MTO Best Management Practices for Species at Risk Protection during Maintenance Activities

Transcription

1 ONTARIO MINISTRY OF TRANSPORTATION - ENVIRONMENTAL POLICY OFFICE MTO Best Management Practices for Species at Risk Protection during Maintenance Activities Document type: Best Management Practices Manual Prepared for: Maintenance Service Providers Issued by: Ministry of Transportation, Policy and Planning Division, Transportation Planning Branch - Environmental Policy Office November 18, 2016 Draft for Comment Cette publication hautement spécialisée, Draft Best Management Practices Manual, n'est disponible qu'en anglais conformément au Règlement 671/92, selon lequel il n est pas obligatoire de la traduire en vertu de la Loi sur les services en français. Pour obtenir des renseignements en français, veuillez communiquer avec le ministère des Transports par courriel : Nicole.Forbes@ontario.ca. -DRAFT FOR COMMENT

2 MTO Best Management Practices for Species at Risk Protection - Maintenance Activities TABLE OF CONTENTS INTRODUCTION... 3 PLANNING FOR WORK... 7 STANDARD BMP FOR SCREENING THE WORK AREA FOR SPECIES AT RISK AND HABITAT... 8 STANDARD BMP FOR ALL MAINTENANCE ACTIVITIES BMPS FOR SPECIFIC MAINTENANCE ACTIVITIES BEAVER DAM REMOVAL BRIDGE MAINTENANCE DITCHING AND DITCH CLEAN OUT DUST SUPPRESSION EROSION CONTROL AND WASHOUT REPAIR FACILITIES MAINTENANCE GENERAL DRAINAGE MAINTENANCE MAINTENANCE OF FENCES, SIGNS, GUIDE RAILS, PAVEMENT, AND OTHER HIGHWAY INFRASTRUCTURE NON-STRUCTURAL CULVERT REPLACEMENTS SALT AND SAND STORAGE FACILITY LOADING SHOULDERING AND GRADING VEGETATION MANAGEMENT GLOSSARY DRAFT FOR COMMENT 2

3 MTO Best Management Practices for Species at Risk Protection - Maintenance Activities INTRODUCTION TO MTO BEST MANAGEMENT PRACTICES FOR SPECIES AT RISK PROTECTION DURING MAINTENANCE ACTIVITIES PURPOSE OF MANUAL This MTO best management practice (BMP) manual provides guidance for MTO Service Providers to help ensure impacts to species at risk and habitat are avoided or minimized during routine highway maintenance activities. Following this BMP process will help ensure registration conditions are satisfied for activities registered under the Endangered Species Act, 2007 (section Threats to Health and Safety, not imminent of Ontario Regulation 242/08). It is the responsibility of the Service Provider to ensure all other applicable legislation, regulation, and protection requirements are satisfied when conducting work. BMP FRAMEWORK/PROCESS This manual includes two (2) standard BMPs that apply to all maintenance activities and 12 BMPs that are specific to maintenance operations. How to use the BMPs: First, it should be determined whether species at risk and habitat may exist in the work area before work begins and preferably during planning for upcoming work. Methods for determining this are included in the Standard BMP for Screening the Work Area for Species at Risk and Habitat. The results from screening the work area will determine which species are likely to be present. Next, when conducting work, the BMPs that apply to all maintenance operations should be well understood and applied where applicable. This information is provided in Standard BMPs for All Maintenance Activities. Then, activity specific BMPs should be applied. Each activity BMP provides a list of the types of species that are likely to be impacted by the activity, how they may be impacted, and measures that, if implemented, can avoid or minimize the potential for impact. In summary: 1. When planning work for the upcoming maintenance season, the following BMP should be considered by the Service Provider to determine whether species at risk and habitat may be present in the work areas: -DRAFT FOR COMMENT 3

4 MTO Best Management Practices for Species at Risk Protection - Maintenance Activities Standard BMP for Screening the Work Area for Species at Risk and Habitat This BMP applies to all activities and provides methods for determining if species at risk and/or habitat may be present in the work area. The following questions should be answered: Are species at risk and/or habitat likely present in the work area? What species and/or habitat are likely present? Are any of the species likely present in the work area identified in subsection (8) of Ontario Regulation 242/08 (i.e. ineligible species)? The presence or absence of species at risk will determine whether the activityspecific BMP should be applied. If a process for screening the work area is not followed, it should be assumed that species at risk are present everywhere, and that work modifications are required in the entire area. 2. When conducting work, two (2) or three (3) BMPs should always be considered: Standard BMP for All Maintenance Activities This BMP applies to all activities and provides best practices for all registered maintenance activities. It is organized into seven (7) categories that should be applied to all activities including: administration, awareness and training, qualified person(s), timing of work, general protection measures, encounters with species at risk, and BMP recording and reporting. AND Activity-Specific BMP There is a BMP for each registered maintenance activity that provides the best practices specific to that operation. Each BMP includes a description of the work the BMP applies to, species at risk likely to be impacted and potential impacts from the operation. The following question should be answered: -DRAFT FOR COMMENT 4

5 MTO Best Management Practices for Species at Risk Protection - Maintenance Activities Are the species determined to be present in the work area during screening likely to be impacted by the activity? If the species are likely to be impacted by the activity, implement the activity-specific BMP and the Standard BMP for All Maintenance Activities ; OR If the species are not likely to be impacted by the activity, implement the applicable sections of the Standard BMP for All Maintenance Activities. AND WHERE APPLICABLE MTO Best Management Practices Manual for Fisheries The MTO Best Management Practices Manual for Fisheries provides the mandatory procedures for undertaking routine activities in a manner that avoids impacts to fish and mussels and their habitat. BACKGROUND INFORMATION The Endangered Species Act, 2007 The information below is an interpretation of the Endangered Species Act, 2007 (ESA) for convenience purposes only. It is the responsibility of the Service Provider to ensure all applicable legislation, regulation, and protection requirements are satisfied when conducting work. Refer to Ontario E-Laws- Endangered Species Act, 2007 to access the full text of the act and the applicable regulations. Administered and enforced by the Ontario Ministry of Natural Resources and Forestry (MNRF), the ESA was passed in 2007 to provide protection to species at risk and their habitat with the intention of promoting species protection and recovery. The ESA prohibits: The killing, harming, harassing, capture, or taking of a species listed as endangered, threatened, or extirpated on the Species at Risk in Ontario List (SARO List) (clause 9(1)(a)), and, The damage or destruction of the habitat of a species on the SARO List that is endangered or threatened, or is extirpated and prescribed by the regulations (subsection 10 (1)). -DRAFT FOR COMMENT 5

6 MTO Best Management Practices for Species at Risk Protection - Maintenance Activities Ontario Regulation 230/08 (O. Reg. 230/08) under the ESA: O. Reg. 230/08, also known as the SARO List, provides the list of species in Ontario that receive protection under the ESA. This list can be updated one or more times per year. It is the responsibility of the Service Provider to be aware of any changes which may result in the need to rescreen planned activities, update registration information, etc. Refer to Ontario E-Laws O. Reg. 242/08: General to access the full text of the regulation. Ontario Regulation 242/08 (O. Reg. 242/08) under the ESA: O. Reg. 242/08 provides exemption clauses from section 9 (1) (a) and subsection 10 (1) ESA prohibitions for eligible activities provided certain conditions are satisfied. Refer to Ontario E-Laws O. Reg. 230/08: Species at Risk in Ontario List to access the full text of the regulation. O. Reg. 242/08 section 8 Imminent Threats to Health and Safety: The prohibitions of the ESA do not apply to a person carrying out activities to protect a human being or an animal if there is an imminent risk to the health or safety of the human being or animal. This applies to unplanned, emergency situations such as a road washout where there is an immediate threat to the safety of road users. O. Reg. 242/08 section Threats to Health and Safety, Not Imminent: This section applies to activities necessary to avoid or reduce a threat to human health or safety in situations where the threat is not imminent but is likely to have serious consequences in the short or long-term if the activity is not carried out. The majority of MTO s routine highway maintenance activities are reviewed for eligibility in this section. Eligible activities include the maintenance, repair, removal, replacement, or upgrade of a structure or infrastructure that is part of a road system if the work does not result in a temporary or permanent change of location, the area occupied, and use or operation. Specific conditions are set out in the regulation that must be satisfied for the purposes of this registration. It is the responsibility of the Service Provider to ensure activity registrations satisfy the registration conditions and current records are retained. -DRAFT FOR COMMENT 6

7 MTO Best Management Practices for Species at Risk Protection - Maintenance Activities PLANNING FOR WORK A prairie restoration site next to the Rt. Hon. Herb Gray Parkway where Dense Blazing Star, a species at risk plant, has been planted. Photo taken by Jaclyn Charlton, Windsor Border Initiatives Implementation Group, MTO When planning work for the upcoming maintenance season, the Service Provider should determine whether species at risk and/or habitat may be present in the work areas. Methods for determining this are provided in the Standard BMP for Screening the Work Area for Species at Risk and Habitat which follows. If the work area is not screened, it should be assumed that species at risk are present within the entire work area. -DRAFT FOR COMMENT 7

8 STANDARD BMP FOR SCREENING THE WORK AREA FOR SPECIES AT RISK AND HABITAT This standard BMP provides guidance for screening the work area for species at risk and habitat. The presence or absence of species at risk at the work site will determine whether an activity-specific BMP applies. BEST MANAGEMENT PRACTICES Step 1: Determine if Species at Risk and/or Habitat May Be Present in the Work Area Prior to the activity taking place, information for the work area should be reviewed to determine if any species at risk and/or habitat may be present and potentially impacted by the activity. This exercise should take place at least once per year by the Service Provider, preferably during planning, and should be performed by a qualified person with thorough knowledge of the Endangered Species Act, 2007 (ESA) and species screening methods. At a minimum, a desktop survey of species at risk information should be conducted using: 1. MNRF Species at Risk by Area mapping tool to search for species at risk by municipality or postal code, or by a region in Ontario. The species at risk that occur in the area will populate with a link to speciesspecific information including what it looks like, where it lives, and where it can be found. -DRAFT FOR COMMENT 8

9 Figure 1: Example of MNRF Species at Risk by Area mapping tool Figure 2: Results of Species at Risk by Area search using Greater Sudbury region. 2. MNRF Make a Map: Natural Heritage Areas application to review Natural Heritage Information Centre (NHIC) data. Note: NHIC records are not comprehensive and the absence of a NHIC record does not guarantee the absence of species at risk in the work area. -DRAFT FOR COMMENT 9

10 Figure 3: Results of Make a Map: Natural Heritage Areas search results 3. Ontario Nature Reptile and Amphibian Atlas, Atlas of the Breeding Birds of Ontario, and Department of Fisheries and Oceans Aquatic Species at Risk Mapping may also be consulted as additional resources. 4. Existing species at risk information for the work area from previous activities (such as a construction project) by request from MTO. 5. Information obtained from the local MNRF District office. Step 2: Determine if the Activity-Specific BMP Should be Implemented After the work area has been screened for the presence of species at risk and/or habitat, determine whether the BMP specific to the activity should be implemented. If a record of species at risk and/or habitat is not found within the work area, the activityspecific BMP is not required to be implemented. However, species at risk may still be present and the Standard BMP for all Maintenance Activities should be applied. Figure 4: Example of where to find species information, BMP: Facilities Maintenance If a record of species at risk and/or habitat is found within the work area, refer to the activity-specific BMP to determine if the species may potentially be impacted by the -DRAFT FOR COMMENT 10

11 activity. Each activity-specific BMP includes information on which species groups may be impacted by the operations and how they may be impacted. If the species at risk present are likely to be impacted by the activity: Implement the activity-specific BMP AND the Standard BMP for All Maintenance Activities. If a record for mosses, lichens, or vascular plants is found through the NHIC database and they are likely impacted by the activity, contact the local MNRF District office to determine if there are any additional required protection measures. The BMPs should be implemented: Within 3 km of any occurrence record; and, Within 150 m of any waterbody (e.g. wetland, watercourse, ponds, and lakes) adjacent to or within the Right-of-Way. This includes watercourses identified by the Department of Fisheries and Oceans Aquatic species at risk mapping. The distance for protection of certain species may vary over a geographic region and/or from year-to-year based on climate and other environmental factors. For some species, it may be appropriate to apply BMPs at a distance less than or greater than 3 km or 150 m of an occurrence record. A qualified person may make the determination if this applies to the region or activity. If the species at risk present are not likely to be impacted by the activity, the activityspecific BMP is not required. The Service Provider should proceed by: Implementing the applicable sections of the Standard BMP for All Maintenance Activities. Exercising care and caution by becoming aware of the measures included in the activity-specific BMP should the likelihood of impacts to species present in the work area increase. -DRAFT FOR COMMENT 11

12 Decision Tree: Determining if the Activity-Specific BMP Should be Implemented Determine if species at risk and/or habitat may be present in the work area Was a species at risk record discovered when screening the work area? Yes Determine if the activity-specific BMP should be implemented Are the species at risk likely to be impacted by the activity? (Refer to the activity-specific BMP). No Yes No The activity-specific BMP is not required to be implemented. However, species at risk may still be present and the Standard BMP for all Maintenance Activities should be applied. Implement Standard BMP for all Maintenance Activities and the activity-specific BMP: Within 3 km of a record; Within 150 m of a waterbody. DOCUMENTATION For the purpose of demonstrating compliance with registration conditions through use of this BMP, the following should be documented: All locations where the BMP was applied; Name of the person(s), and their qualifications, who determined species at risk occurrence in work areas; Date of the last update to the screening list for species at risk in work areas. All staff trained on the BMP, including dates and names. Any additional resources consulted, including communications. -DRAFT FOR COMMENT 12

13 Date and result of any communications with MNRF. This record is to be provided to MTO upon request, and should be completed, signed, and dated by the Service Provider within five days of work completion. The MNRF may request documentation that demonstrates compliance, and if requested, the Service Provider must provide documentation within 14 days. -DRAFT FOR COMMENT 13

14 ALL MAINTENANCE ACTIVITIES QEW Toronto bound from Ridgemount Road, taken by Nicholas Chevalier, Contract Management and Operations Branch, MTO When conducting work, the BMPs that apply to all maintenance activities should be well understood and applied where applicable. This information is provided in Standard BMP for All Maintenance Activities which follows. -DRAFT FOR COMMENT 14

15 1 SCOPE STANDARD BMP FOR ALL MAINTENANCE ACTIVITIES This standard BMP applies to all registered routine maintenance activities described in this manual, and provides the best practices that should be considered when conducting work. It is organized into seven (7) categories that should be applied to the work including: administration, awareness and training, qualified person(s), timing of work, general protection measures, encounters with species at risk, and BMP recording and reporting. 2 ADDITIONAL REFERENCES MNRF Rare Species Reporting Form MNRF Species at Risk Handling Manual OPSS PROV 182 General Specification for Environmental Protection during Work in Waterbodies and on Waterbody Banks 3 MAINTENANCE PROCEDURES Likely Impacted Species at Risk Groups This BMP applies to all species at risk listed on the Species at Risk in Ontario List, with the exception of those species that are excluded from registration as identified in subsection (8). Work that may impact excluded species requires an alternate form of authorization, for example a permit. Operational Constraints and Protection Measures Administration Ensure the activity registration reflects the most current species at risk records (i.e. activity is registered for all species at risk that may be present within the work area). Retain on site a copy of the Confirmation of Registration record and any other required documentation under O. Reg. 242/08 s Awareness and Training -DRAFT FOR COMMENT 15

16 Staff should be provided with species at risk information and/or awareness training so they are familiar with the species at risk procedures for the work, including reporting requirements. All staff performing maintenance activities should also receive information and/or awareness training on: Obligations under the ESA; Information about the specific species that may be present in the work area; How to identify the species (e.g. species fact sheets See Appendix 1 - Example of Toronto Zoo Species Identification Sheets); Species at risk encounters procedure; Habitat characteristics for the species/where species are likely to be found; Potential threats and impacts to the species; Measures to avoid or minimize impacts to the species during the work. A record of all persons provided information and awareness training should be kept. Qualified Person(s) A qualified person should be retained for or consulted with regarding assessment and management of the activity in accordance with the requirements of the ESA. The qualified person is someone who can demonstrate suitable education, experience, or knowledge relevant to the subject matter, and can provide advice related to activity planning and implementation. The qualified person should assist with assessment and management of the activity including: assessing legislative compliance with the ESA and registration conditions; accessing and interpreting species at risk information including records; assisting with work planning in accordance with timing of work windows; adjusting timing of work; verifying species identified in the field; providing advice related to reasonable measures to avoid or minimize impact; -DRAFT FOR COMMENT 16

17 Timing of Work directing work modifications or halting activities if deemed necessary to protect species at risk and/or habitat; species handling (including advice contained in the MNRF species at risk handling manual). Work should be scheduled during timing of work windows to avoid work during sensitive life stages for the species (i.e. species are likely to be carrying out a life process related to hibernation, reproduction, and rearing). Each activity-specific BMP includes a timing of work window. If work can be scheduled during the timing of work window, impacts to species are avoided and the activity may begin. If work cannot be scheduled during the timing of work window, work may proceed if work modifications are applied. These modifications are included in each activity-specific BMP. The timing of sensitive life stages for certain species may vary over a geographic region and/or from year-to-year based on climate and other environmental factors. Therefore it may be appropriate to adjust the timing of work window. A qualified person may make the determination if this applies to the region, and may provide an alternative timing of work window. General Protection Measures The Service Provider should make every effort to protect species by first avoiding impact to the species, and then if avoiding impact is not possible, mitigating impact. The Service Provider should look for opportunities to continuously improve the protection measures implemented, and the approach used to deal with species at risk encounters. See MNRF Species at Risk Guides and Resources for information sources. All on site staff are to undertake all activities with care, caution, and awareness to avoid killing, harming, or harassing species at risk, and damaging or destroying habitat. -DRAFT FOR COMMENT 17

18 If a series of activities will be undertaken and it is not possible to work within the timing of work window for all stages, schedule work in a manner that provides the greatest protection (e.g. schedule most disruptive activities to occur during the timing of work window if possible). Exercise extreme caution when working during a time of a sensitive life stage for the species (i.e. species are likely to be carrying out a life process related to hibernation, reproduction, and rearing). Limit the area of disturbance by undertaking the activity only at specific sites where work is required to meet operational requirements, and restrict personnel and machinery access to the work area. If practical, implement measures, such as temporary barriers, to exclude members of the species from the work area and ensure measures will not pose a risk of harm to the species (e.g. entanglement of snakes in geotextile fencing with nylon mesh lining is possible). Ensure any exclusion or protection measures are implemented prior to sensitive times for species and inspect measures routinely. Immediately prior to commencing work: Visually survey the active area for species at risk, and Inspect all machinery left at the work site overnight for the presence of species that may have entered enclosed spaces and crevices before operating machinery. Operate vehicles and machinery at the work area at speeds at which species at risk can be identified and vehicles and machinery can be stopped safely to avoid the species. Where possible, modify the type of machinery used to minimize disturbance (e.g. using hand tools or lighter machinery wherever possible). Encounters with Species at Risk For species at risk that are identified in the project registration, follow the applicable procedure for the type of species encounter (below). If a species is encountered but was not originally thought to be within the work area or was determined to be greater than 3 km away from the activity, or that was recently -DRAFT FOR COMMENT 18

19 added to or up-listed on the SARO List, ensure appropriate authorization has been obtained under the ESA (e.g. if eligible, add the species to the project registration). For all encounters: Immediately cease activity within the work area of the encounter; Immediately notify MTO; Do not approach or handle the species (i.e. do not harm or harass the species); Identify the individual species and determine species status; Document all species at risk encounters, and report the encounter with the MNRF using the Rare Species Reporting Form no later than three (3) months from the time of the encounter. i. Mobile species, Provide 24 hours for species to leave the area before continuing the activity. If the species does not leave the site within 24 hours and work must proceed in the area of the encounter, take measures to relocate the species to a nearby suitable location. Only appropriately trained persons should handle or relocate species. ii. Injured species, Take measures to ensure the species is protected from further harm (e.g. provide operator/worker awareness to avoid the location of the encounter). Contact the qualified person to determine and implement required actions (e.g. if feasible, the capture and relocation of an injured species to an appropriate care facility by the qualified person). Do not perform any work in the immediate location of the encounter until the species is removed from further harm. iii. Nest of a species, Contact a qualified person to determine whether the nest is active or inactive. Notify MTO of the nest status. If active, mark an area at the location of the encounter around the nest in a way that will protect the species from harm and will not identify the species to predators. -DRAFT FOR COMMENT 19

20 Refer to the SARO List web page to determine if a General Habitat Description is available for the species encountered, and if available implement the buffer zone indicated. If no MNRF guidance on a buffer zone is available, contact a qualified person to determine a protective buffer zone. Do not perform any work within the buffer zone. Monitor the species to ensure it is not stressed or disturbed, including not disturbing its habitat. If the species appears stressed or disturbed cease operations immediately and contact a qualified person for direction. If a protected underground nest has been exposed, ensure it is covered with the same material and to the same depth if appropriate. If it is necessary to remove a nest to proceed with work, contact a qualified person to determine options for removal in accordance with the legislation and regulation (including the Migratory Birds Convention Act) and to determine consultation requirements with regulatory agencies. Notify MTO of any plans to remove a nest. iv. Species giving live birth, with eggs, or young, Mark an area at the location of the encounter in a way that will protect the species from harm and will not identify the species to predators. Refer to the SARO List web page to determine if a General Habitat Description is available for the species encountered and if so, implement the buffer zone indicated. If no MNRF guidance on a buffer zone is available, contact a qualified person to determine a protective buffer zone. Do not perform any work within the protective buffer zone. Monitor the species to ensure it is not stressed or disturbed, including not disturbing its habitat. If the species appears stressed or disturbed cease operations immediately and contact a qualified person for direction. v. Hibernating species, Contact a qualified person to determine how work may proceed. If the species must be relocated, follow a relocation plan prepared in accordance with the Act or obtain an ESA permit to proceed. vi. Mosses, lichens, or vascular plant species, Mark an area at the location of the encounter in a way that will protect the species from harm and will not identify the species to predators. -DRAFT FOR COMMENT 20

21 Refer to the SARO List web page to determine if a General Habitat Description is available for the species, and if so, implement the buffer zone indicated. If no MNRF guidance on a buffer zone is available, contact a qualified person to determine a protective buffer zone. Do not perform any work within the protective buffer zone. When operations resume, continue the activity without impairing the species ability to carry out its life processes including reproduction, e.g. seed dispersal. If it is necessary to kill or harm the species for the purpose of undertaking the activity, contact the qualified person for guidance on relocating the species. For all encounters, the following information should be recorded and made available to MTO upon request: The name and qualifications of the qualified person(s) that assisted with species at risk encounters; Date and time the qualified person was contacted; All resources consulted, including communications records; All locations and dates where species at risk were encountered; The names of species encountered; Photographs of the species, if taken; Measures implemented to avoid or minimize harm to the species; Date report of the encounter was submitted to the Natural Heritage Information Centre (must be submitted within 3 months of the encounter). BMP Recording and Reporting To document that the BMP process has been followed for the purpose of demonstrating compliance with registration conditions, record and make available the following information: A description of the work, including safety objectives (include a copy of an engineer s report if applicable); The locations and dates the activity was undertaken; A list of species at risk potentially impacted in the work area; All measures implemented to avoid or minimize harm; including, Specific locations the BMP process was implemented; Start and completion dates of the activity at each location; -DRAFT FOR COMMENT 21

22 Locations where work was scheduled during the timing of work window (see timing of work window table in the activity-specific BMP); Rationale for all locations where work could not be scheduled during the timing of work window (e.g. the risk to human health or safety that required work to occur at a certain time). All training that staff received on the BMPs, the ESA, and species at risk. The Service Provider should also consider providing the MTO with lessons learned and any recommendations to improve species protection in accordance with operational requirements. Within five (5) days of work completion, documentation should be completed, signed, and dated by the Service Provider. Ensure this information is kept current and made available upon request of MTO and MNRF within 14 days. 4 REFERENCES Ontario Ministry of Transportation Publications MTO Best Management Practices Manual for Fisheries MTO Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, Operation, and Maintenance Canadian and Provincial Statutes Endangered Species Act, O.R., 2007, c.6 *Fisheries Act, R.S.C., 1985, c. F-14 *Migratory Birds Convention Act, S.C. 1994, c.22 *Species at Risk Act, S.C. 2002, c.29 Ontario Regulation 242/08: General Ontario Regulation 230/08: Species at Risk in Ontario List *The objective of this BMP Manual is to provide guidance to satisfy conditions of activities registered under Ontario Regulation 242/08, section Threats to Health and Safety, not imminent of the Endangered Species Act, Federal legislation may -DRAFT FOR COMMENT 22

23 also apply to the work. It is the responsibility of the Service Provider to ensure all other applicable legislation, regulation, and protection requirements are satisfied when conducting work. -DRAFT FOR COMMENT 23

24 BMPS FOR SPECIFIC MAINTENANCE ACTIVITIES Highway 11 North in North Bay, taken by Rick Moore, MTO The activity-specific BMP that applies to the maintenance work should be referred to and implemented where the results from screening the work area have determined species at risk and/or habitat may be present in the work area and are likely to be impacted by the activity. This information is provided in the respective BMPs that follow. -DRAFT FOR COMMENT 24

25 BEAVER DAM REMOVAL To avoid or minimize impacts to species at risk and their habitat during beaver dam removal using this BMP process, there are four (4) BMPs to consider: Standard BMP for Screening the Work Area for Species at Risk and Habitat; and Standard BMP For All Maintenance Activities; and Activity BMP: Beaver Dam Removal (below); and MTO Best Management Practices Manual for Fisheries: Beaver Dam Removal. 1 SCOPE This BMP applies to beaver dam removal activities within work areas that may contain provincial species at risk. Beaver dam removal may include the following activities: Removal of beaver dams within the right-of-way; and Removal of beaver dams that are outside the right-of-way and pose a threat of flooding the right-of-way. 2 ADDITIONAL REFERENCES OPSS.PROV 182 General Specification for Environmental Protection for Construction in and Around Waterbodies and On Waterbody Banks 3 MAINTENANCE PROCEDURES It is important to exercise caution when proceeding with work in areas that may contain species at risk to avoid or minimize impacts to species. Likely Impacted Species at Risk Groups Fish* and Mussels*; Mosses, Lichens, and Vascular Plants; and Turtles *Refer to the MTO Best Management Practices Manual for Fisheries for mandatory requirements for undertaking work that may impact these species or their habitat. Fish and mussels can be found undertaking life processes where water exists and conditions are favourable for the individual species (e.g. shallow roadside -DRAFT FOR COMMENT 25

26 ditches to larger flowing bodies of water). Fish and mussels may be impacted by activities which alter drainage and water movement as well as by activities that increase sediment movement into their habitat. Road mortality is one of the most serious threats facing turtles in Ontario. Turtles can be found nesting and hibernating in and around waterbodies, in the soft material found in road embankments, and road shoulders. They may also be seen crossing roads in search of mates, food, and nest sites. There is a risk of road mortality during this sensitive time. Further, heavy machinery travelling over nests may impact the species. Mosses, lichens, and vascular plants may be present in the highway right-of-way and may be impacted by use of machinery, materials, and by human presence (e.g. boots on the ground). Mosses, lichens, and vascular plants growing alongside a road may also be impacted by activities which alter drainage and water movement, increase soil erosion and dust, and alter the light regime. Potential Impacts to Species at Risk Disruption of species during times the species are likely to be carrying out a life process related to hibernation, reproduction, and rearing. Increased water levels may damage or destroy habitat and increase erosion of stream banks and streambeds due to altered water flows, and increase the transport of sediment downstream. Decreased water levels may damage or destroy upstream habitat and strand species. Dewatering of in-water work areas may strand species and pose a risk of impingement and entrainment in dewatering equipment. Physical impacts from use of machinery on land and/or in water may pose a risk to individual species, their habitat, and nesting sites. Risk increases during peak species movement times and nesting periods. The operation of machinery may also release debris into nearby watercourses and increase debris transport to downstream habitats. Operational Constraints and Protection Measures -DRAFT FOR COMMENT 26

27 Review the Standard BMP for All Maintenance Activities for standard best practices that are applicable to the work, including species at risk encounter protocols and process documentation requirements. Timing of Work Beaver dam removal activities should be scheduled to avoid wet and rainy periods and in-water work should be conducted during low flow conditions. Work should be scheduled to avoid times that species are likely to be carrying out a life process related to hibernation, reproduction, and rearing. Where operationally feasible, schedule work to occur at the following times (see timing of work window below): Region Species Timing of Work Window Turtles West May 1 August 31 Central May 16 August 31 East May 16 August 31 Northwest There are no protected species. Northeast June 1 August 31 The SARO List is amended from time to time which may result in changes to the timing of work window. These timing of work windows are current as of October Contact the MNRF to determine the timing of work window for species at risk fish and mussels. There is no timing of work window for species at risk mosses, lichens, and vascular plants. If work can be scheduled during the timing of work window, impacts to species can be avoided. Document that the activity will take place during the timing of work window and begin the activity. If work cannot be scheduled during the timing of work window, work may proceed if work modifications are applied. Document the reasons the activity must take -DRAFT FOR COMMENT 27

28 place at that time (e.g. the risk to human health or safety) and proceed with work modifications. Work Modifications For species at risk fish and mussels, implement MTO Best Management Practices Manual for Fisheries: Beaver Dam Removal. When a series of dams are to be removed, begin dam removal downstream working to upstream to minimize disruption. Remove obstructions incrementally in a controlled manner. Release water slowly and allow the water level to stabilize and any sediment to settle before continuing. Take care to avoid releasing a sudden surge of water. Apply Standard BMP for All Maintenance Activities where applicable. -DRAFT FOR COMMENT 28

29 BRIDGE MAINTENANCE To avoid or minimize impacts to species at risk and their habitat using this BMP process, there are four (4) BMPs to consider: Standard BMP for Screening the Work Area for Species at Risk and Habitat; and Standard BMP For All Maintenance Activities; and Activity BMP: Bridge Maintenance (below); and MTO Best Management Practices Manual for Fisheries: Bridge Maintenance. 1 SCOPE This BMP applies to bridge maintenance activities within work areas that may contain provincial species at risk. Bridge maintenance may include the following activities: Bridge sweeping, cleaning, and washing that includes removing debris and other materials from bridge components and the substructure inclusive of abutments, in-water piers, steel members and joints, and drains; and Bridge deck and expansion joint maintenance and repair; and Water flow obstruction removal, including the removal of trees and large amounts of debris accumulated at bridge piers 2 ADDITIONAL REFERENCES Not Used 3 MAINTENANCE PROCEDURES It is important to exercise caution when proceeding with work in areas that may contain species at risk to avoid or minimize impacts to species. Likely Impacted Species at Risk Groups Birds (Barn Swallow); Fish* and Mussels*; Mosses, Lichens, and Vascular Plants; Turtles *Refer to the MTO Best Management Practices Manual for Fisheries for mandatory requirements for undertaking work that may impact these species or their habitat. -DRAFT FOR COMMENT 29

30 Birds may be attracted to open or closed structures such as bridges and culverts that have suitable faces and ledges for nesting. Some species of birds are drawn to roads to feed on prey such as insects or carrion. This may increase the likelihood of interactions with vehicles on the road surface or within the right-ofway. Fish and mussels can be found undertaking life processes where water exists and conditions are favourable for the individual species (e.g. shallow roadside ditches to larger flowing bodies of water). Fish and mussels may be impacted by activities which alter drainage and water movement as well as by activities that increase sediment movement into their habitat. Mosses, lichens, and vascular plants may be present in the highway right-of-way and may be impacted by use of machinery, materials, and by human presence (e.g. boots on the ground). Mosses, lichens, and vascular plants growing alongside a road may also be impacted by activities which alter drainage and water movement, increase soil erosion and dust, and alter the light regime. Road mortality is one of the most serious threats facing turtles in Ontario. Turtles can be found nesting and hibernating in and around waterbodies, in the soft material found in road embankments, and road shoulders. They may also be seen crossing roads in search of mates, food, and nest sites. There is a risk of road mortality during this sensitive time. Further, heavy machinery travelling over nests may impact the species. Potential Impacts to Species at Risk Disruption of species during times the species are likely to be carrying out a life process related to hibernation, reproduction, and rearing. Altered water levels may damage or destroy habitat, strand species, increase erosion of stream banks and streambeds, and increase the transport of sediment downstream. Physical impacts from use of machinery on land and/or in water may pose a risk to individual species, their habitat, and nesting sites. Risk increases during peak species movement times and nesting periods. The operation of machinery may also release debris into nearby watercourses and increase debris transport to downstream habitats. -DRAFT FOR COMMENT 30

31 Work on structures where bird nests are possible (e.g. ledges, vertical surfaces, deck drains, lateral drains in abutments) may damage or destroy nests, and may injure, harm or harass species that may occupy the nests. Operational Constraints and Protection Measures Review the Standard BMP for All Maintenance Activities for standard best practices that are applicable to the work, including species at risk encounter protocols and process documentation requirements. Timing of Work Bridge maintenance activities should be scheduled to avoid wet and rainy periods and in-water work should be conducted during low flow conditions. Coordinate the activity with the `spring freshet when possible (i.e. watercourse thaw resulting from snow and ice melt). Work should be scheduled to avoid times that species are likely to be carrying out a life process related to hibernation, reproduction, and rearing. Where operationally feasible, schedule work to occur at the following times (see timing of work window table below): Species Region Barn Swallow Timing of Work Window Turtles West Sept 1 April 30 May 1 Aug 31 Central Sept 1 April 30 May 16 Aug 31 East Sept 1 April 30 May 16 Aug 31 Northwest Sept 1 April 30 No protected species Northeast Sept 1 April 30 June 1 Aug 31 The SARO List is amended from time to time which may result in changes to the timing of work window. These timing of work windows are current as of October Contact the MNRF to determine the timing of work window for species at risk fish and mussels. There is no timing of work window for species at risk mosses, lichens, and -DRAFT FOR COMMENT 31

32 vascular plants. Timing of Work Window If work can be scheduled during the timing of work window, impacts to species can be avoided. Document that the activity will take place during the timing of work window and begin the activity. If work cannot be scheduled during the timing of work window, work may proceed if work modifications are applied. Document the reasons the activity must take place at that time (e.g. the risk to human health or safety) and proceed with work modifications. Work Modifications For species at risk fish and mussels, implement MTO Best Management Practices Manual for Fisheries: Bridge Maintenance. Temporarily block deck drains when washing. Direct wash water into sediment control measures and/or a vegetated discharge area 30m away from a waterbody or as far away as practical from the top of the bank of any waterbody. Remove any obstructions slowly and in stages if applicable to prevent large releases of water or sediment. Establish preventative measures, where practical, to prevent species from nesting within the work area. Preventative measures should be established prior to the end of the timing of work window (e.g. before May 1 for barn swallow) to ensure returning species do not establish active nests in the work area before work begins. Avoid nests in accordance with the species encounter protocol in the Standard BMP for All Maintenance Activities. Apply Standard BMP for All Maintenance Activities where applicable. -DRAFT FOR COMMENT 32

33 DITCHING AND DITCH CLEAN OUT To avoid or minimize impacts to species at risk and their habitat using this BMP process, there are four (4) BMPs to consider: Standard BMP for Screening the Work Area for Species at Risk and Habitat; and Standard BMP For All Maintenance Activities; and Activity BMP: Ditching and Ditch Clean Out (below); and MTO Best Management Practices Manual for Fisheries: Ditch Maintenance Within 30 Metres of a Waterbody. 1 SCOPE This BMP applies to ditching and ditch clean out activities within work areas that may contain provincial species at risk. Ditching and ditch clean out may include the following activities: Removing vegetation and accumulated debris from the ditch; and Re-contouring the ditch profile using graders and excavators along the shoulder. Ditching and ditch clean out does not include the following activities: New ditching. 2 ADDITIONAL REFERENCES OPSS. PROV 182 General Specification for Environmental Protection for Construction in and Around Waterbodies and on Waterbody Banks 3 MAINTENANCE PROCEDURES It is important to exercise caution when proceeding with work in areas that may contain species at risk to avoid or minimize impacts to species. Likely Impacted Species at Risk Groups Amphibians; Birds (ground-nesters); Fish* and Mussels*; Mammals (American Badger); Mosses, Lichens, and Vascular Plants; Snakes and Lizards; Turtles -DRAFT FOR COMMENT 33

34 *Refer to the MTO Best Management Practices Manual for Fisheries for mandatory requirements for undertaking work that may impact these species or their habitat. Amphibians can be found undertaking life activities in a variety of areas depending on the individual species (e.g. highway ditches, loose soil, leaves, waterbodies, underground burrows, under rocks, etc.). They may also be seen traveling between breeding sites and winter hibernation sites along roads. Amphibians such as frogs and salamanders are often seen on roads during specific times of year especially on warm rainy evenings. Road mortality may be a cause of decline for some amphibian species in Ontario. Ground-nesting birds may be seen in grasses, shrubs, or open areas within the right-of-way where they may be nesting or foraging. Some species of birds are drawn to roads to feed on prey such as insects or carrion. This may increase the likelihood of interactions with vehicles on the road surface or within the right-ofway. Fish and mussels can be found undertaking life processes where water exists and conditions are favourable for the individual species (e.g. shallow roadside ditches to larger flowing bodies of water). Fish and mussels may be impacted by activities which alter drainage and water movement as well as by activities that increase sediment movement into their habitat. The American Badger makes use of a variety of habitats such as the soft material found in road embankments and the banks of roadside ditches, and can be seen crossing roads in search of prey. Mosses, lichens, and vascular plants may be present in the highway right-of-way and may be impacted by use of machinery, materials, and by human presence (e.g. boots on the ground). Mosses, lichens, and vascular plants growing alongside a road may also be impacted by activities which alter drainage and water movement, increase soil erosion and dust, and alter the light regime. Snakes and lizards can be found undertaking life processes in a variety of areas near roadways (e.g. open woodlands, small wetlands) which is dependent on the individual species. They are most often encountered basking on roads and road shoulders, and may sometimes be seen crossing roads. They may also be attracted to man-made structures (e.g. crevices, culverts, bridge footings) as potentially suitable shelter or hibernation habitat. -DRAFT FOR COMMENT 34

35 Road mortality is one of the most serious threats facing turtles in Ontario. Turtles can be found nesting and hibernating in and around waterbodies, in the soft material found in road embankments, and road shoulders. They may also be seen crossing roads in search of mates, food, and nest sites. There is a risk of road mortality during this sensitive time. Further, heavy machinery travelling over nests may impact the species. Potential Impacts to Species at Risk Disruption of species during times the species are likely to be carrying out a life process related to hibernation, reproduction, and rearing. Altered water levels may damage or destroy upstream habitat, strand species, increase erosion of stream banks and streambeds, and increase the transport of sediment downstream. Disturbance of earth may increase the transport of sediment downstream. Work in ditches or fissures in structures in the vicinity of ditches that may provide habitat (e.g. culverts, bridge footings) may be damaged or destroyed and may impact species that could be occupying such areas. Physical impacts from use of machinery on land and/or in water may pose a risk to individual species, their habitat, and nesting sites. Risk increases during peak species movement times and nesting periods. The operation of machinery may also release debris into nearby watercourses and increase debris transport to downstream habitats. Operational Constraints and Protection Measures Review the Standard BMP for All Maintenance Activities for standard best practices that are applicable to the work, including species at risk encounter protocols and process documentation requirements. Timing of Work Ditch maintenance activities should occur during dry weather and when heavy or persistent precipitation is not expected to occur. Work should be scheduled to avoid times that species are likely to be carrying out a life process related to hibernation, reproduction, and rearing. -DRAFT FOR COMMENT 35