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ENVIRONMENTAL AWARENESS
TRAINING
May 2010, Best Western Hotel, Valemount
COURSE CONTENTModule 1: IntroductionModule 2: Key RegulationsModule 3: Fish & Fish HabitatModule 4: Permitting Process (Fisheries)Module 5: Industry ExperiencesModule 6: Best Management PracticesModule 7: Project Planning Strategies
MODULE 1
Introduction
*Definitions provided in this presentation are not the complete legal definitions and are not intended for legal purposes.
COURSE OBJECTIVES
Increase awareness of environmental responsibilities and liabilities
Overview of legislation and permitting requirements
Overview of Best Management Practices
MODULE 2
Key Regulations
*Definitions provided in this presentation are not the complete legal definitions and are not intended for legal purposes.
The FISHERIES ACT (Policy)
Enforcement of the Fisheries Act is driven by
“Policy for the Management of Fish Habitat”
“No Net Loss” of productive capacity
The FISHERIES ACT (Regulation)
Section 35 (1 & 2) 35(1) No work that results in the Harmful Alteration, Disruption or Destruction of fish habitat (HADD).
OR face fines of up to $1,000,000
35(2) UNLESS authorized by minister or designate
“Deleterious Substance” Regulation
Section 36(3)No person shall deposit or permit the deposit of a deleterious substance in water frequented by fish.
UNLESS under conditions authorized by orpursuant to regulations applicable to that water
CN & CP RAIL Fisheries Act charges■ Derailments (Cheakamus, Wabamun)■ Pesticide application■ Brushing■ Beaver dam removal■ Grouting leachate■ Failure to report
RECENT INDUSTRY EXPERIENCES
MODULE 3
What is “Fish Habitat”
*Definitions provided in this presentation are not the complete legal definitions and are not intended for legal purposes.
What is “Fish Habitat”?
Fish habitat can be described at 3 levelsAs a FSZ including stream & riparian
Stream
R i p a r i a n
Fish Habitat – Riparian Vegetation
Take Home Messages
The zone within 1 tree height of a streamis considered fish habitat
Communication is Key!
MODULE 4
LEGISLATION & PERMITTING
The FISHERIES ACT
The WATER ACT
Permitting Requirements
To acquire an instream work permit or licence A person must:
comply with any requirements established by regulation, or by the person reviewing the application and issuing permit,
provide the plans, specifications and other information the regulatory agency requests
DFO Requirements“Habitat Conservation and Protection Guidelines” describe the principles of instream work application.
Hierarchy of Preferred Management OptionsRelocation Most PreferredRedesignMitigationHabitat Compensation Least Preferred
DFO Requirements“Preferred Management Options” are also affected by level of productive capacity.
Critical HIGH level of protectionImportant Moderate level of protection; Marginal Minimum level of protection
Typical Permit Application Requirements
Description of the proposed works
Justification for the works (WHY)
Assessment of fish & fish habitat values
Description/quantification of potential impacts Proposed “mitigation” techniques (EMP)
Agency differences
Information requirements
Lead time
Habitat balance approach
Enforcement ethic
Regional agency variation
Experience and personality driven
Lead approving agency
Intensity of site visits
Approval process
Emergency Works■Emergency conditions allow some flexibility in the
application of BMPs.
■No provincial standard for designation of an
“emergency”.
■Notification of regulatory agencies still required.
■Safe and appropriate BMPs suitable to existing site
conditions must still be followed.
Developing working relationships
Agency trust is earned through:
Good communicationProactive projectsApplication of BMPsNet habitat gains
Take Home Messages
Most activities in or about a stream will require some form of approval
There are benefits in developing a good working relationship with agencies
MODULE 5
Industry Experiences
Proponent differencesExperience
Equipment available
Acceptable risk
Approach
Lead time available
Proponent requirements
Greater expectations from large companies
Project requirements vary more byagency contact than region
BEAVER AND BEAVER DAM CONTROL
Work on Dams may be done only between March 16 to September 14 (unless all beavers are first trapped and removed) Destruction of Beavers may be done only between August 16 and April 30 MOE Notification Required - South of the M398 DFO Notification may also be required (BC)
ROCK SCALING, BLASTING AND SLIDE ROCK
■Waste rock, including slide material, cannot be dumped or placed in to any water body
■One exception: ■We have approval to place large, clean rock from scaling and blasting, into Anderson and Seton Lakes, at a few designated locations (BC)
BRUSH CUTTING ■Never cut brush right up to the edge of a river, stream, creek or lake■Leave at least 2 metres (6 feet) of riparian vegetation near river, lakes and streams■Marshy areas and swamps may also be fish habitat■Leave at least 1 metre (3 feet) of vegetation uncut in marshy and swampy areas
Sediment Control
Most contractors are willing to employBMPs that are simple and low cost
Most problems result from contractors that do not bring the right equipment (pumps) & materials to the site
Sediment Control
Planning Strategies
Anticipate works that will require approval
Mitigate to the greatest extent possible
timing of works, select appropriate BMPs
Collect appropriate site data
Planning StrategiesRecognize and address priority actions
Order necessary materials
Source necessary equipment
Assign experienced supervisor & crew