Cases for QAES's and QWAES's and QWSP s and QAP s

Transcription

1 Cases for QAES's and QWAES's and QWSP s and QAP s ARHCA Environment Session, Red Deer, AB November 6, 2014 Jay S. White, M.Sc., P. Biol, QWAES, QAES Aquality Environmental Consulting Ltd.

2 Water Act (1999) Governs HOW the Province manages water To promote the conservation and management of water, including the wise allocation and use of water Promote economic growth and prosperity Protection of existing rights Focuses on managing and protecting Alberta s water resources quantity AND quality Governs the diversion, allocation, and use of water 2 of 153

3 Water Act (1999) Defines water and a waterbody Regulates and enforces actions that affect water and water use management, the aquatic environment, fish habitat protection practices, and storm water management Does not distinguish between wetlands in the White Zone and Green Zone Prohibits anyone from draining, altering or infilling wetlands on private or public land unless authorized to do so by the Province through an Approval under the provisions of the Act Approvals typically have conditions attached

4 Water Bodies and Oil Well Sites Under ERCB s Directive 56 the well centre must be 100 m from a water body To obtain a routine licence for a well where the well centre is located on Freehold or Crown land and where the 100 m setback is not met the applicant must: Have Crown disposition if the well is on Crown land Maintain natural drainage Have acceptable measures in place to protect the water body during drilling and future production operations and mitigate the consequences of a spill Acceptable measures include: Site and berms constructed using impermeable materials, synthetic liner, vacuum truck, absorption material, enclosed systems with tankage and textile mats The ERCB expects measures to comply with all the relevant requirements of provincial and federal legislation and regulations

5 Provincial Watercourse and Waterbody Descriptions Watercourses are defined by QAES dealing with Water Act COP issues QAES - Flowing water Waterbodies are defined by QWAES dealing with Water Act and Public Lands Act wetlands issues QWAES - Wetlands and lakes

6 What is a QAES? Qualified Aquatic Environment Specialist A QAES may include a private individual, consultant or employee of a company that owns, plans or constructs pipeline crossings typically someone with educational background in environmental sciences The specifications and recommendations prepared by the QAES may include mitigation and compensation measures related to the harmful alteration, disruption and destruction of fish habitat (HADD) Not really the person you need for a wetland assessment unless your wetland has fish in it (e.g. sport fish) Employed when a crossing results in a disruption or alteration of the bed or banks of a fish bearing water body and/or when fish passage requirements must be incorporated into the watercourse crossing design

7 COP Pipeline Crossings Under the Code of Practice a Water Body Refers to: a water body with defined bed and banks, whether or not water is continuously present, but does not include fish bearing lakes

8 COP Watercourse Crossing Watercourse Crossing: A crossing or temporary crossing and any associated permanent or temporary structures that are or will be constructed to provide access over or through a water body, including but not limited to a Type 1 to 6 crossings Also Includes: Structures and measures to isolate the location of the works Erosion protection structures Sedimentation management structures But does not include: Pipeline crossings or telecommunication line crossing Realignment of the channel of a water body beyond a distance of 20 m upstream and downstream from the watercourse crossing Diversions of water from the site of a watercourse crossing, that require an authorization under the Water Act Structures located outside the right of way of a watercourse crossing and that require an authorization under the Water Act

9 Waterbody Classes for Crossings The class of a water body also determines the preferred type of watercourse crossing, timing and conditions under which the watercourse crossing is constructed, replaced or removed. The class of a water body is based on the sensitivity of fish habitats and their known distribution: Class A highest sensitivity; sensitive enough to be damaged by any type of activity within the water body; habitats are critical to the viability of a fish species Class B high sensitivity; potentially damaged by any type of activity within the water body; habitat areas important to continued viability of a population of fish species in the area Class C moderate sensitivity; habitat areas potentially damaged by unconfined or unrestricted activities within a water body; supporting local fish species populations Class D - low sensitivity; fish species as defined under this Code of Practice not present

10 Restricted Activity Period As watercourse crossings have a large impact on fish therefore restricted activity periods have been introduced These are times when works that disrupt the bed or banks of a water body must be avoided to prevent disturbance of fish or fish eggs If the construction is carried out within a restricted activity period, the recommendations of a QAES are required unless otherwise specified under the Code of Practice

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12 Restricted Activity Periods by Class Maps under this Code of Practice identify restricted activity periods for mapped Class B and Class C water bodies A QAES determines the restricted activity period for a Class A water body No restricted activity periods for Class D water bodies The Code of Practice sets out how restricted activity periods for unmapped water bodies may be determined The Bow River is a Class A Water body

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14 Code of Practice Regional Map Red Deer Region

15 QAES Assessment What should you see in a QAES Assessment Schedule 4 of COP for Pipelines (pg 26) Schedule 2 of COP for Watercourse Crossings (pg 24) Schedule 4 of COP for Outfall Structures (pg 30) Remember, QAES must be a biologist

16 Directive ERCB September

17 Water Bodies and Well Sites Under ERCB s Directive 56 the well centre must be 100 m from a water body To obtain a routine licence for a well where the well centre is located on Freehold or Crown land and where the 100 m setback is not met the applicant must: Have Crown disposition if the well is on Crown land Maintain natural drainage Have acceptable measures in place to protect the water body during drilling and future production operations and mitigate the consequences of a spill Acceptable measures include: Site and berms constructed using impermeable materials, synthetic liner, vacuum truck, absorption material, enclosed systems with tankage and textile mats The ERCB expects measures to comply with all the relevant requirements of provincial and federal legislation and regulations

18 Watercourses Type Width Channel Characteristics Setback Requirements Large Permanent > 5 m Defined Channel 100 m Small Permanent m Defined Channel 45 m Intermittent/Spring < 0.7 m Defined Channel 45 m Ephemeral No Defined Channel 15 m From: EAP Integrated Standards and Guidelines

19 Wet Land or Wetland? Do you have watercourses/waterbodies on your project? Look for some of the usual euphemisms (Engineers, Surveyors, Planners): low lying area (or low wet area) ephemeral draw seasonally wet area (or temporarily wet area) discharge area vegetation change area What is your professional due diligence? Qualified people, experience and trust nothing is typical, everything is unique

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21 What is a QWAES? Qualified Wetland Aquatic Environment Specialist 1,2 An individual with knowledge of the aquatic environment, wetland soils, wetland species, hydrology and wetland margin habitat and their management or assessment Performs Wetland Impact Assessments 3 The term Qualified Wetland Aquatic Environment Specialist was taken from the Water (Ministerial) Regulation - Code of Practice for Pipelines and Telecommunication Lines Crossing A Water Body and modified to suit the Provincial Wetland Compensation Guidelines 1 Will become a QWSP Qualified Wetland Science Practitioner under the new Wetland Policy (implementation by June 2015) 2 Public Lands has introduced the term QWAP Qualified Wetland Assessment Practitioners who undertake wetland permanence assessments 3 Will become a WAIR Wetland Assessment and Impact Report under the new Wetland Policy (implementation by June 2015)

22 Photo credits: Claudette Lacombe

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24 You need to do the following: Find a QWAES (preferably a professional biologist) that can do a wetland assessment for you You might think you have only one or two wetlands to worry about:

25 when in fact you have this

26 What is involved in performing a wetland assessment? Getting your feet wet must be out on site to be able to properly classify the wetland Taking soil cores to look for peat or dead vegetation accumulation Identification of vegetation species, paying particular attention to wetland associated plants GPS of all coring sites Photo Credit: Julie robinson

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28 Photo credit: Claudette Lacombe

29 Components of a Good Wetland Assessment? Wetland Assessments should contain the following: Historical Air-photo Analysis Historical climate record analysis Classification and Delineation of the Wetland Dominant Vegetation Species Present (submerged aquatic vegetation, emergent, riparian, upland) Wildlife/waterfowl/amphibian/fish species Identification Nesting, staging or habitat areas Water Quality Analysis Algae and Zooplankton Analyses (not always necessary) Observations about Surrounding Land-use and Hydrology (if possible)

30 Waterbodies Type Basin Characteristics Setback Requirements Lakes Open Water (> 2 m depth) 100 m Permanent Shallow Open Water Ponds Open Water (> 2 m depth) deep marsh 100 m (S&K V) margin Semi-Permanent Ponds (S&K IV) Emergent deep marsh throughout 100 m Non-Permanent Seasonal Wetlands Shallow marsh 45 m (S&K III) Non-Permanent Temporary Wetlands (S&K II) Wet meadow 15 m setback requirement for wellsites and pipelines Fens (CWCS) No defined channel slow flowing No specific setback attempt to leave undisturbed Bogs (CWCS) Peatland acidic wetland no flow No specific setback From: EAP Integrated Standards and Guidelines

31 Certified Professional in Erosion and Sediment Control Water Act Approval states Development and Implementation of Sediment and Erosion Control Plan (EcoPlan not detailed enough) Use only certified CPESCs (Vancouver Island University) Engineers (stamp and approve drawings) Biologists (project monitors)

32 Great Resources Aquality s Wetland Policy Website: Aquality s Riparian Policy Website: