging and collapse of the screen. Large cylindrical and box-type screens should have a manifold installed in them to ensure even water velocity distribution across the screen surface. The ends of the structure should be made out of solid materials and the end of the manifold capped. Heavier cages or trash racks can be fabricated out of bar or grating to protect the finer fish screen, especially where there is debris loading (woody material, leaves, algae mats, etc.). A 150 mm (6 in.) spacing between bars is typical. Provision should be made for the removal, inspection, and cleaning of screens. Ensure regular maintenance and repair of cleaning apparatus, seals, and screens is carried out to prevent debris-fouling and impingement of fish. Pumps should be shut down when fish screens are removed for inspection and cleaning. Pressurized Implement measures to prevent drilling fluids and additives from entering the watercourse (i.e., containment measures). BP6.5 Non-Pressurized Develop and implement a Frac-out Monitoring and Response Plan that outlines measures to: Monitor the watercourse to detect signs of seepage of drilling mud onto the ground or into surface waters (i.e., a fracout) during all phases of construction. Criteria for stopping drilling operations in the event a frac-out is detected. Contain and clean a drilling mud release, including materials required on-site. Notification of applicable authorities and criteria for work re-start. Dispose of excess drilling mud, cuttings and other waste materials at an adequately sized disposal facility located away from the water to prevent it from entering the watercourse. Regional and/or provincial guidelines for the disposal of excess drilling mud, cuttings and other waste materials should also be consulted. When dewatering bell holes (if required), remove suspended solids by diverting water into a vegetated area or settling basin, and prevent sediment and other deleterious substances from entering the watercourse. Develop and implement a Monitoring and Response Plan that outlines measures to: Monitor the watercourse to detect signs of malfunction or failure (i.e., release of sediment-laden water or dewatering of the stream into the bell holes) during all phases of construction. Criteria to stop crossing operations in the event a malfunction or failure is detected. Contain and clean a sediment release, including materials required on-site. Notification of applicable authorities and criteria for work re-start. BP4.1, BP4.3, BP6.5 BP10.1, BP12.1, BP12.3 BP6.5 BP6.5 BP4.2, BP6.4, BP6.5 BP

106 Crossing Mitigation Measures Table 6-1 Mitigation Measures to Avoid Serious Harm To Fish And Prohibited Effects On Species At Risk Breakpoint Linkages to DFO s Pathways of Effects (PoE) Mitigation Type Mitigation Description Applicable PoE Breakpoint GCM (applicable) (continued) Pipeline (continued) Trench Method Remove ice (if present at the time of construction) prior to trenching activities and in a manner that doesn t disturb or scour the channel bed. Store materials excavated from the trench above the HMW until the materials can be backfilled into the trench. The top cm of channel substrate should be stored separately and replaced during backfilling. BP6.6, BP7.2, BP7.3, BP8.1, BP8.2, BP8.3, BP8.4 BP8.1, BP8.2, BP8.3 Backfill the trench with material of the same quality and gradation that was removed. BP4.3, BP4.4, BP8.1, BP8.2, BP8.3, BP8.4, BP12.4, Restore bed and banks of the watercourse of water body to their original contour and gradient; if the original gradient cannot be restored due to instability, a stable gradient that does not obstruct fish passage (if applicable) should be restored. BP3.2, BP3.3, BP7.1, BP7.3, BP8.1, BP8.2, BP11.1, BP11.2, BP11.3, BP12.4 If replacement rock reinforcement or armouring is required to stabilize eroding or exposed areas, ensure that appropriatelysized, clean rock is used; and that rock is installed at a similar slope to maintain a uniform bank/shoreline and natural stream/shoreline alignment. BP3.2, BP3.3, BP7.1, BP7.2, BP7.4, BP8.1, BP8.2, BP11.1, BP11.2, BP11.3 Minimize in water work area where trenched crossing will be constructed. BP7.1, BP7.2, BP7.3, BP8.1, BP8.2, BP8.3, BP8.4, BP12.1, BP12.2, BP12.3, BP12.4 Isolated Use appropriate isolation materials and designs to minimize disturbance to the bed and banks of the watercourse or water body. Specific isolation design and materials may be dependent on the location and timing of the crossing. BP7.1, BP7.2, BP7.3, BP8.1, BP8.2, BP8.3, BP12.1, BP12.2, BP12.3 Before isolation and dewatering works commence, retain a qualified environmental professional to ensure applicable permits, particularly SARA permits, for relocating fish are obtained and to capture any fish trapped within an isolated/enclosed area at the work site and safely relocate them to an appropriate location in the same waters. Fish may need to be relocated again, should flooding occur on the site. Any capture and relocation of listed aquatic species at risk will require approval from DFO. BP6.1, BP11.1, BP12.1, Pump sediment laden dewatering discharge into a vegetated area or settling basin, and prevent sediment and other deleterious substances from entering a watercourse or water body. For example, pumping/diversion of water to a vegetated area, construction of a settling basin or other filtration system. The water diverted around the crossing site must be returned to the water body downstream of the crossing site. Where ice is present on the water body, the diverted water must be returned to the water body downstream of the crossing site, under the ice. Protect pump discharge area(s) to prevent erosion and the release of suspended sediments downstream, and remove this material when the works have been completed. BP4.2, BP8.3, BP

107 Crossing Mitigation Measures Table 6-1 Mitigation Measures to Avoid Serious Harm To Fish And Prohibited Effects On Species At Risk Breakpoint Linkages to DFO s Pathways of Effects (PoE) Mitigation Type Mitigation Description Applicable PoE Breakpoint GCM (applicable) (continued) Pipeline (continued) Trench Method (continued) Isolated (continued) Screen any water intakes pipes to prevent entrainment or impingement of fish. Entrainment occurs when a fish is drawn into a water intake and cannot escape. Impingement occurs when an entrapped fish is held in contact with the intake screen and is unable to free itself. In freshwater, follow these measures for design and installation of intake end of pipe fish screens to protect fish where water is extracted from fish-bearing waters: Screens should be located in areas and depths of water with low concentrations of fish throughout the year. Avoid placing water intakes/screens in areas of the channel that are used as migratory corridors by fish, where possible. Additional protection measures (e.g., barrier nets) may also be required. Screens should be located away from natural or artificial structures that may attract fish that are migrating, spawning, or in rearing habitat. The screen face should be oriented in the same direction as the flow. Ensure openings in the guides and seals are less than the opening criteria to make fish tight. Intakes should be installed in a manner that prevents the uptake or entrainment of sediment and aquatic organisms associated with the bottom area. Screens should be located a minimum of 300 mm (12 in.) above the bottom of the watercourse. If the water depth is less than 300 mm (12 in.), additional measures may need to be implemented (e.g., using a screen basket with a solid bottom). Structural support should be provided to the screen panels to prevent sagging and collapse of the screen. Large cylindrical and box-type screens should have a manifold installed in them to ensure even water velocity distribution across the screen surface. The ends of the structure should be made out of solid materials and the end of the manifold capped. Heavier cages or trash racks can be fabricated out of bar or grating to protect the finer fish screen, especially where there is debris loading (woody material, leaves, algae mats, etc.). A150 mm (6 in.) spacing between bars is typical. Provision should be made for the removal, inspection, and cleaning of screens. Ensure regular maintenance and repair of cleaning apparatus, seals, and screens is carried out to prevent debris-fouling and impingement of fish. Pumps should be shut down when fish screens are removed for inspection and cleaning. When removing the isolation, gradually remove the downstream dam first, to equalize water levels inside and outside of the isolated area and to allow suspended sediments to settle prior to removing the upstream dam. BP10.1, BP12.1 Remove accumulated sediment and excess spoil from the isolated area before removing the isolation. BP8.3, 9.2 Dam and Pump Ensure pump intakes are operated in a manner that prevents disturbance to the channel bed and entrainment or impingement of fish. BP10.1, BP12.1, BP12.3 Ensure the pumping system is sized to accommodate any expected high flows of the watercourse during the construction period. BP12.1, BP12.2, BP12.3 Pumps should be monitored at all times, and back-up pumps should be readily available on-site in case of pump failure. BP10.1, BP12.1, BP12.2, BP12.3 Protect pump discharge area(s) to prevent erosion and the release of suspended sediments downstream, and remove this material when the works have been completed. BP12.3 When removing the isolation, gradually remove the downstream dam first, to equalize water levels inside and outside of the isolated area and to allow suspended sediments to settle. During the final removal of isolation, restore the original channel shape, bottom gradient and substrate at these locations. BP9.2 Flume Ensure flume, including dams or wing walls (if applicable), is installed in a manner that prevents disturbance to the channel bed. BP12.2, BP12.3 Ensure the flume is sized to accommodate any expected high flows of the watercourse during the construction period. BP12.1, BP12.2, BP12.3 The flume, including dams or wing walls (if applicable), should be monitored at all times, and contingency measures and materials should be developed and on site in case of a failure. BP12.1, BP12.2, BP12.3 Protect the flume outflow area to prevent erosion and the release of suspended sediments downstream, and remove this material when the works have been completed. BP

108 Crossing Mitigation Measures Table 6-1 Mitigation Measures to Avoid Serious Harm To Fish And Prohibited Effects On Species At Risk Breakpoint Linkages to DFO s Pathways of Effects (PoE) Mitigation Type Mitigation Description Applicable PoE Breakpoint GCM (applicable) Pipeline (continued) Trench Method (continued) Isolated (continued) Flume (continued) When removing the isolation, gradually remove the downstream dam/wing wall first, to equalize water levels inside and outside of the isolated area and to allow suspended sediments to settle. During the final removal of isolation, restore the original channel shape, bottom gradient and substrate at these locations. BP9.2 Coffer Dam Use non-earthen material, such as water-inflated portable dams, pea gravel bags, concrete blocks, steel or wood wall, clean rock, sheet pile or other appropriate designs, to separate the dewatered work site from flowing water. BP7.4 If granular material is used to build dams, use clean or washed material that is adequately sized (i.e., moderately sized rock and not sand or gravel) to withstand anticipated flows during the construction. If necessary, line the outside face of dams with heavy poly-plastic to make them impermeable to water. Material to build these dams should not be taken from below the HWM of any water body. BP7.4 Temporary Vehicle Crossing Spanned Bridge Design the bridge so that storm water runoff from the bridge deck, side slopes and approaches is directed into a retention pond or vegetated area to remove suspended solids, dissipate velocity, and prevent sediment and other deleterious substances from entering the watercourse. BP2.1, BP3.3 Where a bridge crossing is constructed using native timber, ensure that: Logs used in construction are de-limbed. Except where fill material is ice or snow, fill material placed on the bridge deck is held in place and separated from the deck by a geotextile fabric or natural mat that is impermeable to soil movement. Removal of the fill material and mat will precede removal of the bridge structure. BP7.4 Bridge crossings will be removed prior to the spring freshet, or if required due to community or other reasons; unless the crossing has been constructed above the annual spring high water levels. BP9.1, BP9.2, BP12.1, BP12.2, BP12.3 Clear-Span Ensure the single-span bridge structure, including approaches, abutments, footings, and armoring is built entirely above the HWM. Avoid installing structures in the riparian area if the riparian area is identified as critical habitat for a listed aquatic species at risk. BP1.2, BP3.1, 6.1, 6.2, 7.1, 7.2, 7.3, 9.1, 9.2, 11.1, 11.2, 11.3, 12.1, 12.2, 12.3 Ensure that there is no alteration of the channel bed or banks, or infilling of the channel. BP3.2 Ice Bridge and Snow Fill Ensure that all in-channel activities, or associated in-channel structures (if applicable), do not interfere with fish passage, constrict the channel width, or reduce flows. Ensure that no in-channel or in-stream activities take place or in-stream structures are installed in critical habitat of a listed aquatic species at risk or where SARA-listed shellfish occur. BP10.1, BP11.1, BP11.2, BP11.3, BP12.1, BP12.2, BP12.3 Construct ice bridge and snow fill approaches using clean, compacted snow and ice to a sufficient depth to protect the banks of the lake, river or stream. BP3.2, BP12.4 Where logs are used to stabilize the approaches of an ice bridge or snow fill: The logs are clean and securely bound together so they can be easily removed. No logs or woody debris are to be left within the water body or on the banks or shoreline where they can wash back into the water body. BP

109 Crossing Mitigation Measures Table 6-1 Mitigation Measures to Avoid Serious Harm To Fish And Prohibited Effects On Species At Risk Breakpoint Linkages to DFO s Pathways of Effects (PoE) Mitigation Type Mitigation Description Applicable PoE Breakpoint GCM (applicable) (continued) Temporary Vehicle Crossing (continued) Ice Bridge and Snow Fill (continued) If water is being pumped from a lake or river to build up the bridge, the intakes are sized and adequately screened to prevent debris blockage and entrainment or impingement of fish. Entrainment occurs when a fish is drawn into a water intake and cannot escape. Impingement occurs when an entrapped fish is held in contact with the intake screen and is unable to free itself. In freshwater, follow these measures for design and installation of intake end of pipe fish screens to protect fish where water is extracted from fish-bearing waters: Water will be removed from the lake or river at a rate less than 10% of the instantaneous flow. Screens should be located in areas and depths of water with low concentrations of fish throughout the year. Avoid placing water intakes/screens in areas of the channel that are used as migratory corridors by fish, where possible. Additional protection measures (e.g., barrier nets) may also be required. Screens should be located away from natural or artificial structures that may attract fish that are migrating, spawning, or in rearing habitat. The screen face should be oriented in the same direction as the flow. Ensure openings in the guides and seals are less than the opening criteria to make fish tight. Intakes should be installed in a manner that prevents the uptake or entrainment of sediment and aquatic organisms associated with the bottom area. Screens should be located a minimum of 300 mm (12 in.) above the bottom of the watercourse. If the water depth is less than 300 mm (12 in.), additional measures may need to be implemented (e.g., using a screen basket with a solid bottom). Structural support should be provided to the screen panels to prevent sagging and collapse of the screen. Large cylindrical and box-type screens should have a manifold installed in them to ensure even water velocity distribution across the screen surface. The ends of the structure should be made out of solid materials and the end of the manifold capped. Heavier cages or trash racks can be fabricated out of bar or grating to protect the finer fish screen, especially where there is debris loading (woody material, leaves, algae mats, etc.). A150 mm (6 in.) spacing between bars is typical. Provision should be made for the removal, inspection, and cleaning of screens. Ensure regular maintenance and repair of cleaning apparatus, seals, and screens is carried out to prevent debris-fouling and impingement of fish. Pumps should be shut down when fish screens are removed for inspection and cleaning. BP10.1, BP12.1, BP12.3 When the crossing season is over and where it is safe to do so, create a v-notch in the centre of the ice bridge to allow it to melt from the centre and also to prevent blocking fish passage, channel erosion and flooding. Compacted snow should be removed from snow fills prior to the spring freshet. BP11.1, BP11.2, BP11.3, BP12.1, BP12.2, BP12.3 Culvert The culvert must be of an appropriate size and constructed in a manner to accommodate flows expected during the period of use so that any back-flooding does not result in damage to public and private land and property. BP12.1, BP12.2, BP12.3 The culvert should be designed and installed in a manner that will accommodate the upstream and downstream passage of fish that may be present in the watercourse, if there was unimpeded passage prior to installation. Existing barriers to passage should be maintained so as to prevent invasive species from colonizing an area. BP11.1, BP11.2 Minimize in water work area where isolation will be constructed. BP7.1, BP7.2, BP7.3, BP6.6, BP12.1, BP12.3, BP12.4 Use appropriate isolation materials and designs to minimize disturbance to the bed and banks of the watercourse or water body. Specific isolation design and materials may be dependent on the location and timing of the crossing. BP7.1, BP7.2., BP12.1, BP12.3 Before isolation and dewatering works commence, retain a qualified environmental professional to ensure applicable permits, particularly SARA permits, for relocating fish are obtained and to capture any fish trapped within an isolated/enclosed area at the work site and safely relocate them to an appropriate location in the same waters. Fish may need to be relocated again, should flooding occur on the site. Any capture and relocation of listed aquatic species at risk will require approval from DFO. BP6.1, BP10.1, BP12.1, 6.29

110 Crossing Mitigation Measures Table 6-1 Mitigation Measures to Avoid Serious Harm To Fish And Prohibited Effects On Species At Risk Breakpoint Linkages to DFO s Pathways of Effects (PoE) GCM (applicable) (continued) Temporary Vehicle Crossing (continued) Mitigation Type Mitigation Description Applicable PoE Breakpoint Culvert (continued) Pump sediment laden dewatering discharge into a vegetated area or settling basin, and prevent sediment and other BP12.1, BP12.2, BP12.3 deleterious substances from entering a watercourse or water body. For example, pumping/diversion of water to a vegetated area, construction of a settling basin or other filtration system. The water diverted around the crossing site must be returned to the water body downstream of the crossing site. Where ice is present on the water body, the diverted water must be returned to the water body downstream of the crossing site, under the ice. Protect pump discharge area(s) to prevent erosion and the release of suspended sediments downstream, and remove this material when the works have been completed. Screen any water intakes pipes to prevent entrainment or impingement of fish. Entrainment occurs when a fish is drawn into BP11.1, BP12.1 a water intake and cannot escape. Impingement occurs when an entrapped fish is held in contact with the intake screen and is unable to free itself. In freshwater, follow these measures for design and installation of intake end of pipe fish screens to protect fish where water is extracted from fish-bearing waters: Screens should be located in areas and depths of water with low concentrations of fish throughout the year. Avoid placing water intakes/screens in areas of the channel that are used as migratory corridors by fish, where possible. Additional protection measures (e.g., barrier nets) may also be required. Screens should be located away from natural or artificial structures that may attract fish that are migrating, spawning, or in rearing habitat. The screen face should be oriented in the same direction as the flow. Ensure openings in the guides and seals are less than the opening criteria to make fish tight. Intakes should be installed in a manner that prevents the uptake or entrainment of sediment and aquatic organisms associated with the bottom area. Screens should be located a minimum of 300 mm (12 in.) above the bottom of the watercourse. If the water depth is less than 300 mm (12 in.), additional measures may need to be implemented (e.g., using a screen basket with a solid bottom). Structural support should be provided to the screen panels to prevent sagging and collapse of the screen. Large cylindrical and box-type screens should have a manifold installed in them to ensure even water velocity distribution across the screen surface. The ends of the structure should be made out of solid materials and the end of the manifold capped. Heavier cages or trash racks can be fabricated out of bar or grating to protect the finer fish screen, especially where there is debris loading (woody material, leaves, algae mats, etc.). A150 mm (6 in.) spacing between bars is typical. Provision should be made for the removal, inspection, and cleaning of screens. Ensure regular maintenance and repair of cleaning apparatus, seals, and screens is carried out to prevent debris-fouling and impingement of fish. Pumps should be shut down when fish screens are removed for inspection and cleaning. Remove accumulated sediment and excess spoil from the isolated area before removing the isolation. BP9.2 Restore bed and banks of the water body to their original contour and gradient; if the original gradient cannot be restored BP3.2, BP3.3, BP7.1 due to instability, a stable gradient that does not obstruct fish passage should be restored. Log Fill If replacement rock reinforcement/armouring is required to stabilize eroding or exposed areas, then ensure that appropriately-sized, clean rock is used; and that rock is installed at a similar slope to maintain a uniform bank/shoreline and natural stream/shoreline alignment. Culvert crossings will be removed prior to the spring freshet, or if required due to community or other reasons; unless the crossing has been constructed above the annual spring high water levels. Where a log fill is constructed using native timber, ensure that: Logs used in construction are de-limbed. Except where fill material is ice or snow, fill material placed on the bridge deck is held in place and separated from the deck by a geotextile fabric or natural mat that is impermeable to soil movement. Removal of the fill material and mat will precede removal of the log fill structure. Log fill crossings will be removed prior to the spring freshet, or if required due to community or other reasons. BP3.2, BP3.3, BP7.1, BP7.2, BP7.4 BP12.1, BP12.2, BP12.3 BP7.4 BP9.1, BP

111 Crossing Mitigation Measures Table 6-1 Mitigation Measures to Avoid Serious Harm To Fish And Prohibited Effects On Species At Risk Breakpoint Linkages to DFO s Pathways of Effects (PoE) Mitigation Type Mitigation Description Applicable PoE Breakpoint Ford Use stream bank and bed protection methods (e.g., swamp mats, pads) if minor rutting is likely to occur during fording. Fording should not be done where SARA-listed shellfish occur, or critical habitat or residences of freshwater SARA-listed aquatic species occur. BP3.2, BP3.3, BP6.2, BP

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113 Guidance for the Assessment of Serious Harm and Prohibited effects to Listed Aquatic Species at Risk 7.0 GUIDANCE FOR THE ASSESSMENT OF SERIOUS HARM AND PROHIBITED EFFECTS TO LISTED AQUATIC SPECIES AT RISK The FFHIAT is designed for use across Canada; therefore, a strictly prescriptive approach to determining if serious harm to fish or prohibited effects on listed aquatic species at risk will occur for project-related activities is not possible, given regional variations in fish communities, habitat requirements, or sensitivities to specific effects. Therefore, the following guidance has been developed with a semi-prescriptive approach to aid qualified environmental professions in determining whether project-related activities are likely to cause serious harm to fish or prohibited effects on aquatic listed species at risk; thereby, affect the sustainability and ongoing productivity of CRA fisheries and the recovery of aquatic listed species at risk. Guidance is also provided on SARA and the prohibitions therein, as they pertain to aquatic species. Other considerations may be required based on site-specific conditions, including: Site-specific quantitative fish and fish habitat information; using regional data collection standards. Traditional knowledge; where available. Cumulative effects; at local scale or as part of larger environmental evaluation processes. Where the guidance outlined in Section 7.0, as well as the standard measures and mitigation outlined in Section 5.0 and 6.0, cannot be followed, these crossing methods proceed to the Secondary Assessment (Section 2.3.6) to determine the likelihood of causing serious harm to fish or prohibited effects on listed aquatic species at risk. Watercourse crossings with an extirpated, endangered or threatened aquatic species listed under Schedule 1 present, or with the potential to be present, proceed to the Secondary Assessment (Section 2.3.6) to determine the likelihood of causing serious harm to fish and prohibited effects on listed aquatic species at risk; this applies to all watercourse crossing methods and includes SARA-specific guidance outlined in Section 7.1, below. If serious harm to fish or prohibited effects on species at risk is likely to occur, these crossings should be submitted for crossing-specific review by DFO or other agencies that have established MOUs (e.g., NEB). 7.1

114 Guidance for the Assessment of Serious Harm and Prohibited effects to Listed Aquatic Species at Risk 7.1 SARA SCHEDULE 1 SPECIES The following criteria should be considered when SARA Schedule 1 aquatic species that are extirpated, endangered or threatened, their critical habitat and/or their residence are present, or have the potential to be present; as well as those species under listing consideration: Avoid project-related activities in and around watercourses. Avoid the following pipeline associated watercourse crossings: Trenchless pipeline crossing method with a pressurized mud system in areas that are likely to result in an inadvertent release of drilling fluid; Trench (isolated or non-isolated) pipeline and instream (Ford [or one-time ford], Temporary culvert or log fill) in areas where species (e.g., mussels) may be present and are unable to move to avoid instream activities. Avoid project-related activities that have the potential to kill, harm, harass, capture or take an individual of a listed aquatic species at risk, or damage or destroy a residence of a SARA Schedule 1 aquatic species, due to the following: Avoid project-related activities within the timing windows (e.g., restricted activity period) or known seasonal use; Consult recovery strategies, action plans, or management plans developed for the species in question and implement additional mitigation measures or restrictions on activities or works; Avoid the use of explosives Avoid project-related activities that are likely to affect critical habitat of a listed aquatic species at risk Avoid project-related activities that cause the destruction and damage of residence and destruction of critical habitat. In the event that a project-related activity is likely to kill, harm, harass, capture or take and individual, damage or destroy their residence or destroy their critical habitat, then the following questions should be answered and the project related activity should be submitted to DFO for review to obtain a permit under Section 73 of SARA: Have all reasonable alternatives to the activity that would reduce the impact on the species been considered and the best solution has been adopted? Have all feasible measures to minimize the impact of the activity on the species or its critical habitat or the residences of its individuals been taken? Will the activity or work jeopardize the survival or recovery of the species? 7.2

115 Guidance for the Assessment of Serious Harm and Prohibited effects to Listed Aquatic Species at Risk 7.2 CHANGE IN SEDIMENT CONCENTRATION The following criteria should be considered to evaluate potential changes in sediment concentration: Avoid project-related activities that cause sediment releases that result in direct fish mortality, or sub-lethal effects to fish that are not reversible, due to: Presence of fish species that is sensitive to suspended sediment; Presence of listed aquatic species at risk; Presence of spawning fish or ova in the water/substrates; Elevated sediment or turbidity levels above accept or established thresholds (e.g., Canadian Council of Ministers of the Environment (CCME) Canadian Environmental Quality Guidelines [CEQGs]); Presence of poor slope stability and/or substrates (e.g., fines) that is susceptible to prolonged suspension in the water column. Avoid project-related activities that cause sediment releases that result in a permanent alteration or destruction of fish habitat, due to: Infilling of the interstitial spaces of substrates important to CRA fish species; or Presence of poor slope stability and/or substrates (e.g., fines) that is susceptible to prolonged suspension in the water column. 7.3 CHANGE IN HABITAT STRUCTURE AND COVER The following criteria should be considered to evaluate potential changes to habitat structure and cover: Avoid project-related activities that result in a permanent alteration or loss of the following: Habitat complexity; Instream cover (e.g., boulders, woody debris); or Bank cover (e.g., overhanging vegetation). Avoid project-related activities that result in the destruction of the riparian area when it is identified as critical habitat of a listed aquatic species at risk. Avoid project-related activities that result in a change in habitat that supports important life history stages (e.g., spawning, overwintering, rearing, migration); particularly where this habitat is limited in the watercourse. When working in Canada s northern territories, avoid crossing activities that result in the formation of ice-bulbs and/or affect permafrost. For pipeline removal activities, avoid removal of a pipeline under a watercourse where the removal will result in the collapsing of the void and substrate, above. 7.3

116 Guidance for the Assessment of Serious Harm and Prohibited effects to Listed Aquatic Species at Risk 7.4 CHANGE IN FOOD AND NUTRIENT CONCENTRATIONS The following criteria should be considered to evaluate potential changes to food and nutrient concentrations: Avoid project-related activities that cause changes in food and nutrient concentrations through physical and/or chemical changes in the environment. Avoid project-related activities that cause clearing of riparian area that result in a measurable negative effect on food and nutrient inputs to the watercourse. Avoid removing instream materials (e.g., woody debris) that provide cover for prey species, as well as contribute to nutrients in the water column. Limit the extent of riparian vegetation clearing to the width of the right-of-way or less, if feasible. Revegetation and allow riparian areas to recolonize after the initial disturbance. 7.5 DIRECT MORTALITY The following criteria should be considered to evaluate potential for direct mortality: Avoid project-related activities that can result in direct fish mortality through the following: Excessive overpressures (e.g., use of explosives); Physical contact leading to death (e.g., use of mobile industrial equipment, dredging, reclamation, use of explosives); Entrainment/ impingement (e.g., dewatering of isolated area, the use of pumps); or Stranding (e.g., barriers to fish movement, reduction of flow upstream or downstream of a crossing). 7.6 CHANGE IN TEMPERATURE The following criteria should be considered to evaluate potential changes to water temperature: Limit the extent of riparian vegetation clearing to the width of the right-of-way or less, if feasible. Avoid project-related activities that result in the destruction of the riparian area when it is identified as critical habitat of a listed aquatic species at risk. Revegetation and allow the riparian areas to recolonize after the initial disturbance 7.4

117 Guidance for the Assessment of Serious Harm and Prohibited effects to Listed Aquatic Species at Risk Avoid project-related activities that cause clearing of riparian area that result in a measurable negative effect on water temperatures at and downstream of the crossing location through the following: Presence of fish species that is sensitive to changes in water temperatures; Presence of listed aquatic species at risk; Presence of habitat that supports important life history stages (e.g., spawning, overwintering, rearing, migration); particularly where this habitat is limited in the watercourse; Extent where water temperature may be affected is limited to the right-of-way and the habitat is not limited or rare, and does not support important life history stages. Avoid project-related activities that result in changes to groundwater upwelling (e.g., use of explosives) that can lead to changes in water temperature and negatively affect fish usage. 7.7 CHANGE IN ACCESS TO HABITAT The following criteria should be considered to evaluate potential changes to access to habitat: Avoid project-related activities that negatively affect fish movement and access to habitat through the following: Obstructing fish movement during important fish migration periods (e.g., spawning or seward migration/smolt-run); Obstructing fish movement longer than acceptable or established thresholds or best practices; or Flow alteration that reduces access to habitat (e.g., altered conveyance of flow at the crossing). 7.8 BASEFLOW AND HYDRODYNAMICS The following criteria should be considered to evaluate potential changes to baseflow and hydrodynamics: Avoid project-related activities that negatively affect local hydraulics or subsurface flows as this can disrupt the use of spawning and overwintering habitats, change how sediment is mobilized, impede fish movement, and directly alter the structure of habitat at the site, including an increase in local erosion of the bed and banks. 7.5

118 Guidance for the Assessment of Serious Harm and Prohibited effects to Listed Aquatic Species at Risk 7.9 CHANGE IN CONTAMINANT CONCENTRATIONS The following criteria should be considered to evaluate potential changes to contaminant concentrations: Avoid the use of materials that could contribute contaminants to the aquatic system. Avoid project-related activities is areas with known contaminated soils which, if disturbed, could cause leaching of contaminants into the watercourse. Avoid project-related activities that could disturb acid rock formations.! If crossing-specific review is required, the guidance on making this request can be found at 7.6

119 References 8.0 REFERENCES AT (Alberta Transportation) Fish Habitat Manual Guidelines & Procedures for Watercourse Crossings in Alberta. Alberta Transportation. Edmonton, Alberta. CEPA (Canadian Energy Pipeline Association) Canadian Science Advisory Secretariat (CSAS) Review of the Pipeline Associated Watercourse Crossing 5 th Edition Fisheries Self-Assessment Tool. Prepared by Stantec Consulting Limited. Coker, G.A., Ming, D.L., and Mandrak, N.E Mitigation guide for the protection of fishes and fish habitat to accompany the species at risk recovery potential assessments conducted by Fisheries and Oceans Canada (DFO) in Central and Arctic Region. Version 1.0. Can. Manuscr. Rep. Fish. Aquat. Sci. 2904: vi + 40 p. DFO (Fisheries and Oceans Canada) Freshwater Intake End-of-Pipe Fish Screen Guidelines. Communication Directorate Fisheries and Oceans Canada. DFO/5080. Ottawa, Ontario, Canada. DFO (Fisheries and Oceans Canada) Practitioner s guide to the risk management framework for DFO Habitat Management staff. Version 1.0. Habitat Management Program, Fisheries and Oceans Canada. DFO (Fisheries and Oceans Canada). 2013a. Fisheries Protection Policy Statement. Ecosystem Programs Policy- Fisheries and Oceans Canada. Ottawa, Ontario. DFO (Fisheries and Oceans Canada). 2013b. Framework for Assessing the Ecological Flow Requirements to Support Fisheries in Canada. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2013/017. DFO (Fisheries and Oceans Canada) Measures to avoid causing harm to fish and fish habitat including aquatic species at risk. Available at: Last modified: ESRD (Alberta Environment and Sustainable Resource Development) Standard for Sampling of Small Streams in Alberta (Public Version). Alberta Fisheries Management Branch. Accessed January 6, wildlife/fish-research-licence/documents/standard-samplingsmallstreams- May2013.pdf Government of British Columbia Resource Information Standards Committee (RISC) Standards for Aquatic Ecosystems. Accessed January 6, Available at: 8.1

120 References MTO (Ministry of Transportation of Ontario) Environmental Guide for Fish and Fish Habitat. Accessed January 6, Available at: f16b/513d053ea7596f b300578ded?OpenDocument Murphy, M. L., and Meehan, W. R Stream Ecosystems. In W. R. Meehan (Ed.), Influence of forest and rangeland management on salmonid fishes and their habitats (pp ). Bethesda, Maryland, USA: American Fisheries Society Special Publication 19. Porter, M., and Mochnacz, N Methods and geophysical attributes for the Fisheries Risk Assessment Tool. DFO Can. Sci. Advis. Sec. Res. Doc. 2014/030. iv + 16 p. Schmetterling, D. A., Clancy, C. G., and Brandt, T. M Effects of riprap bank reinforcement on stream salmonids in the western United States. Fisheries, 26(7), Smokorowski, K.E., and Pratt, T.C Effect of a change in physical structure and cover on fish and fish habitat. Can. Tech. Rep. Fish. Aquat. Sci iv + 52 p. Sooley, D. R., E. A. Luiker and M. A. Barnes Standard Methods Guide for Freshwater Fish and Fish Habitat Surveys in Newfoundland and Labrador: Rivers & Streams. Fisheries and Oceans, St. John s, NF. iii + 50 pp. Thompson, D.M Long-Term Effect of Instream Habitat-Improvement Structures on Channel Morphology along the Blackledge and Salmon Rivers, Connecticut, USA. Environmental Management. 29(1): Wohl, E Human impacts to mountain streams. Geomorphology 79(3-4):

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122 PIPELINES AND ASSOCIATED WATERCOURSE CROSSINGS FISHERIES SELF-ASSESSMENT TOOL 1