MINISTRY OF TRANSPORTATION. Environmental Reference for Contract Preparation

Transcription

1 MINISTRY OF TRANSPORTATION Version: February 2007

2 MINISTRY OF TRANSPORTATION Part of the Environmental Standards and Practices ISSUED BY: PROVINCIAL AND ENVIRONMENTAL PLANNING OFFICE MINISTRY OF TRANSPORTATION 301 ST. PAUL STREET ST. CATHARINES, ONTARIO L2R 7R4 For citation and acknowledgements, refer to individual sections. Comments and Suggestions The Ministry of Transportation welcomes comments and suggestions on ways to improve the document with the objective of providing a practical and pragmatic approach to environmental management in the Province of Ontario. MTO anticipates that changes will be warranted to clarify, improve and incorporate new information. The format of the document is designed to accommodate such changes. Such revisions and amendments will be incorporated in later editions of this document. MTO will not formally respond to unsolicited comments submitted in response to the document. Ce document hautement spécialisé n'est disponsible qu'en anglais en vertue du règlement 411/97, qui en exempte l'application de la Loi sur les services en français. Pour obtenir de l aide en français, veuillez communiquer avec le ministère des Transports, Bureau des services en français au: ou

3 Title Page and Table of Contents TABLE OF CONTENTS Black and bold text denotes separate file SECTIONS AND APPENDICES SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 8 APPENDIX A INTRODUCTION GENERAL ENVIRONMENTAL AND INCIDENT MANAGEMENT PROTECTION OF WATER RESOURCES, FISH AND FISH HABITAT WILDLIFE AND WILDLIFE HABITAT MANAGEMENT EROSION & SEDIMENT CONTROL AND VEGETATION MANAGEMENT NOISE CONTROL AND MITIGATION DUST CONTROL MANAGEMENT OF WASTE AND EXCESS MATERIALS EXAMPLES OF NON-STANDARD CONTRACT DOCUMENTATION FROM MTO S CONTRACT PREPARATION SYSTEM Feb-07 Page 3 of 3

4 Section 1 MINISTRY OF TRANSPORTATION Introduction Version: February 2007

5 MINISTRY OF TRANSPORTATION SECTION 1 Introduction Citation Part of the Environmental Standards and Practices ISSUED BY: PROVINCIAL AND ENVIRONMENTAL PLANNING OFFICE MINISTRY OF TRANSPORTATION 301 ST. PAUL STREET ST. CATHARINES, ONTARIO L2R 7R4, Section 1: Introduction, February Ministry of Transportation Ontario. Acknowledgements This document was prepared for the Ministry of Transportation (MTO) by Ecoplans Limited. Lead author was Clark Gunter. This document was developed under the direction of the Environmental Standards Project (ESP) team comprised of MTO staff in the Provincial and Environmental Planning Office (Jamie Dougall Project Director and Brenda Carruthers Project Manager) and the lead consultant firm of Ecoplans Limited (Bob Hodgins - Project Director and Clark Gunter Project Manager). The ESP team would like to acknowledge the numerous contributors and reviewers for this document from MTO s Working Group, other reviewers from MTO s head and regional offices, and the Regulatory Liaison Committee that includes representatives from: Canadian Environmental Assessment Agency, Environment Canada, Fisheries and Oceans Canada, Health Canada, Ministry of Agriculture, Food and Rural Affairs, Ministry of Culture, Ministry of the Environment, Ministry of Municipal Affairs and Housing, and Ministry of Natural Resources. Comments and Suggestions The Ministry of Transportation welcomes comments and suggestions on ways to improve the document with the objective of providing a practical and pragmatic approach to environmental management in the Province of Ontario. MTO anticipates that changes will be warranted to clarify, improve and incorporate new information. The format of the document is designed to accommodate such changes. Such revisions and amendments will be incorporated in later editions of this document. MTO will not formally respond to unsolicited comments submitted in response to the document.

6 Section 1: Introduction VERSION HISTORY VERSION # DATE DESCRIPTION OF MAJOR CHANGE Feb-07 Page 3 of 8

7 TABLE OF CONTENTS 1 PREFACE PURPOSE AND BACKGROUND PURPOSE WHO WILL USE THE ENVIRONMENTAL REFERENCE FOR CONTRACT PREPARATION A BRIEF BACKGROUND ON CONTRACT PREPARATION ENVIRONMENTAL PROTECTION, MITIGATION AND COMPENSATION IN CONTRACT PREPARATION THE ROLE OF OTHER MTO ENVIRONMENTAL DOCUMENTS IN THE ERCP... 8

8 Section 1: Introduction 1 PREFACE The (ERCP) provides guidance, in a standard format, to design teams on the contract documentation available to implement environmental protection and mitigation during construction to meet the ministry s Environmental Protection Requirements. This section explains: the purpose and background of the document; the document s layout; and how other MTO documents relate to the ERCP. 2 PURPOSE AND BACKGROUND 2.1 Purpose The purpose of the ERCP is essentially to catalogue the environmental content of all of the following types of standard contract documentation for highway construction projects: MTO General Conditions of Contract; Ontario Provincial Standard Specifications (OPSs); MTO Special Provisions (SPs); and MTO Item Codes. The above documents are found in MTO s Contract Preparation System (CPS). The ERCP only includes summaries of the environmental content of the above so as to provide the user with guidance in the selection of environmental contract documentation during contract preparation. To facilitate cataloguing of its environmental content, the above contract documentation is organized into the following sections within the ERCP: 2. General Environmental and Incident Management 3. Protection of Water Resources, Fish and Fish Habitat 4. Wildlife and Wildlife Habitat Management 5. Erosion and Sediment Control and Vegetation Management 6. Noise Control and Mitigation 7. Dust Control 8. Management of Waste and Excess Materials Feb-07 Page 5 of 8

9 Section 1: Introduction 2.2 Who Will Use the The ERCP has been written for MTO staff and consultants who may need to advise on or select provisions for environmental protection to be included in highway construction contracts. 2.3 A Brief Background on Contract Preparation The Ontario Provincial Standards organization develops and revises General Conditions of Contract (GCs), Ontario Provincial Specifications (OPSs) and Drawings (OPSDs) for the construction of roads and public works. The document OPS User Notes provides more information on OPS specifications and drawings. General Conditions of Contract are the common stipulations that form the contract. MTO uses its own MTO General Conditions of Contract and not the Ontario Provincial General Conditions of Contract. In this document, the acronym GCs refers to the MTO General Conditions of Contract. Although published, OPSs and OPSDs may not be immediately implemented in MTO. The MTO Contract Preparation System (CPS) lists the standard OPS specifications that have been implemented. Also, each set of MTO Contract Documents lists the standards that apply to that particular contract. The published OPSs and OPSDs cannot be directly modified in any way except through the OPS organization. If MTO determines that an OPS, as published, does not meet its needs, MTO may write a standard Special Provision (SP) to: delete, add, or replace information in the OPS Specification; or address on-going needs that are not covered by an OPS Specification. In the same way, an MTO Drawing (MTOD) may be developed that modifies or replaces an OPSD. An SP may also be modified or written to address regional needs on an individual project. This type of contract documentation is called a modified SP or a non-standard SP (NSP). Modified SPs and NSPs are written by members of a project team in a particular format to address specific issues for a specific project. As similar issues may occur on similar projects, modified SPs and NSPs from one project may be re-used on another project. CPS includes some of these commonly re-used, modified SPs and NSPs in the Non-standard SPs folder. As CPS is continually being updated, the contents of this folder will change. Examples of environmental modified SPs and NSPs that have been in CPS are included in Appendix A of this document. There are two types of SPs and NSPs: operational constraint; and item-specific; both of which may have fill-in tables or areas where the Designer can provide project-specific Feb-07 Page 6 of 8

10 Section 1: Introduction information to the Contractor. Operational constraint SPs and NSPs usually apply to all work under a contract in general, for which there is no separate unit of measurement or basis of payment. Item specific SPs and NSPs apply only to certain components of the work related to a particular Item Code(s) for which there is a defined unit of measurement and basis of payment. Furthermore, just as there are standard and nonstandard SPs, there are also standard and non-standard Item Codes. In this document, non-standard Item Codes are referred to as N-Item Codes. Where applicable, examples of N-Item Codes are included in Appendix A of this document. Over time, common, frequently used, regional NSPs and N-Item Codes (e.g., for environmental mitigation and compensation measures) may become standardized, through a defined process within MTO, into SPs and Item Codes for ministry-wide use. References to such SPs and Item Codes will be added to this document as they are implemented. The OPSs, SPs and Item Codes referenced in this document are located in MTO s Contract Preparation System (CPS). The ERCP also references MTO s Contract Design Estimating and Documentation (CDED) Manual. All of these are found at the following link: CDED Manual Online - MTO Website. 2.4 Environmental Protection, Mitigation and Compensation in Contract Preparation The project team develops environmental protection, mitigation and compensation measures in design. Some of these measures will be integrated (e.g., part of the design of a structure, or the location of an interchange) while others will need to be individually specified in the contract. This includes item-specific specifications (e.g., silt fences for sediment control) or constraints to the Contractor s methods of construction (e.g., management of excess materials). Current standard contract documentation discussed in section 2.1 has provisions for some of the common environmental items and constraints. If these do not adequately specify the necessary protection, mitigation and/or compensation measures for a project, the project team will need to modify an SP or write an NSP. As similar issues may occur on different projects, the project team may revise an NSP from one project to suit another. If the NSP is item-specific, then the project team will need to use one of the existing N-Item Codes, if applicable. If there is no applicable, existing N-Item Code, the project team will need to request of MTO that a suitable new one be created. Guidance on the writing and formatting requirements of SPs and NSPs is provided by MTO in the News folder of CPS. This guidance is updated from time to time. SPs and NSPs that are not formatted in accordance with this guidance will not be accepted in preparation of the contract package. Feb-07 Page 7 of 8

11 Section 1: Introduction 3 THE ROLE OF OTHER MTO ENVIRONMENTAL DOCUMENTS IN THE ERCP The ERCP contains references to and is referenced in several other MTO environmental documents. Below is a brief description of these documents: Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and detail design transportation projects. The ERD outlines staff qualifications and the scope of work, as well as specific timing and documentation requirements to be conducted for each environmental specialty area. Section 3 - Technical Requirements for Environmental Impact Study and Environmental Protection / Mitigation provides guidance on the process and procedures for the assessment of environmental factors during transportation project design. Environmental Guides There are several environmental guides at MTO: Environmental Guide for Fish and Fish Habitat Environmental Guide for Contaminated Property Identification and Management Environmental Guide for Built Heritage and Cultural Heritage Landscapes Environmental Guide for Noise Environmental Guide for Patrol Yard Design Environmental Guide for Wildlife in the Oak Ridges Moraine Environmental Guide for Erosion and Sediment Control During Construction of Highway Projects These guides are technical references and many reference the ERCP for contract documentation for mitigation and compensation measures. Environmental Glossary Keywords or terms used in the ERCP are defined in MTO s Environmental Glossary. Feb-07 Page 8 of 8

12 Section 2 MINISTRY OF TRANSPORTATION General Environmental and Incident Management Version: February 2007

13 MINISTRY OF TRANSPORTATION SECTION 2 General Environmental and Incident Management Citation Part of the Environmental Standards and Practices ISSUED BY: PROVINCIAL AND ENVIRONMENTAL PLANNING OFFICE MINISTRY OF TRANSPORTATION 301 ST. PAUL STREET ST. CATHARINES, ONTARIO L2R 7R4, Section 2: General Environmental and Incident Management, February Ministry of Transportation Ontario. Acknowledgements This document was prepared for the Ministry of Transportation (MTO) by Ecoplans Limited. Lead author was Clark Gunter. This document was developed under the direction of the Environmental Standards Project (ESP) team comprised of MTO staff in the Provincial and Environmental Planning Office (Jamie Dougall Project Director and Brenda Carruthers Project Manager) and the lead consultant firm of Ecoplans Limited (Bob Hodgins - Project Director and Clark Gunter Project Manager). The ESP team would like to acknowledge the numerous contributors and reviewers for this document from MTO s Working Group, other reviewers from MTO s head and regional offices, and the Regulatory Liaison Committee that includes representatives from: Canadian Environmental Assessment Agency, Environment Canada, Fisheries and Oceans Canada, Health Canada, Ministry of Agriculture, Food and Rural Affairs, Ministry of Culture, Ministry of the Environment, Ministry of Municipal Affairs and Housing, and Ministry of Natural Resources. Comments and Suggestions The Ministry of Transportation welcomes comments and suggestions on ways to improve the document with the objective of providing a practical and pragmatic approach to environmental management in the Province of Ontario. MTO anticipates that changes will be warranted to clarify, improve and incorporate new information. The format of the document is designed to accommodate such changes. Such revisions and amendments will be incorporated in later editions of this document. MTO will not formally respond to unsolicited comments submitted in response to the document.

14 Section 2: General Environmental and Incident Management VERSION HISTORY VERSION # DATE DESCRIPTION OF MAJOR CHANGE Feb-07 Page 3 of 11

15 TABLE OF CONTENTS 1 PREFACE GOAL AND PURPOSE OF THIS SECTION CONTRACT DOCUMENTATION CONSIDERED IN THIS SECTION GENERAL ENVIRONMENTAL MANAGEMENT ENVIRONMENTAL CONCERNS CONTRACT DOCUMENTATION CHECKLIST INCIDENT MANAGEMENT ENVIRONMENTAL CONCERNS CONTRACT DOCUMENTATION CHECKLIST LIST OF TABLES Table 2.1 List of Contract Documentation Considered in this Section... 6 Table 2.2 Environmental Concerns Related to General Environmental Management... 7 Table 2.3 Contract Documentation with Environmental Content for General Environmental Management... 8 Table 2.4 Checklist for General Environmental Management... 9 Table 2.5 Environmental Concerns Related to General Environmental Management...10 Table 2.6 Contract Documentation with Environmental Content for Incident Management...11

16 Section 2: General Environmental and Incident Management 1 PREFACE This document is a component of the (ERCP). If this is the first time you are reading any section of the ERCP, then it is recommended that you review Section 1: Introduction, which describes or provides among other things: the role of other documents in the ERCP; and an overview of contract preparation. Definitions of environmental terms and acronyms are provided in MTO s Environmental Glossary. 1.1 Goal and Purpose of this Section This document provides guidance on the contract documentation available for the development of the environmental components of a contract package. This section will assist the user in finding MTO General Conditions of Contract (GCs), Ontario Provincial Standard Specifications (OPSs), MTO Special Provisions (SPs) and Standard Tender Item Codes (Items), and the scope and limitations of each, relevant to general environmental and incident management. The GC, OPSs, SPs and Items referenced in this section are available in MTO s Contract Preparation System (CPS). This section also references MTO s Contract Design Estimating and Documentation (CDED) Manual. All of these are found at the following link: CDED Manual Online - MTO Website As explained in Section 1: Introduction of this document, MTO may at any given time have Operational Constraint or Item Specific Special Provisions under development to modify specifications, or to address issues that are not covered by existing specifications that MTO has found, by experience, to reoccur. These Special Provisions and Items may be based on common, frequently used regional Non-Standard Special Provisions and Non-Standard Items that were originally created to address environmental issues on an individual project, and that have become candidates for standardization. Note: In order to maintain control of the number of NSPs and Non-Standard Items that are created and added to CPS during the standardization process, it is important for designers to check CPS or with MTO project staff as to whether there is an appropriate, existing SP, NSP, Item or non-standard Item that could be used to address projectspecific issues before developing new NSPs or requesting the creation of new Non- Standard Items. 1.2 Contract Documentation Considered in this Section Listed in Table 2.1 are the GCs, OPSs, SPs and Items that have content related to general environmental and incident management. Feb-07 Page 5 of 11

17 Section 2: General Environmental and Incident Management Table 2.1 List of Contract Documentation Considered in this Section Contract Documentation Sub-section MTO General Conditions of Contract (GCs) Incident Management Under Legislation Protecting the Environment and Natural Resources Delays 3 Ontario Provincial Standard Specifications (OPSs) None N/A Special Provisions (SPs) 100S54 Incident Management Under Legislation Protecting the Environment and Natural Resources Amendment to the General Conditions 3 199F12 Protection of Environmentally Sensitive Areas 2 199F31 Environmental Exemptions and Permits 2 199F34 Notifications to Regulatory Agencies 2 Non-Standard (NSPs): CPS may contain some relevant NSPs (See Appendix A) Item Codes None N/A Non-Standard (N-Item Codes): CPS may contain some relevant N-Item Codes (See Appendix A) N/A Click on the sub-section number to go to that sub-section. Feb-07 Page 6 of 11

18 Section 2: General Environmental and Incident Management 2 GENERAL ENVIRONMENTAL MANAGEMENT This sub-section includes a description of the contract documentation for general environmental management that may apply to any or all construction activities. 2.1 Environmental Concerns Table 2.2 provides a summary of the environmental concerns addressed in this subsection and the Environmental Protection Requirements for those concerns. Table 2.2 Environmental Concerns Related to General Environmental Management Environmental Concerns Addressed in this Sub-section All requirements of the Class Environmental Assessment for Transportation Facilities must be met prior to construction. Direct loss: the intrusion into the Environmentally Sensitive Areas (ESAs) from such things as parking vehicles, creating access roads, stockpiling, inadvertent clearing and grubbing, and removing trees, fences etc. to facilitate construction can cause destruction of significant vegetation and habitat, archaeological resources or cultural heritage features. Sedimentation: increased sedimentation may occur in an ESA as a result of increased erosion from ground disturbing construction activities, and/or equipment working in/around water resuspending sediment or erodes banks. Contaminants: spills of fuels, use or spill of products (such as chemical dust suppressants or pesticides) may migrate into the ESA and may negatively affect plant and animal life. Invasive plant species may be introduced through the reuse of stockpile material, contaminated seed mixes, etc. and may destroy native species and alter vegetation communities. Increased noise can reduce the quality of Noise Sensitive Areas. Relevant Environmental Protection Requirements 1 GEN-1 AGR-1; FISH-6; WLD-1 to 9 WET-1 to 2; VEG -1 to 8 DA-1 to 5; HER-2 to 5; ARCH-1 FISH-9; CON-1; WET-1 & 2; SW-1 to 10 FISH-5 to 7, 9, 11 & 12; GW-3 & 5; ORM-19; CON-1 VEG-1 to 3 & 7 NOISE-2 1 The letters and number in brackets, for example (FISH 6), are the reference to a specific Environmental Protection Requirement in the document Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, Operation and Maintenance. Please refer to that document for a complete list and wording of the Environmental Protection Requirements. Feb-07 Page 7 of 11

19 Section 2: General Environmental and Incident Management Other Potential Environmental Concerns Other environmental concerns may also exist for construction activities, depending on the nature of the project, and may include concern about wildlife when working around Environmentally Sensitive Areas. See ERCP Section 4: Wildlife and Wildlife Habitat Management. Permits, Certificates, Clearances and Authorizations Archaeological Clearances are required from the Ontario Ministry of Culture prior to disturbing lands outside the project limits that have not been assessed during the EA process. 2.2 Contract Documentation Table 2.3 lists the standard contract documentation for general environmental management. Table 2.3 Contract Documentation with Environmental Content for General Environmental Management Contract Documentation SP 199F12 Environmentally Sensitive Areas SP 199F31 Environmental Exemptions and Permits SP 199F34 Identification of Local Regulatory Authorities Warrant for Use Where environmentally sensitive areas (ESA s) may be impacted by construction activities When recommended by the Regional Environmental Unit All Contracts Description of Environmental-Specific Content and Notes Provisions for the boundaries of environmentally sensitive areas where access is restricted There is a fill-in table for locations of the ESA. The SP does not prescribe how to restrict entry Provisions for detailing permits and exemptions required for construction Fill-in table for permit and exemption identification / details and conditions of the permits for the work Provisions for identification of local regulatory authorities There is a fill-in table for contact names and numbers with notification requirements listed to facilitate contact with and notification to regulatory agencies Feb-07 Page 8 of 11

20 Section 2: General Environmental and Incident Management 2.3 Checklist Table 2.4 Checklist for General Environmental Management Issue Applies Completed Has the fill-in table for Environmentally Sensitive Areas been completed Always (SP199F12)? Has the fill-in table identifying the details and conditions for exemption and permits been completed (SP199F31)? Has the fill-in table providing contact information for Regulatory Agencies been completed (SP199F34)? (Note: Check the Applies box of all provisions that apply. If box has always then this issue applies on every contract. Initial the box completed when issue has been addressed.) Feb-07 Page 9 of 11

21 Section 2: General Environmental and Incident Management 3 INCIDENT MANAGEMENT This sub-section includes a description of the contract documentation for the management of environmental incidences such as a spill or an archaeological find. 3.1 Environmental Concerns Table 2.5 provides a summary of the environmental concerns addressed in this subsection and the Environmental Protection Requirements for those concerns. Table 2.5 Environmental Concerns Related to General Environmental Management Environmental Concerns Addressed in this Sub-section Archaeological resources that may be disturbed by highway design investigations, construction, operation or maintenance shall be identified and conserved to the satisfaction of the Ministry of Culture, in accordance with the Ontario Heritage Act. There shall be no release, discharge or addition: 1) to the natural environment (land, surface water, groundwater or air) of a contaminant that may cause adverse effects; 2) to surface water or groundwater of a contaminant that may impair water quality or be deleterious to fish or fish habitat; and 3) to the natural environment of a toxic substance. Any abnormal discharge (spill) of a substance into the natural environment shall be reported to the Ministry of the Environment Spills Action Centre (SAC), and cleaned up as quickly as possible, given the circumstances surrounding the discharge, by the person(s) having control of the discharge. Every practicable effort shall be taken to prevent, eliminate and ameliorate the adverse effect and to restore the natural environment. For any existing utility lines broken or ruptured during highway construction activities, timely action shall be taken to minimize the potential for soil and water contamination. Unauthorized destruction of fish and fish habitat is prohibited and must be compensated for in the event of an incident. Deleterious substances are not to enter fish habitat and the release of oil, oil wastes or any other substance harmful to migratory birds to any waters or any area frequented by migratory birds must be minimized. Authorities must be notified of incidents and all reasonable measures taken to remedy the situation as soon as possible. Relevant Environmental Protection Requirements 1 ARC-1 CON-1 CON-8 CON-16 FISH-5-7, 9, 11-12, WLD-2 1 The letters and number in brackets, for example (CON 1), are the reference to a specific Environmental Protection Requirement in the document Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, Operation and Maintenance. Please refer to that document for a complete list and wording of the Environmental Protection Requirements. Feb-07 Page 10 of 11

22 Section 2: General Environmental and Incident Management Other Potential Environmental Concerns Other environmental concerns regarding incidences may also exist depending on the nature of the project. 3.2 Contract Documentation Table 2.6 lists standard contract documentation with environmental content related to incident management. Table 2.6 Contract Documentation with Environmental Content for Incident Management Contract Documentation GC 3.08 Delays GC Incident Management under Legislation Protecting the Environment and Natural Resources SP100S54 Incident Management Under Legislation Protecting the Environment and Natural Resources Warrant for Use N/A N/A All contracts Description of Environmental-Specific Content and Notes Directions on delay of work due to archaeological finds. Specifications for containment, notification of authorities, cleanup and restoration after the incident is under control. Specifications for communication with the Contract Administrator and paper work regarding an incident. Directions for protection of the Owner from costs incurred due to an incident. Amends GC and requires the Contractor to have a plan that will satisfy the requirements of GC in the event of an incident. 3.3 Checklist There is no checklist of this sub-section. Feb-07 Page 11 of 11

23 Section 3 MINISTRY OF TRANSPORTATION Protection of Water Resources, Fish and Fish Habitat Version: February 2007

24 MINISTRY OF TRANSPORTATION SECTION 3 Protection of Water Resources, Fish and Fish Habitat Citation Part of the Environmental Standards and Practices ISSUED BY: PROVINCIAL AND ENVIRONMENTAL PLANNING OFFICE MINISTRY OF TRANSPORTATION 301 ST. PAUL STREET ST. CATHARINES, ONTARIO L2R 7R4, Section 3: Protection of Water Resources, Fish and Fish Habitat, February Ministry of Transportation Ontario. Acknowledgements This document was prepared for the Ministry of Transportation (MTO) by Ecoplans Limited. Lead author was Clark Gunter. This document was developed under the direction of the Environmental Standards Project (ESP) team comprised of MTO staff in the Provincial and Environmental Planning Office (Jamie Dougall Project Director and Brenda Carruthers Project Manager) and the lead consultant firm of Ecoplans Limited (Bob Hodgins - Project Director and Clark Gunter Project Manager). The ESP team would like to acknowledge the numerous contributors and reviewers for this document from MTO s Working Group, other reviewers from MTO s head and regional offices, and the Regulatory Liaison Committee that includes representatives from: Canadian Environmental Assessment Agency, Environment Canada, Fisheries and Oceans Canada, Health Canada, Ministry of Agriculture, Food and Rural Affairs, Ministry of Culture, Ministry of the Environment, Ministry of Municipal Affairs and Housing, and Ministry of Natural Resources. Comments and Suggestions The Ministry of Transportation welcomes comments and suggestions on ways to improve the document with the objective of providing a practical and pragmatic approach to environmental management in the Province of Ontario. MTO anticipates that changes will be warranted to clarify, improve and incorporate new information. The format of the document is designed to accommodate such changes. Such revisions and amendments will be incorporated in later editions of this document. MTO will not formally respond to unsolicited comments submitted in response to the document. Feb-07 Page 5 of 17

25 Section 3: Protection of Water Resources, Fish and Fish Habitat VERSION HISTORY VERSION # DATE DESCRIPTION OF MAJOR CHANGE Feb-07 Page 3 of 17

26 TABLE OF CONTENTS 1 PREFACE GOAL AND PURPOSE OF THIS SECTION CONTRACT DOCUMENTATION CONSIDERED IN THIS SECTION WORKING IN AND AROUND WATER ENVIRONMENTAL CONCERNS CONTRACT DOCUMENTATION CHECKLIST DEWATERING AND UNWATERING ENVIRONMENTAL CONCERNS CONTRACT DOCUMENTATION CHECKLIST USE OF EXPLOSIVES ENVIRONMENTAL CONCERNS CONTRACT DOCUMENTATION CHECKLIST REHABILITATION AND COMPENSATION MEASURES FOR FISH HABITAT ENVIRONMENTAL CONCERNS CONTRACT DOCUMENTATION CHECKLIST LIST OF TABLES Table 3.1 List of Contract Documentation Considered in this Section...6 Table 3.2 Environmental Concerns Related to Working in and Around Water...8 Table 3.3 Contract Documentation with Environmental Content for Working in and Around Water...9 Table 3.4 Checklist for Working in and Around Water...10 Table 3.5 Environmental Concerns Related to Dewatering and Unwatering...11 Table 3.6 Contract Documentation with Environmental Content for Dewatering and Unwatering...12 Table 3.7 Checklist for Dewatering and Unwatering...13 Table 3.8 Environmental Concerns Related to the Use of Explosives...14 Table 3.9 Contract Documentation with Environmental Content for Protection of Water Resources, Fish and Fish Habitat during the Use of Explosives...15 Table 3.10 Checklist for Protection of Water Resources, Fish and Fish Habitat during the Use of Explosives...15 Table 3.11 Checklist for Rehabilitation and Compensation Measures for Fish Habitat...17 Feb-07 Page 4 of 17

27 Section 3: Protection of Water Resources, Fish and Fish Habitat 1 PREFACE This document is a component of the (ERCP). If this is the first time you are reading any section of the ERCP, then it is recommended that you review Section 1: Introduction, which describes or provides among other things: the role of other documents in the ERCP; and an overview of contract preparation. Definitions of environmental terms and acronyms are provided in MTO s Environmental Glossary. 1.1 Goal and Purpose of this Section This document provides guidance on the contract documentation available for the development of the environmental components of a contract package. This section will assist the user in finding MTO General Conditions of Contract (GCs), Ontario Provincial Standard Specifications (OPSs), MTO Special Provisions (SPs) and standard Item Codes (Items), and the scope and limitations of each, relevant to the protection of both water resources, and fish and fish habitat. The GCs, OPS, SPs and Items referenced in this section are available in MTO s Contract Preparation System (CPS). This section also references MTO s Contract Design Estimating and Documentation (CDED) Manual. All of these are found at the following link: CDED Manual Online - MTO Website. As explained in Section 1: Introduction of this document, MTO may at any given time have operational constraint or item-specific SPs under development to modify specifications, or to address issues that are not covered by existing specifications that MTO has found, by experience, to reoccur. These SPs and Items may be based on common, frequently used regional non-standard Special Provisions (NSP) and nonstandard Item Codes (N-Item Codes) that were originally created to address environmental issues on an individual project, and that have become candidates for standardization. Note: In order to maintain control of the number of NSPs and N-Item Codes that are created and added to CPS during the standardization process, it is important for designers to check CPS or with MTO project staff as to whether there is an appropriate, existing SP, NSP, Item or non-standard Item that could be used to address projectspecific issues before developing new NSPs or requesting the creation of new N-Item Codes. Feb-07 Page 5 of 17

28 Section 3: Protection of Water Resources, Fish and Fish Habitat 1.2 Contract Documentation Considered in this Section Listed in Table 3.1 are the GCs, OPSs, SPs and Items that have content related to the protection of water resources, fish and fish habitat. Table 3.1 List of Contract Documentation Considered in this Section Contract Documentation Sub-section MTO General Conditions of Contract (GCs) None N/A Ontario Provincial Standard Specifications (OPSs) 120 General Specification for the Use of Explosives General Specification for Environmental Protection for Construction in Waterbodies and on Waterbody Banks Construction Specification for Control of Water from Dewatering Operations 3 Specials Provisions (SP) 199F47 Watercourse and Fisheries Protection Use of Confined Explosives 4 SP100S59 Permits to Take Water 2 DRAFT FCS-1 Fisheries Contract Specialist 2 Non-Standard (NSPs): CPS may contain some relevant NSPs; see Appendix A for a list of environmental modified SPs and NSPs that have been in CPS. Item Codes None N/A Non-Standard (N-Item Codes): CPS may contain some relevant N-Item Codes; see Appendix A for a list of N-Item Codes that have been in CPS. N/A Click on the sub-section number to go to that sub-section. Feb-07 Page 5 of 17

29 Section 3: Protection of Water Resources, Fish and Fish Habitat 2 WORKING IN AND AROUND WATER This sub-section includes a description of the contract documentation for environmental protection for working in and around water. Where construction is required in or near watercourses or other waterbodies, implementation of appropriate mitigation measures is necessary in order to protect fish and fish habitat, Species at Risk and water quality. The intent of the protection measures outlined in this sub-section is to prevent materials generated by construction activities from entering the waterbody or wetland areas, and to protect fish habitat areas from being harmfully altered, disrupted or destroyed. Factors contributing to the disturbance of waterbodies, fish and fish habitat are the nature, frequency and how the activity is undertaken. Fish and other aquatic species are particularly sensitive during certain periods of the year. Some species also exhibit species-specific sensitivities (e.g. brook trout and coldwater species). In addition, Species at Risk must be protected. Examples of the types of activities that may affect water resources, fish and fish habitat are: grading operations, bridge and culvert construction and clearing of vegetation. Erosion and sediment control is an important part of protecting water resources and fish and fish habitat and in general when working in or near waterbodies. MTO s Erosion and Sediment Control Guide 1 details approaches and practices for designing erosion and sediment control and ERCP Section 5: Erosion and Sediment Control and Vegetation Management has details on applicable OPSs and SPs. 2.1 Environmental Concerns Table 3.2 provides a summary of the environmental concerns addressed in this subsection and the Environmental Protection Requirements for those concerns. 1 The full title is Environmental Guide for Erosion and Sediment Control During Construction of Highway Projects Feb-07 Page 7 of 17

30 Section 3: Protection of Water Resources, Fish and Fish Habitat Table 3.2 Environmental Concerns Related to Working in and Around Water Environmental Concerns Addressed in this Sub-section (Some effects can extend beyond the ROW) Construction activities in or near watercourses may destroy habitat, impede fish passage, and obstruct access to habitat, spawning and rearing areas. Removal of vegetation from the edges of waterbodies may adversely affect fish by removing cover, shade, food sources, etc. Use, storage or handling of equipment or materials near waterbodies may result in the release of fuel, lubricants, paint and other deleterious substances to the waterbody that could impair water quality. Temporary diversion of drainage and surface water may alter the quantity (volume and/or velocities) of water in streams and increase flows to other areas, potentially increasing erosion, and impeding the movement of fish. Relevant Environmental Protection Requirements 1 FISH-1, 2 & 4 FISH-5 to 7, 9, 11 & 12 ORM-19 CON-1 & 8 FISH-3, 5 to 7, 9, 11,& 12 SW-1 to 4 SW-9 & 10 1 The letters and number in brackets, for example (FISH 3), are the reference to a specific Environmental Protection Requirement in the document Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, Operation and Maintenance. Please refer to that document for complete list and wording of the Environmental Protection Requirements. Other Potential Environmental Concerns Other environmental concerns may also exist for operations in and around water, depending on the nature of the project, and may include: Storage of excess a construction materials on site is a concern for working in and around water see ERCP Section 8: Management of Waste and Excess Materials. Dewatering is a common practice during operations in and around water see ERCP sub-section 3.3: Dewatering and Unwatering. Dust and visible emissions may enter the watercourse during operations in and around water see ERCP Section 7: Dust Control. Permits, Certificates, Clearances and Authorizations Fisheries and Oceans Canada (DFO) does not allow the harmful alteration, disruption or destruction of fish and fish habitat unless authorized by them. The authorization will contain conditions that can only be modified through a re-authorization from DFO. Feb-07 Page 8 of 17

31 Section 3: Protection of Water Resources, Fish and Fish Habitat 2.2 Contract Documentation Table 3.3 lists the contract documentation with environmental content related to working in and around water. Table 3.3 Contract Documentation with Environmental Content for Working in and Around Water Contract Documentation OPS 182 General Specification for Environmental Protection for Construction in Waterbodies and on Waterbody Banks NSP Fisheries Contract Specialist 2 Warrant for Use Not implemented in MTO. This OPS has not been tested 1. Wherever there is a Fisheries Act Authorization Description of Environmental-Specific Content and Notes The Contractor is required to provide a written strategy for each location in waterbodies and on waterbody banks. The strategy is to fully describe the sequence of the work, the associated protection, contingency measures, and dates of installation, removal, and site restoration. All construction staff must be briefed on the strategy. Constraints on maintenance and refuelling. Requirements to use a screen to prevent entry of fish and aquatic wildlife into water intake pipes. Specifies standby materials to be on site. References: OPS 180 Management and Disposal of Excess Material see ERCP Section 8 OPS 518 Control of Water from Dewatering Operations see ERCP sub-section 3.3 OPS 577 Temporary Erosion and Sediment Control Measures See ERCP Section 5. Requirement for a Fisheries Contracts Specialist to be retained for monitoring. Note: This SP is to implement the requirement for a Fisheries Contract Specialist that is part of monitoring as specified by the Fisheries Act Authorization. 1 CPS may contain regional NSPs related to the environmental protection for construction in waterbodies and on waterbody banks; see Appendix A. 2 It is expected that this NSP will soon be implemented; until that time a draft may be available from the project Environmental Planner. Feb-07 Page 9 of 17

32 Section 3: Protection of Water Resources, Fish and Fish Habitat 2.3 Checklist Table 3.4 Checklist for Working in and Around Water Issue Applies Completed Has onsite storage of excess materials and products been addressed? See ERCP Section 8 Have dewatering issues been addressed? See sub-section 3.3 Are there dust issues that need to be addressed? See ERCP Section 7 Has erosion and sediment control been addressed? Always See ERCP Section 5 Are there provisions for watercourse, fish and fish habitat protection in the contract? Are there provisions for a Fisheries Contract Specialist to be retained for monitoring? (Note: Check the applies box of all provisions that apply. If box has always then this issue applies on every contract. Initial the box completed when issue has been addressed.) Feb-07 Page 10 of 17

33 Section 3: Protection of Water Resources, Fish and Fish Habitat 3 DEWATERING AND UNWATERING This sub-section includes a description of the contract documentation for environmental protection related to dewatering and/or unwatering operations. Dewatering and unwatering operations include the removal of water to keep an excavation free of water during construction in order to stabilize the ground through pumping of the excavation or though the lowering of groundwater levels through ditching and/or pumping operations. Erosion and Sediment control is an important part of dewatering and unwatering operations. MTO s Erosion and Sediment Control Guide 2 details approaches and practices for erosion and sediment control and ERCP Section 5: Erosion and Sediment Control and Vegetation Management, has details on applicable OPSs and SPs. In particular, OPS 577 Construction Specification for Temporary Erosion and Sediment Control Measures should be reviewed for dewatering and unwatering items. 3.1 Environmental Concerns Table 3.5 is a summary of the environmental concerns addressed in this sub-section and the Environmental Protection Requirements for those concerns. Table 3.5 Environmental Concerns Related to Dewatering and Unwatering Environmental Concerns Addressed in this Sub-section (Some effects can extend beyond the ROW) Discharge of sediment-laden or contaminated water may impact aquatic habitats and vegetation, resulting in fish mortality and fish habitat destruction. Dewatering and unwatering practices may cause increased erosion at both the inlet and outlet points and a resultant increase in sediment concentrations. The lowering of groundwater levels may reduce the supply of groundwater to wells, wetlands, waterbodies, etc. Water taking is controlled by the MOE Permit-to-take-Water process. Relevant Environmental Protection Requirements 1 FISH-3 to 7 & 9 to 12 WET-1 & 2 SW-1, 2 & 9 ORM-1, 2 & 20 to 24 GW-3, GW-4, GW-6 1 The letters and number in brackets, for example (FISH-3), are the reference to a specific Environmental Protection Requirement in the document Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, Operation and Maintenance. Please refer to that document for complete list and wording of the Environmental Protection Requirements 2 The full title is Environmental Guide for Erosion and Sediment Control During Construction of Highway Projects Feb-07 Page 11 of 17

34 Section 3: Protection of Water Resources, Fish and Fish Habitat Other Potential Environmental Concerns Other environmental concerns may also exist for operation, depending on the nature of the project, and may include: The water removed in a dewatering or unwatering operation may be contaminated by the sediment or equipment in some cases See ERCP Section 8: Management of Waste and Excess Materials. Permits, Certificates, Clearances and Authorizations Permit-To-Take-Water is required from the Ontario Ministry of Environment for the taking of 50,000 l/day or more of water from any given source. Permit-To-Take-Fish is required from MNR where fish need to be moved. 3.2 Contract Documentation Table 3.6 lists the contract documentation with environmental content related to dewatering and unwatering. Table 3.6 Contract Documentation with Environmental Content for Dewatering and Unwatering Contract Documentation OPS 518 Construction Specification for Control of Water SP100S59 Permits to Take Water Warrant for Use Always with OPS 517 Construction Specification for Dewatering Where MTO has obtained from the MOE one or more draft Permits to Take Water Description of Environmental-Specific Content and Notes This specification covers the requirements for excavating and backfilling for structures including dewatering. Requires run-off to be intercepted and diverted from stabilized areas. Requires settling ponds and sediment basins to be installed as needed that must ensure minimum solids transportation. Requires the management of water to be controlled including use of settling ponds or sediment basins and splash pads. References OPS 577Temporary Erosion and Sediment Control Measures See ERCP Section 5. Note: For managing a site with contaminated soils, see Section 8: Management of Waste, and Excess Materials. Requires the Contractor to complete the form appended to the draft permit(s) obtained by MTO and submit them to MOE to have the permit(s) transferred into the Contractor s name. Feb-07 Page 12 of 17

35 Section 3: Protection of Water Resources, Fish and Fish Habitat 3.3 Checklist Table 3.7 Checklist for Dewatering and Unwatering Issue Applies Completed Does a proposal for relocation of stranded fish need to be prepared and approved? See ERCP sub-section 3.5: Fish and Fish Habitat Protection. Are there provisions for erosion and sediment control? Always Are there provisions for contaminated soil/water management, if necessary? Has a draft Permit-To-Take-Water been received? (Note: Check the Applies box of all provisions that apply. If box has always then this issue applies on every contract. Initial the box completed when issue has been addressed.) Feb-07 Page 13 of 17

36 Section 3: Protection of Water Resources, Fish and Fish Habitat 4 USE OF EXPLOSIVES This sub-section includes a description of the contract documentation for environmental protection related to the use of explosives. Explosives are used to remove rock within the right-of-way to permit the construction of the design grades for the highway. Explosives are also used in quarrying operations, utility installations, and in some cases beaver dam removal. Blasting involves the drilling of holes for the charges, placing the charges, and detonating the explosives. Where blasting occurs near water or environmentally sensitive areas, noise, dust and water-table impacts are issues to consider. The documents referred to below provide some mitigation measures for blasting. 4.1 Environmental Concerns Table 3.8 provides a summary of the environmental concerns addressed in this subsection and the Environmental Protection Requirements for those concerns. Table 3.8 Environmental Concerns Related to the Use of Explosives Environmental Concern Addressed in this Sub-section (Some effects can extend beyond the ROW) Use of explosives in or near waterbodies may kill or harm fish (including eggs and young fish) and other aquatic species. Effects of blasting operations may impact groundwater and well water levels. Relevant Environmental Protection Requirements 1 FISH-5, 6 to 8 & 10 GW-4 & 6 1 The letters and number in brackets, for example (WLD-3), are the reference to a specific Environmental Protection Requirement in the document Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, Operation and Maintenance. Please refer to that document for complete list and wording of the Environmental Protection Requirements. Other Potential Environmental Concerns Other environmental concerns may also exist related to the use of explosives, depending on the nature of the project, and may include: Noise is a concern with blasting operations See ERCP Section 6: Noise Control and Mitigation. Dust is a concern with blasting operations See ERCP Section 7: Dust Control. Feb-07 Page 14 of 17

37 Section 3: Protection of Water Resources, Fish and Fish Habitat Contract Documentation Table 3.9 lists the contract documentation with environmental content related to water resources, fish and fish habitat protection when using explosives. Table 3.9 Contract Documentation with Environmental Content for Protection of Water Resources, Fish and Fish Habitat during the Use of Explosives Contract Documentation OPS 120 General Specification For The Use Of Explosives SP 199F47 Watercourse and Fisheries Protection Use of Confined Explosives Warrant For Use On all projects that require the use of explosives. When using confined explosives in or near Canadian fisheries waters and the requirements and limitations in the DFO Guideline for protecting fish and fish habitat can be met. Description of Environmental-Specific Content and Notes Requirements for the protection of utilities, residences, structure or facilities Note: Does not address DFO requirements for the use of explosives near fish bearing waterbodies Requires adherence to the requirements of DFO "Guidelines For The Use Of Explosives In Or Near Canadian Fisheries Waters". Contractor to submit a blast proposal to the Contract Administrator detailing setback distances. Requirements for the contractor to carry out monitoring of ground vibrations and water pressure during blasting operations and maintain monitoring records. Note: See Notes to Designer for additional details 4.2 Checklist Table 3.10 Checklist for Protection of Water Resources, Fish and Fish Habitat during the Use of Explosives Issue Applies Completed Have Canadian fisheries waters been specified? How will the DFO Guidelines be met? Note: it is the responsibility of the contract designer/consultant to ensure that authorization is obtained from DFO and appropriate design measures incorporated into the contract documents. Has an Erosion and Sediment Control Plan been prepared? See Section 5: Erosion and Sediment Control and Vegetation Management Proposal for the relocation of fish stranded by blasting operations? Procedures for temporary diversion and dewatering are needed? See subsection 3.3: Dewatering Have noise sensitive areas/constraints been addressed? See Section 6: Noise Control and Mitigation Are there provisions for a blast proposal in the contract? Always (Note: Check the applies box of all provisions that apply. If box has always then this issue applies on every contract. Initial the box completed when issue has been addressed.) Feb-07 Page 15 of 17