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