NE-8 Guidelines for the Protection of Fish and Fish Habitat · guidelines for the protection of fish and fish habitat the placement and design of large culverts fisheries and oceans

GUIDELINES FOR

THE PROTECTION OF FISH AND FISH HABITAT

THE PLACEMENT AND DESIGN OF LARGE CULVERTS

FISHERIES AND OCEANS CANADA

MARITIMES REGION

Final Draft

April 1, 1998

TABLE OF CONTENTS

LIST OF FIGURES ........................................................................................................................................... iv

LIST OF TABLES............................................................................................................................................. iv

LIST OF APPENDICES ........................................................................................................................................v

ABSTRACT ................................................................................................................................................... viRESUME ....................................................................................................................................................... vi1.0 INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l

1.1 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

1.2 Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

1.3 Objectives and Methodology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1.3.1 Legislative Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

1.3.2 Guideline Methodology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

1.3.3 Project Screening . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2.0 DETERMINATION OF VALUED FISH SPECIES AND FISH HABITAT . . . . . . . . . . . . . . . 10

2.1 Identification of Valued Fish Species . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

2.1.1 Presence of VFSs by Hydrological Region . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

2.2 Site Assessment; Fish and Fish Habitat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

2.2.1 Site Assessment-Fish Habitat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

2.2.2 Site Assessment-Fish Population . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

3.0 POTENTIAL IMPACTS OF PROPOSED PROJECTS ON FISH AND FISH HABITAT . . . . . . . 23

3.1. Construction Phase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

3.1.1 Blasting and Explosives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

3.1.2 Land Clearing of Riparian Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

3.1.3 Temporary Site Access and Work Platform . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

3.1.4 Acid Generating Rock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

3.1.5 Water Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

3.1.6 Culvert Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

3.1.7 Construction of Permanent Stream Features . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

3.1.8 Backfill and Overstructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

3.2 Culvert operation Phase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

3.3 Cumulative Effects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

4.0 FISH PASSAGE DESIGN CRITERIA FOR CULVERTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

4.1 Rationale of Design Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

4.2 Fish Species and Migration Timing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

4.3 Flow Determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Guidelines for the Protection of Fish and Fish Habitat, DFO, 4/1/98 i

4.3.1 High and Low Flow ..............................................................................................30

4.3.2 Peak Flood Flows..................................................................................................31

4.4 Maximum Water Velocities ..............................................................................................32

4.5 Minimum Flow Depth .....................................................................................................37

4.6 Baffle Requirements ........................................................................................................37

4.6.1 Baffle and Notch Sizes .........................................................................................38

4.6.2 Baffle Spacing ......................................................................................................40

4.6.3 Notch Construction Details ..................................................................................41

4.7 Invert Elevations ..............................................................................................................41

4.8 Energy Dissipation Pool Volumes ....................................................................................42

4.9 Channel Design of Approach Sections ............................................................................43

4.10 Integration into Environmental Protection Procedures ....................................................44

5.0 ENVIRONMENTAL PROTECTION PROCEDURES ...............................................................45

5.1 Planning ............................................................................................................................43

5.1.1 Alignment Selection .............................................................................................16

5.1.2 Other Planning Considerations ............................................................................47

5.2 Design ..............................................................................................................................48

5.2.1 Buffer Zones .........................................................................................................48

5.2.2 Site Access. ...........................................................................................................49

5.2.2.1 Clearing...................................................................................................49

5.2.2.2 Other Protection Procedures ...................................................................50

5. 3 Erosion and Sediment Control ..........................................................................................50

5.3.1 Site Evaluation ......................................................................................................51

5.3.2 Erosion Control Planning......................................................................................51

5.3.2.1 Minimize Exposed Soil...........................................................................51

5.3.2.2 Keep Clean Water Clean .........................................................................51

5.3.2.3 Protect Exposed Soil ................................................................................51

5.3.3 Sediment Control ...................................................................................................53

5.3.4 Site Management ..................................................................................................53

5.3.4.1 Workers Instructions ...............................................................................54

5.3.4.2 Planned Construction Activities .............................................................54

5.3.4.3 Maintenance and Inspection ..................................................................54

5.3.4.4 Contingency Planning and Emergency Procedures ................................55

5.4 Culvert Installation............................................................................................................55

5.4.1 Water Control .......................................................................................................55

5.4.2 Temporary Diversions and Flumes .......................................................................56

5.4.3 Temporary Stream Crossings................................................................................57

5.4.4 Other Protection Procedures .................................................................................58

Guidelines for the Protection of Fish and Fish Habitat, DFO, 4/1/98 ii

5.5 Control of Deleterious and Hazardous Substances ..........................................................58

5.5.1 Fuels, Lubricants and Hydraulic Fluids ...............................................................58

5.5.2 Wood Preservatives, Paints, Cast-In-Place Concrete and

Other Toxic Substances ........................................................................................59

5.6 Maintenance and Monitoring ...........................................................................................60

6.0 REFERENCES ............................................................................................................................61

Guidelines for the Protection of Fish and Fish Habitat, DFO, 4/1/98 iii

LIST OF TABLES

Table 2.1: Selection of Valued Fish Species (VFS) in New Brunswick,

Nova Scotia and Prince Edward Island ...................................................................12

Table 2.2: Valued Fish Species (VFS) by Hydrological Region ..............................................21

Table 4.1: List of Valued Fish Species and Biological Characteristics.....................................33

Table 4.2: Baffle and Notch Sizes...............................................................................................8

LIST OF FIGURES

Figure 1.1: Guideline Methodology .............................................................................................6

Figure 2.1: Hydrometric Stations and Hydrological Regions ....................................................20

Figure 4.1: Swimming Distance Curves for Several Fish Lengths

(Subcarangiform Mode) (after Katopodis 1993) .....................................................36

Figure 4.2: Conceptual culvert with baffles (from DFO 1992) .................................................37

Figure 4.3: Baffle Details (NB DoT 1995 ..................................................................................39

Figure 4.4: Cross section of culvert with baffles .......................................................................41

Figure 4.5: Pool Riffle Sequence................................................................................................44

Guidelines for the Protection of Fish and Fish Habitat, DFO, 4/1/98 iv

Guidelines for the Protection of Fish and Fish Habitat, DFO, 4/1/98 v

Guidelines for the Protection of Fish and Fish Habitat;

The Placement and Design of Large Culverts

Abstract

Culverts remain the most common form of watercourse crossing in the Department of Fisheries and Oceans Maritimes Region which includes, New Brunswick, Nova Scotia, and Prince Edward (stand. Ongoing roadway construction practises associated with the placement of culverts have resulted in a number of adverse impacts on fish habitats including chronic sedimentation and long term impediments to the movement of fish. Adverse impacts associated with the construction of culverts can persist for the operational life of the structure, in many cases decades. The distribution of fish species varies throughout the Maritimes Region and twenty (20) Valued Fish Species (VFS) occur within these waters. Nine distinct hydrological zones have been identified within the region and valued fish species VFS confirmed for each of these zones. Habitat requirements for each of the VFS vary considerably. Fish passage design criteria for the particular flow and species needs of each of the nine hydrological zones are presented. This document also provides habitat assessment criteria for salmonid habitat, identifies potential adverse impacts on fish habitats, as well as, presents environmental protection procedures for all phases of planning, construction, and operation of large complex culverts.

Résumé

Les ponceaux demeurent la méthode la plus courante de franchir les tours d’eau dans la Région des Maritimes du Ministère des Pêches et des Océans, laquelle recgroupe le Nouveau-Brunswick, la Nouvelle-Écosse, et 1’Î1e-du-Prince-Édouard. Les pratiques actuelles de construction de route qui sont reliées à l’installation des ponceaux ont eu de nombreux effets nocifs sur l’habitat du poisson, y inclus la sédimentation chronique et des obstacles à long terme à la montée du poisson. Les effets nocifs associés à la construction de ponceaux peuvent persister aussi longtemps que la structure foctionne, voire des décennies entières. La distribution des espèces de poisson vane àtravers la Région des Maritimes, et vingt (20) espèces valorisées de poisson (EVP) s’y retrouvent. Neuf zones hydrologiques distinctes ont été identifiées à l’intérieur de la région, la présence de EVP ayant été confirmée pour chacune de ces zones. L’habitat recherché varie considérablement dune espèce à l’autre. Les critères de conception du passage de Poisson pour le courant et les besoins particuliers de l’espèce sont présentés pour chacune des neuf zones hydrologiques. Le document fournit également des critères pour l’évaluation de l’habitat des salmonidés, identifie des effets nocifs potentiels sur l’habitat du poisson, et élabore des mesures de protection de l’environnement pour les phases de planification. construction, et opération de larges ponceaux complexes.

Guidelines for the Protection of Fish and Fish Habitat, DFO, 4/1/98 vi

APPENDICES

APPENDIX A Contact List

APPENDIX B DFO Culvert Project Screening Form

APPENDIX C Fish Species Found in the Inland Waters of New Brunswick,

Nova Scotia and Prince Edward Island

APPENDIX D Determination of Hydrological Regions

APPENDIX E Fish and Fish Habitat Assessment

APPENDIX F Design Examples

APPENDIX G Relevant Sections of the Fisheries Act, Navigable Waters

Protection Act, and the Canadian Environmental Assessment Act

Guidelines for the Protection of Fish and Fish Habitat, DFO, 4/1/98 1

1.0 INTRODUCTION

The Department of Fisheries and Oceans (DFO), and other agencies in Atlantic Canada,

have devoted considerable effort over the years to the development and use of guidelines to

protect fish and their supporting habitats from a wide range of activities planned in or near

the water. Fish passage through culverts has been a subject of particular concern because

of the structure’s propensity to impair fish movement. Although government and industry

have been working together to solve this problem from an engineering perspective, current

guidelines must be improved to take biological factors into account to ensure that all

fisheries resources are protected in a consistent and cost-effective manner throughout the

Maritimes Region.

The purpose of this Guideline is to serve as a planning tool to ensure a consistent approach

for the protection of fish and fish habitat at culvert locations throughout Nova Scotia

(NS). New Brunswick (NB), and Prince Edward Island (PEI). This Guideline contains

information on (a) culvert design criteria, (b) fish species of concern, (c) potential effects

of culvert installation and (d) supporting mitigation strategies. This Guideline pertains to

the preservation of freshwater and marine fish species which are managed by both federal

and provincial regulatory agencies. Although this guideline is intended to be applicable

to a wide range of situations, it is important that both federal and provincial agencies

be contacted when a situation arises regarding the protection of fish and fish habitat that

cannot be resolved through the application of this Guideline. A contact list of relevant

government agencies is provided in Appendix A. In some instances and locations, it

may be necessan~ for personnel from these agencies to develop site specific fish habitat

protection measures beyond those presented in this document.

1.2 ApplicabilityThis Guideline pertains to the placement and operation of a large single culvert, or a

series of smaller culverts within the right of way of an overall stream crossing project;

specifically, the guideline would apply to structures with the following characteristics:

• greater than 1.2 metres in diameter and/or

• more than 25 metres in length and/or with

• a slope of greater than 0.5%.

Projects involving culverts with dimensions outside of these specifications are not

addressed by this Guideline.


This Guideline is prepared for use by proponents involved in the design, construction,

placement and monitoring of large culverts. This document is also intended for use by

project reviewers to ensure proponent compliance with this Guideline and to provide a

consistent fish/fish habitat assessment methodology. “End user” is used throughout this

document to reflect both project proponent and reviewer groups.

The determination of the applicability of this Guideline to a proposed culvert project

represents Step I in the use of this Guideline as described in Section 1.3.2

1.3 Objectives and Methodology

The objective of this Guideline is to ensure that the quantity and quality of fish habitat is

preserved and maintained at the level of production that existed prior to culvert placement

activities. This requires that proponents understand legislative requirements which pertain

to culvert placement activities and they have an instructive methodology to follow during

planning stages to ensure compliance with federal legislative requirements.

1.3.1 Legislative Requirements

Throughout New Brunswick, Nova Scotia, and Prince Edward Island, the provincial

Departments of Environment provide the first window of regulatory contact for all types

of activities proposed in or near a watercourse. The Department of Fisheries and Oceans

participates with these provincial agencies in the review of culvert placement proposals to

provide advice on appropriate measures for the protection of fish and fish habitat. For the

majority of culvert proposals, the Department of Fisheries and Oceans role is advisory, and

necessary fish habitat protection measures can be provided as terms and conditions of a

provincial approval.

The regulatory requirements for the approval and construction of culverts vary according

to the province. Although most regulatory agencies have similar objectives, there is

considerable variation in the established environmental protection measures and fish habitat

protection requirements for culvert locations in each provincial jurisdiction. The intent of

this document is to provide a consistent departmental approach to the planning of culvert

projects for the three Maritime provinces. The preparation of this document involved a

review of established approaches of the placement of culverts in each of the three Maritime

provinces as well as considerable consultation with departmental experts from throughout


the Maritimes Region. The Department of Fisheries and Oceans intends to rely on this

document to ensure developers identify and provide the measures necessary for the

protection of fish and fish habitat early in the planning and design phases of their culvert

proposals.

Large culvert placements, that may result in an unavoidable harmful alteration of fish

habitat (even with provision of the best mitigation available) are and will continue to be

viewed as very serious matters by the Department of Fisheries and Oceans. In addition to

provincial requirements, all harmful alterations, disruptions, or destructions of fish habitat

must be authorized directly by the Department of Fisheries and Oceans pursuant section

35(.2) of the Fisheries Act. The authorized alteration of fish habitat is not simply an

administrative formality. Each authorization involves a loss of productive fish habitat and

each may require a formalized compensation agreement to off set the habitat loss.

The issuance of an authorization, to harmfully alter, disrupt or destroy fish habitat,

initiates an additional regulatory requirement; specifically, an environmental assessment

subject to the Canadian Environmental Assessment Act (CEAA 1994). This assessment

is usually conducted at the same time as the review of the habitat authorization and each

determination must be completed prior to commencement of the project.

The Navigable Waters Protection Act (NWPA) although completely independent of the

Fisheries Act, is also administered by the Department of Fisheries and Oceans. If approv

al is required under Section 5(1) or 6(4) of the NWPA, an environmental assessment of the

project will be required. Depending on funding, and/or location, other federal departments

may also require an environmental assessment pursuant to CEAA.

Developers are encouraged to contact the Canadian Coast Guard, Navigable Waters

Protection Regional Office, in Dartmouth (see Appendix A) at an early stage to determine

it the watercourse is identifed as a navigable water.

It is anticipated, subject to appropriate mitigation, that an authorized harmful alteration of

fish habitat will not be required, for the majority of large culvert placement proposals. It is

recognized that activities directly associated with the placement of culverts (e.g.

construction of large permanent stream diversions, blasting instream) may occassionaliv

result in the harmful alteration of fish habitat and require prior authorization as well as the

necessary environmental assessment pursuant to the requirements of the CEAA. The

assessment criteria provided in this document will assist developers in the identification of


potentially adverse impacts on fish and fish habitat associated with their proposal as well as

determination of Fisheries Act, CF.A.A requirements and the NWPA. See Appendix G for a

summary of relevant sections of the Fisheries Act, NWPA, and CEAA.

1.3.2 Guideline MethodologyThis Guideline is structured to guide the end user, in the planning process, through the nine

steps in the planning process (Figure l , l ):

• Step I - Assess the applicability of a proposed project to the Guideline.

• Step 2 - Innate Assessment - Initiate an assessment of the project assessment to

determine if there is a requirement for an authorization to harmfully alter fish

habitat, or other federal triggers for a federal environmental assessment.

• Step 3 - Assess Fish Habitat - Describe the existing biological environment where

the culvert placement is proposed to determine if valued fish species (VFSs) are

present and the quantity and quality of fish habitat which could potentially be

affected by the project;

• Step 4 - Determine Impacts - Determine the potential effects of project construction

and operation on VFSs and fish habitat so potential problems can be identified prior

to culvert placement;

• Step 5 - Reduce Impacts; Identify mitigation to reduce impact of the culvert

footprint and the project right of way, and downstream of the culvert. Apply

culvert design criteria specific to the hydrological region of the proposed project,

and to the biological requirements of VFSs for that region. Determine appropriate

environmental protection measures for the length of watercourse found in the right

of way and immediate road approaches;

• Step 6 - Planning and Determination; of direct involvement of a federal department

in the culvert project. Confirm the requirement of a federal environmental

assessment of the project. i.e. screen the project against the methodology presented

in the document to determine if, after mitigation, the culvert will likely result in a

harmful alteration, disruption, or destruction (HARD) of fish habitat, and probably

require an authorization from Fisheries and Oceans or other federal approval.


Conduct environmental assessment; the scope of the environmental assessment will

be determined in consultation with federal authorities;

• Step 7 - Federal Assessment: If it has been determined that an authorization,

to harmfully alter fish habitat will likely be required, the authorization and

environmental assessment of the proposed culvert should be submitted to the

department of Fisheries and Oceans. The scope of the environemtnal assessment

will be determined in consultation with Fisheries and Oceans;

• Step 8 - Issue Approvals ; All provincial approvals, federal; authorizations and any

other required documents related to the work (such as compensation agreements)

are issued.

• Step 9 - Monitoring ; Follow up monitoring may be required to ensure mitigation

measures are working properly and to confirm predictions of the environmental

assessments.

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1.3.3 Project Screening

A screening is required for each watercourse crossing for which a large potentially complex

culvert installation is proposed. The screening process is completed by using a matrix or

table to summarize information and decisions made while following the nine steps of the

Guideline Methodology. The screening matrix is presented in Appendix B and can be filled

out as the proponent proceeds through each step of the Guideline.

The end result of a project screening will be the determination of residual impacts of a

proposed culvert project on VFSs and fish habitat. The screening matrix is a decision tree

which provides direction on how to proceed with the proposed project.

The screening will provide a description of the proposed project and summarizes

information on:

• the presence of VFS at the proposed crossing location;

• the quality of fish habitat at the proposed crossing location;

• the potential impacts of culvert construction activities and culvert operation on

VF5 and fish habitat at the proposed crossing location; potential impacts are

not restricted to the loss of the footprint, but also must consider the impacts

of necessary stream diversions to link the culvert into the watercourse. Impacts

associated with proposed access or service roads and their associated stream

crossings, within or beyond the limits of the R-O-W, must also be considered.

• culvert design criteria which will be applied to specific VFS found at the proposed

crossing location and the hydrological region;

• environmental protection guidelines which will be applied to mitigate potential

project impacts; and

• residual project impacts which remain after design criteria and all practical

environmental protection guidelines have been considered. Residual impacts

include not only the actual footprint of the culvert, but potential downstream

impacts as well as cumulative impacts.


Residual project impacts are determined by evaluating the potential project impacts (Section

3.0) after culvert design criteria (Section 4.0) and environmental protection measures

(Section 5.0) are applied. Residual impacts are assessed to a number of established criteria.

These criteria take into account the (a) geographical extent of the residual impact,(b)

duration and (c) frequency of the residual impact, as well as the fish and fish habitat

sensitivity to, and ability to recover from, the residual impact. Much of this information

must be obtained from a review of relevant literature, consultation with experts (i.e., DFO

and provincial fisheries biologists) and judgement of the environmental professional.

(a) Geographical extent is the spatial extent of the potential impact which ranges from

localized impacts (< 1 km2) to impacts extending over greater spatial distances. For

example, the residual impacts of a proposed culvert project on VFS and fish habitat

may be < 1 km, if the project is designed appropriately with environmental protection

measures applied and construction takes place outside of critical spawning and migration

periods. If however, a project is poorly designed, environmental protection measures are

not effective and construction is planned during critical spawning and migration periods,

the geographical extent of the potential impact can be > 100 km z.

(b) Duration (i.e., short term and long term) of residual project impacts is also an important

criteria to consider. For a culvert placement project, the duration of impacts relating to

construction activities depends upon the length of the proposed construction window. The

duration of potential impacts relating to culvert operation can persist for the life of the

culvert (truly decades) or until the problem is rectified.

(c) The frequency of the interaction between project activities, VFS, and fish habitat varies

from < 10 events/year to continuous. Potential impacts that occur as discrete events ( i. e.

, culvert construction) are categorized by their expected frequency of occurrence within a

year. Impacts associated with culvert operation have a potential for continuous interaction

with VFS and fish habitat.

The contribution of the proposed project to cumulative effects must also be assessed in

the impact assessment. Cumulative effects can occur when impacts on fish and fish habitat

take place so frequently in time or so densely in space that the effects of individual impacts

cannot be assimilated. They can also occur when the impacts of one activity combine with

those of another in a cumulative or synergistic manner. For example, the impacts of a


culvert placement project may be cumulative if more than one watercourse crossing is

proposed as part of a larger project.

If residual impacts are determined to result in the harmful alteration, disruption or

destruction of fish habitat(ie.,”no net loss” of habitat cannot be achieved), then the project

should be:

• modified and a more detailed environmental assessment undertake; or

• an application for an authorization to harmfully alter fish habitat should

be submitted to the Department of Fisheries and Oceans with fish habitat

compensation measures; or

• abandoned

2.0 DETERMINATION OF VALUED FISH SPECIES AND FISH HABITAT

This section details Step 3 in the Guideline methodology (Figure 1.1) and the information

collected at this stage will be used to determine if VFSs are present at the proposed culvert

crossing and the quality and type of fish habitat which could potentially be affected b•

project activities.

2.1 Identication of Valued Fish Species

It is necessary to determine which fish species are present in the area of a proposed culvert

crossing in order to design the culvert to ensure that potential impacts on these species are

minimized or alleviated. All known fish species found in inland waters of NB. NS and PE(

which may be affected by culvert placement projects are listed in Appendix C. All fish

species were considered in accordance with the Fisheries Act.

To assess the potential impacts of large culvert placement projects on fish and fish

habitat. the assessment must be focused on the most critical issues or components of the

environment at risk from project activities. To focus the assessment of a particular project.

selection of Valued Ecosystem Components (VECs) is recommended in the Responsible

Authority’s Guide (CEAA 1994). VECs refer to those components of the ecological and


social environment which are valued by society. The value is based not only upon

scientific and/or economic judgements, but also considers subjective social values and

public perceptions.

In this Guideline, VECs refer to Valued Fish Species (VFSs) selected from the list of all

species found in NB, NS and PEI in relation to the following criteria (Table 2.1):

• commercial importance;

• recreational importance;

• importance to First Nations and traditional pursuits; and

• rare and endangered species.


Table 2.1: Selection of Valued Fish Species (VFS) in New Brunswick. Nova Scotia and Prince Edward Island

FISH SELECTION CRITERIA FOR VFS APPLICABLE COMMENTS

SPECIES TO GUIDELINE

Commercial Recreational First Rare/ (Angled)1 Nations Endangered2

Alewife (see Gaspereau)

Atlantic (Acadian) whitefish X X Yes NSCoregonus huntsmani) Endangered species. Restricted range.

American eel (Anguilla rostrata) X X Yes NB, NS, PEI See comment Guideline applies on site specific basis only. Dependent upon fish habitat assessment.

American shad (Alosa sapidissima) X X Yes B, NS

Atlantic menhaden (Brevoortia tyrannus) No Not Valued

Atlantic salmon (Salmo salar) (Including X X Yes B, NS, PEIland-locked populations)

Atlantic sturgeon X No NB. NS(Acipenser oxyrhynchus) Estuarine species

Atlantic tomcod (Microgadus tomcod) X X Yes NB. NS, PEI Although estuarine species. may ascend freshwater rivers

Arctie char (Salvelrinus alpinus) X X X No B Not highly valued Design criteria for other VFS wall address

Banded killifish (Fundulus diaphanus) No Not Valued

Blacknose dace (Rhinichthys atratulus) No Not Valued

Blacknose shiner (Notropis heterolepis) No Not Valued

Blackspotted stickleback No Not Valued(Gasterousteus wheatlandi)

Blueback herring (Alosa aestivalis) No Not Valued

Brook stickleback (Culea inconstans) No Not Valued

Brook trout (Salvelinus fontinalis) X X X Yes NB, NS, PEI(including landlocked populations)

Brown bullhead (Ictalurus nebulosus) X No NB, NS Not highly valued





Brown trout (Salmo trurra) X Yes NB, NS

Burbot (Lota lota) X Yes NB See comment. Guideline applies on site specific basis only. Dependent upon fish habitat assessment.

Chain pickerel (Esox niger) X Yes NB, NS

Common shiner (,Notropis cornurtus) No Not Valued

Creek chub (Semtilus atromaculatus) No Not Valued

Fallfish (Semotilus corporolis) No Not Valued

Finescale dace (Chrosomus neogaeus) No Not Valued

Fourspine stickleback (Apeltes quadracus) No Not Valued

Gaspereau (Alosa pseudoharengus) X Yes NB, NS, PEI

Golden shiner (Notemigonus crysoleucas) No Not Valued

Goldfish (Carassius aurarus) No Not Valued

Lake chub (Couesis plumbeus) X No B, NS Not highly valued. Design criteria for other VFS will address

Lake trout (Salvelrinus namaycush) X X X No B, NS Not highly valued. Design criteria for other VFS will address

Lake whitefish (Coregonus clupeaformis) X X No NB, NS Not highly valued. Design criteria for other VFS will address

Longnose sucker (Catostomus catostomus) No Not Valued

Mottled sculpin (Cottus bairdi) No Not Valued





Mummichog (Fundulus heteroclitus) No Not Valued

Muskellunge (Esox masquinongy) X Yes B Range extending. Potential recreational fishery in the future.

Ninespine stickleback (Pungtius pungtirus) No Not Valued

Northern redbelly dace (Chrosomus eos) No Not Valued

Pearl dace (Semotilus margarita) No Not Valued

Pumpkinseed sunfish (Lepomis gibbosus) X No NB Not highly valued. Design criteria for other VFS will address

Rainbow smelt (Osmerus mordax) X X Yes NB, NS, PEI Also important forage species

Rainbow trout (Oncorhynchus mykis) X X Yes NB. NS. PEI

Redbreast sunfish (Lepomrs ourrrus) X X No B Not highly valued. Design criteria for other VFS will address

Redfin shiner (Notropis umbratilis) No Not Valued

Round whitefish X No B(Prosopium cylindraceum) Not highly valued. Design criteria for other VFS will address

Sea lamprey (Petromyzon marinus) No Not Valued

Shortnose sturgeon X Yes B(Acipenser brevirostrum) Vulnerable species. Restricted range

Slimy sculpin (Cotttus cognatus) No Not Valued

Smallmouth bass (Micropterus dolomieui) X Yes B. NS

Striped bass (Morone saxatilis) X X Yes NB. NS

Threespine stickleback No Not Valued(Gasterosteus aculeatus)





White perch (Morone americana) X Yes NB , NS, PEI

White sucker (Carostomus commersoni) X Yes NB Also important forage species

IYellow perch (Perca flavescens) X X Yes NB, NS

1 Fish species having recreational value include those which are angled and support sport fisheries, and excludes bait fish 2 As stated in COSEWIC (1995).


Fish species are considered VFSs if they are commercially or recreationally fished. The

commercial and recreational fisheries contribute greatly to the regional economy. Fish

species are also considered valued if they are used by Aboriginal peoples for subsistence

fishing or ceremonial use. Aboriginal peoples have the right to fish. This is protected by the

Canadian Constitution (Loftus et al. 1993). Fish species which are defined as endangered,

threatened or vulnerable by COSEWIC (1995) in NS, NB, and/or PEI are also considered

highly valued.

If species do not presently meet one of the selection criteria, they are not considered

valued under this Guideline. However, it should be recognized, that the status or value of

specific species may change with time. The Department of Fisheries and Oceans and/or

provincial fisheries agencies should be contacted to confirm each VFS found in a particular

hydrological region.

If a fish species was considered valued, its applicability to this Guideline was then assessed

under four possible scenarios. This was done to focus the Guideline to VFSs which were

of concern specifically with respect to culvert projects.

1) Highly Valued and Widely Distributed

The Guideline applies to these VFS because they are highly valued in NB, NS and/or PEI

and are distributed in streams and rivers where culvert placement and operation may result

in potential impacts. VFSs which are highly valued and widely distributed are:

• Atlantic whitefish;

• American shad;

• Atlantic salmon;

• Atlantic tomcod;

• blueback herring;

• brook trout;

• brown trout;

• chain pickerel;

• gaspereau;

• muskellunge;

• rainbow smelt;

• rainbow trout;


• shortnose sturgeon;

• smallmouth bass;

• striped bass;

• white perch;

• white sucker; and

• yellow perch.

2) Locally Valued

The Guideline applies to each VFS but only if these species are identified as potentially

effected on a site and project specific basis as determined in consultation with regional

DFO officials and/or provincial fisheries agencies. Each VFS, identified as Locally Valued,

include the American eel and burbot (Table 2.1).

American eel are widely distributed throughout NB. NS and PEI and are a species valued

by First Nations peoples, as well as commercial and recreational harvesters. Eels swim at

lower velocities than other fish species and require specific culvert design criteria to ensure

passage at critical migration times periods ( Section 4.0). However, it is not necessary

to apply these design criteria to every culvert location unless, a designed eel passage

allowance is required by the Department of Fisheries and Oceans.

As with the American eel, burbot swim at lower velocities then other fish species and thus

require specific culvert design criteria to ensure passage at critical spawning and migration

times periods (Section 4.0). Although burbot distributions are limited to southern NB, it is

not necessary to apply species specific culvert design criteria unless it is determined to be

necessary by the Department of Fisheries and Oceans.

3) Not Highly Valued

The Guideline does not apply to these VFSs because they are not highly valued species in

NB, NS and PEI. It is also recognized that design criteria for more highly valued species

will address passage requirements for these species. Species included under this scenario

include arctic char, brown bullhead, lake chub, lake trout, lake whitefish, pumpkinseed

sunfish, redbreast sunfish and round whitefish (Table 2.1).


4) Not Applicable

The Guideline does not apply to these VFS because they are distributed in areas where

culvert crossings would be the least preferred watercourse crossing option (i.e., estuaries).

Atlantic sturgeon is a species included in this category (Table 2.1).

2.1.1 Presence of VFSs by Hydrological Region

Table 2.1 identifies those fish species which have been selected as VFSs broadly within

NB, NS and PEI.

To assist the end user in application of this Guideline, the distribution of VFSs

by hydrological region was determined. A hydrological investigation was conducted

(Appendix D) to identify nine hydrological regions (Figure 2.1) in NB, NS and PEI. For

each region the presence of VFSs has been identified (Table 2.2).

Table 2.2 should be used by project proponents to identify the VFSs which utilize the

region in which the proposal is located. Once VFSs are identified, taking into consideration

the hydrological region, potential impacts on the VFSs (e.g. effects on swimming speeds,

critical spawning, migration) can be assessed, and the design criteria applied to minimize

these.

2.2 Site Assessment; Fish and Fish Habitat

A qualitative fish and fish habitat field site assessment may be required by the Department

of Fisheries and Oceans or provincial agencies on a stream where a lame culvert is

proposed. If required, a cursory field assessment, limited to the right-of-wav of the roadway

adjacent the stream crossing, will provide sufficient information for may situations. In

complex culvert locations, more comprehensive assessments are required. extending 500

metres upstream and 500 metres downstream of the proposed installation to properly

assess potential impacts. These assessments are necessary to:

• confirm if each VFS is present and the types and size classes of these species;

• determine the quality and quantity of fish habitat at project site and its

corresponding classification(i.e., poor, fair, good and excellent);

• determine if fish passage design criteria are required;

• provide a planning guide for the selection-orientation of the proposed culvert;


• provide a planning guide to minimize the impact of stream diversions

Fish and fish habitat assessments should be conducted during low summer flows (usually

between June 1 and September 15).

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Table 2.2: Valued Fish Species (VFS) by Hydrological Region

VFS HYDROLOGICAL REGION3

1 2 3 4 5 6 7 8 9

Atlantic whitefish (Coregonus hunumanr) X X

American eel (Anguilla rostrata) 1 0 0 0 0 0 0 0 0 0

American shad (Alosa sapidissima) X X X X X X

Atlantic salmon (Salmo solar) X X X X X X X X X

Atlantic tomcod (Microgadus tomcod) X X X X X X X

Blueback herring (Alosa aestivalis) X X X X X X X X X

Brook trout (Salvelinus fontinalis) X X X X X X X X X

Brown trout (Salmo trutta) X X X X X X X

Burbot (Lola Iota) 2 0 0

Chain pickerel (Esox niger) X X X X X

Gaspereau (Alosa pseudoharengus) X X X X X X X X X

Muskellunge (Esox masquinongy) X X

Rainbow smelt (Osmerus mordax) X X X X X X X X X

Rainbow trout (Oncorhynchus mykiss) X X X X X

Shortnose sturgeon (Acipenser brevirostrum) X

Smallmouth bass (Micropterus dolomieut) X X X X X

Striped bass (Morone saxatilis) X X X X X X X

White perch (,lforone americana) X X X X X

White sucker (Catostomus commersont) X X X X X X X X

Yellow perch (PercaJlavescens) X X X X X X X

I American eel are distributed throughout all regions. However, design criteria outlined in this guideline apply on a site and protect specific basis when American eel arc considered potentially affected by large culverts based on the results of a fish site assessment (Section 2.2.2) or as requested by regulatory agencies.2 Burbot are distributed in the Upper and Lower Saint John River (regions I and 4). Design criteria outlined in this guideline apply on a site specific basis when btwbot are considered potentially affected by large culverts based on the results of a fish site assessment (Section 2.2.2) or as required by regulatory agencies.3 See Figure 2.1.


2.2.1 Site Assessment - Fish Habitat

A fish habitat site assessment is based on mapping the physical features of a stream or

river as per the DFO fish habitat field manual (e g, length of surveyed section, width,

depth, flow, substrate), and using this information to classify fish habitats found in a

particular reach (e.g., good salmonid spawning habitat). There are many different accepted

methodologies to assess fish habitats. The approach presented in this document has been

accepted by the Department of Fisheries and Oceans for the assessment of salmonid

habitats. The accepted form (Table E 1. Appendix E) and the methodology (Fish Habitat

Assessment Methodology) for completing the stream survey is described in Appendix E.

A relevant example is included im appendix E. Some of the information on the form is

not required for a habitat assessment under this Guideline. The information which is not

required is indicated as “not applicable” in the Fish Habitat Assessment Methodology. The

fish habitat assessment should be conducted by an experienced individual.

Mapping of fish habitat at the proposed project site is also an important component of a

fish habitat assessment and is described with a relevant example in .Appendix E.

Data obtained from the fish habitat assessment are used to classify the quality and type

of fish habitat at the proposed project site. The results of stream mapping will be used in

planning the culvert and associated stream diversions required to link the crossing with the

watercourse. This table and classification methodology can be used to summarize habitat

quality for salmonids.

Other common anadromous and freshwater species such as alewife, smelt, or smallmouth

bass have habitat requirements much different from salmonids and where necessary the

Department of Fisheries and Oceans and/or provincial fisheries biologists will provide

alternate habitat assessment criteria.

If fish habitat at the proposed project location is classified as fair, good, or excellent,

culvert design criteria should be applied to the crossing to ensure fish passage is not

affected and mitigate as much as possible the amount of fish habitat impacted. In addition,

a fish population site assessment may be required as described in Section 2.2.2.


2.2.2 Site Assessment - Fish Population

A qualitative fish population assessment may also be required by the Department of

Fisheries and Oceans or provincial agencies for a proposed culvert location if:

• these areas have fair, good or excellent fish habitat as determined in Section 2.2.1;

and/or

• the productive capacity of the existing fish habitat has been adversely impacted

by natural or manmade features (e.g., an impassable falls or some other type of

obstruction to fish passage is located downstream on a watercourse where Atlantic

salmon juveniles would likely be present).

A qualitative fish population assessment for culvert locations should include an

electrofishing survey, or some other form of non-lethal sampling. The results will provide

an indication of species, relative abundance, and age structure of fish frequenting the waters

where the culvert is proposed. This assessment should be supplemented by contacting the

nearest Fisheries and Oceans office and/or provincial fisheries agencies to obtain local

knowledge of the fisheries resource of the stream. It should be noted that an electrofishing

survey and species identification should be conducted by a qualified individual under a

license issued by DFO.

The results of the fish site assessment will confirm which fish species are present at the

proposed project site and will also determine the presence or absence of burbot and, or

American eel so culvert design criteria can be applied to allow passage for these species I

f required by DFO.

3.0 POTENTIAL IMPACTS OF PROPOSED PROJECTS ON FISH AND FISH HABITAT

This section describes potential impacts (Figure 1.1 - Step 4) that may occur as a result

of project activities. Potential impacts and their effects on VFSs and fish habitat will be

used to develop fish passage design criteria and environmental protection measures for the

planning stages.

The main focus of an environmental assessment is to predict changes to the environment

which may result from project activities. Predictions must consider all aspects and

phases of the project over the short and long term. Understanding the potential impacts


associated with each project activity is essential in order to avoid or minimize impact.

This can be done by redesigning the project and/or applying mitigation strategies.

In this Guideline, culvert placement is divided into two phases; construction phase and operation phase.

3.1 Construction Phase

The construction phase consists of eight possible activities, each having the potential to cause adverse environmental effects.

3.1.1 Blasting and Explosives

The use of explosives in or near the water may result in a number of significant impacts on any VFS and fish habitat. All blasting proposals, in or near fish bearing waters, must be submitted to DFO for review to determine if, an authorization pursuant section 35(2) of the Fisheries Act, and a screening under the CEAA (1994), are required. Blastings proposals must comply with DFO’s Guidelines for the Use of Explosives in Canadian Waters. A condition of the review approval may be a requirement to remove and/or exclude fish prior to and during a detonation.

3.1.2 Land Clearing of the Riparian Zone

This activity could decrease soil stability and increase surface runoff resulting in erosion and increased suspended solids in the watercourse. Direct injury (abrasion of gill structures) or mortality of fish may occur, resulting in reduced populations. Water clarity may diminish, reducing benthic production and the foraging efficiency of fish. Fish habitat degeneration may also occur (smothering of spawning beds, rearing habitat, and benthic fauna) decreasing not only the food supply, but the area available for fish to live and reproduce.

Mean water temperatures would likely increase in the cleared area and downstream. This would lower dissolved oxygen levels leading to avoidance of the area, decreased health and/or mortality of fish and invertebrates.

Cutting of trees along banks would result in decreased food (insects) and cover (shade). This could ultimately result in reduced fish health and lower fish population densities.

The use of heavy equipment with excessive vibration and noise could cause fish to avoid feeding, rearing or spawning areas thus reducing fish health and reproductive success. The potential for fuel and oil spills increases the possibility of similar avoidance. Spills could also cause direct mortality and habitat damage resulting in reduced population densities.


3.1.3 Temporary Site Access and Work Platform

This activity involves the construction of temporary roads, bridges, and culverts, to allow heavy machinery access to the actual culvert placement site. Since it requires cut and fill operations, most of the potential impacts are from runoff erosion carrying suspended solids into the stream causing impacts as discussed in 3.1.1. The potential for adverse effects are considerably higher in this case, given that the work is carried out quite near the watercourse and with loose fill.

3.1.4 Acid Generating Rock

There are some areas where acid generating rock can become exposed during construction. This can have a serious impact by dramatically lowering the pH of the watercourse. It therefore has the potential to kill all fish and invertebrate life for a long distance downstream of the culvert. Where it is suspected that sulphide mineralized rock may be exposed during construction, testing for acid production is required.

The use of heavy machinery results in the same potential impacts as discussed in 3.1.2.

3.1.5 Water Control

This activity is concerned with the isolation of the work area from the stream flow. Potential impacts are on water hydraulics, specifically, changes in water depth and velocity as well as stream widths and wetted area. Reductions in these parameters could result in fish habitat loss, migration problems, increased predation, stress (due to increase temperature or lack of dissolved oxygen), and mortality (fish may become stranded).

There is also a potential for impacts from other activities such as erosion of temporary diversion channels. The effects resulting from the increased suspended solids these activities would cause are the same as those discussed in 3.1.1.

Heavy machinery and pumps are often used in this activity. The same potential impacts apply as discussed in 3.1.1. ,

3.1.6 Culvert Installations

This activity involves preparing the actual installation site to final grade, assembly of the culvert components, and the diversion of flow through the culvert after assembly.

Preparing the site could involve blasting. This may cause intense noise and vibration and result in direct mortality and destruction of fish and invertebrate habitat. Reduced population densities could occur and there may be avoidance of feeding, rearing. and spawning habitat.


Large quantities and stock piles of earth tend to be associated with this activity. Potential impacts from erosion are the same for those described in 3.1.2.

Exposure of acid generating rock would have serious impacts as described in 3.1.4.

3.1.7 Construction of Permanent Stream Features

This activity includes construction (or completion) of fish passage structures, pools, and other fish habitat restoration features. Work may be needed to properly tie in the culvert entrance and exit with the watercourse. The final step would be to divert water into the culvert from the existing channel or temporary diversion channel.

There will be some cut and fill in or near the new stream channel and all of the erosion and sedimentation could result in the same impacts discussed in 3.1.1.

Changes in hydraulics during this activity pose similar impacts to those discussed in 3.1.3.

3.1.8 Backfill Around and Over Structure

This activity involves the placement of fill to bring the structure up to road level and the construction of ditches. There is potential for large amounts of sediment to enter the watercourse through runoff erosion. The impact of this is discussed in 3.1.2.

3.2 Culvert Operational Phase

Potential impacts identified in the culvert operation phase are associated with the effects of land clearing of the riparian zone and culvert placement over the longer term. These include chronic soil erosion, increased water temperature, destruction of fish habitat and changes in watercourse hydraulics which could impede fish passage.

Improper culvert installations can cause high water velocities which impede or block fish passage (Belford 1986). Higher velocities, compared to natural waters, can develop in culverts because culverts have lower roughness coefficients or steeper slopes. High velocities above and below a culvert caused by culvert hydraulics and elevated culvert outlets can also block passage. Oversized culverts or culverts with steep gradients can produce shallow water conditions which can block fish passage. Potential soil erosion and sediment control are also a major factor associated with culvert placement and operation, particularly for proposed stream crossings located downslope of cut and fill areas. These areas can remain as long term problematic erosion sites if not properly designed in the initial planning stages.


Understanding the potential impacts associated with culvert operation activities (causeand-

effect “linkage”) is important so that culvert design criteria (Section 4.0) and mitigation

strategies (Section 5.0) can be incorporated into the planning and design stages of a

proposed project. In this way, potential adverse effects of the project can be avoided or

minimized.

3.3 Cumulative Effects

Cumulative effects are changes to the environment that are caused by an action in

combination with other past, present and future human action. They must be considered

when looking at potential impacts because the impacts resulting from two or more

activities combined may be quite different than those of the individual activities. However,

cumulative effects are very project and location specific and need to be looked at on that

basis. One example of a cumulam a effect for a culvert installation is the potential effects

of erosion and sedimentation from the construction phase of the project, combined with the

increased access to the previously remote site, by fishers using the new road. In this case,

increased suspended solid levels and fishing pressure would work together to adversely

effect the local fish population.


4.0 FISH PASSAGE DESIGN CRITERIA FOR CULVERTS

This section describes Step 4 in the Guideline methodology (Figure I .1).

The design guidelines presented in this chapter apply to large culverts of more than 1.2

metres in diameter and/or more than 25 metres in length, and/or with a slope above 0.5%.

All work performed on the installation of culverts designed for fish passage criteria should

meet appropriate and existing regulations at the provincial and federal levels.

In order to facilitate the interpretation of the information contained in this chapter, a

“design example” along with a sample set of construction drawings “Dempsey Brook

No. I”, prepared by the New Brunswick Department of Transportation are attached as

Appendix F.

It is essential to consider fish passage requirements through all aspects involved in the

placement and operation of culverts. Migrating fish must negotiate the culvert outlet. the

culvert barrel and the culvert inlet without undue or harmful delay. Hydraulic conditions,

such as water velocities and depths, at each one of these locations must be suitable t~or

passage during peak periods of fish migration.

The interference with fish passage by culverts is most effectively minimized h•

incorporating features in the design of a culvert, rather than retrofitting existing culverts

with mitigative measures. The information presented in this section contains a design

rationale and design guidelines that, when interpreted and followed, should minimize the

interference of culverts with fish passage.

4.1 Rationale of Design Guidelines for Fish Passage

There are three general areas where fish passage problems can occur as a result of culvert

installations and associated brook reconstruction, these are:

• at both ends of the reconstructed brook section;

• at the culvert inlet and outlet; and

• in the culvert itself.


The conditions that have the potential to interfere with fish passage consist of:

high water velocities;

• insufficient water depths; and

• inadequate energy dissipation pools resulting in scour at the culvert outlet.

The guidelines presented in this chapter are intended to provide the designers of culverts

with a standardized set of fish passage criteria, as well as suggestions that may assist

them in applying these criteria. This document does not contain prescribed methods to

calculate the design discharges, water depths, and velocities. In order to allow the designer

the maximum degree of freedom, it is left to the designer to select appropriate techniques

and methodologies as part of the development of their design.

4.2 Fish Species and Migration Timing

Ideally, culverts should not impede the free movements of resident fish at any time

throughout the year. However, seasonal flow regimes, hydraulic limitations, or other

factors may preclude free passage at all times and as a compromise design criteria attempt

to optimize the fish passage during critical spawning and migration periods. These critical

time periods depend on the VFS and the geographic location, and are presented in Table

4.1 for each VFS identified in each hydrological region (Figure 2.1, Table ?.?).

To ensure fish passage is not impeded throughout the year, the high velocities associated

with high flows as well as, the shallow flow depths associated with low flows, must

be accommodated into the overall culvert design. The high flow design guidelines are

based on the month within the migration period with the highest flows, while the low

flow guidelines are based on the month of the year with the lowest flows (not necessarily

within a migration period). The low flow month design parameters, outside of critical

migration periods, will provide for in-stream movement of resident species throughout

the entire year.


4.3 Flow Determination

The flows that are used in the design guidelines consist of:

• A high flow during the critical migration period - used to size the baffles to ensure

velocities do not exceed the maximum swimming velocities of the target VFSs;

• A low flow - used to determine the flow depth in non-baffled culverts during

periods of drought; and

• A peak flood flow with an appropriate return period - used to determine the size of

the culvert, and erosion protection at the culvert outlet.

4.3.1 High and Low Flows

During periods of high flows, the culvert should provide fish passage eighty-five (85%)

percent of the time. The high flow used is determined by performing a flow duration

analysis on the historic record of the nearest gauging station of comparable size. and

prorating the results by drainage area. The above flow duration analysis is to use the daily

flow data for the fish migration periods as identified in Table 4.1.

In certain Maritime rivers the spawning migration of fish species (i.e. rainbow smelts can

begin as early as mid-April but generally, the majority of fish migrations do not commence

until early May. Fish passage requirements based on April high flows require very large

diameter culverts and as a compromise high flow design criteria hay e traditionally been

based on May flows. For some locations, where a site assessment has confirmed the need

to accommodate significant early migrations of fish, the high tlow requirements must

consider April flows.

For non-baffled culverts, minimum flow depth and maximum flow velocity should hr

satisfied during periods of low flow. During periods of low flow, the non-baffled culv errs

should provide fish passage fifty (50%) percent of the time. The low flow used

determined by performing a flow duration analysis on the historic record of the nearest

gauging station of comparable size, and prorating the results by drainage area.


For baffled culverts, no low design flow is used to ensure fish passage. Minimum flows

are concentrated in the baffle notches and the depth of water varies with whatever flow

is available on a daily basis. Table 4.2 provides information on notch sizes for a range of

drainage area.

4.3.2 Peak Flood Flows

The peak flow that the culvert will have to be able to pass is a function of a multitude of

variables, such as:

• the intended use and design standard of the road under which the culvert is to

be constructed;

• sensitivity and quality of nearby stream habitat;

• size and slope of the upstream drainage area;

• soil type;

• extent and type of land development;

• climatic conditions;

• presence of lakes, swamps and reservoirs; and

• nearby by Iraulic controls.

Due to this large number of variables and their potential interactions, it is not feasible

to produce a non-site specific methodology for the estimation of the peak design

flow. The only fail-safe method for estimation of peak flows, remains a site-specific

hydrotechnical analysis by a qualified engineer. After the peak discharge has been

estimated, standard culvert design practises can be employed to determine the size of the

culvert. The Watercourse Alterations Technical Guidelines, New Brunswick Department

of the Environment and the Nova Scotia Watercourse Alteration Specification (1993) for

Culverts both recommend a flow capacity based on a peak flow with a 100 year return

period.


In sizing the culvert, it should be kept in mind that the use of baffles will reduce the cross-

sectional area of a culvert by up to 25 percent, and increase the “roughness” of the culvert

(commonly expressed as the Manning “n”, Darcy-Weisbach ‘f’ or the HazenWilliams “C”).

If baffles are required, a minimum culvert size of 1.2 metres diameter is recommended for

inspection and maintenance purposes.

4.4 Maximum Water Velocities

Design guidelines for culvert water velocities must reflect the swimming capabilities

of the target VFS and should be based on the weakest swimming fish expected to be

present. Fish swimming performance has been classified into burst speed (highest speed

attainable and maintained for less than 15 seconds), prolonged speed (a moderate speed

that can be maintained for up to 1800 seconds), and sustained speed (a speed that can

be maintained indefinitely) (Katopodis and Gervais1991). In natural waterways, fish

mainly use sustained and prolonged speeds when migrating upstream and occasionally use

burst speeds to overcome high velocity areas such as rapids. Sustained speeds are often

exceeded by water velocities in plain (non-baffled) culverts and fish cannot maintain burst

speeds long enough to navigate the entire length. Sustained speeds are used for continuous

passage through culverts when no resting areas are available. Fish use a burst and rest

pattern to take advantage of low water velocities that are created by the placement of

baffles in culverts.

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ply

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The design guidelines use sustained speeds to calculate maximum acceptable design

velocities in non-baffled culverts and between baffles in baffled culverts. Burst speeds are

used to calculate maximum acceptable design velocities at the baffle notches and at both

ends of the culvert.

Swimming performance of fish species has been classified into two different modes

by Katopodis (1993), the subcarangiform and the anguilliform swimming modes. The

swimming modes of each VFS, which have been grouped into families, are presented

in Table 4.1. For each VFS with the subcarangiform mode, Figure 4.1 can be used to

determine maximum acceptable water velocities associated with burst, prolonged and

sustained swimming speeds for fish of different lengths, and different culvert lengths.

Figure 4.2 can be used to determine the maximum acceptable water velocities for VFS with

the anguilliform swimming mode. Swimming speeds for the smallest fish lengths (0.20

m) should be used to determine maximum acceptable water velocities, unless the fish site

assessment (Section 2.2.2) determines that only larger size classes are present in the area

of the proposed crossing.

The majority of VFS in New Brunswick, Nova Scotia and Prince Edward Island swim

using the subcarangiform mode (Figure 4.1). These species swim at higher velocities

than VFS which swim using the anguilliform mode (American eel and burbot) (Figure

4.2). If American eel and burbot are found in the area of the proposed crossing (fish

sae assessment, (Section 2.2.2)) and fish passage for these species is of concern to the

Department of Fisheries and Oceans, then swimming speeds for these species should be

used to determine maximum acceptable water velocities.



4.5 Minimum Flow Depth

In non-baffled culverts, the minimum flow depth that should be maintained to assure fish

passibility is 150 mm (Conrad and Jansen 1994). This minimum flow depth should be

maintained while satisfying the invert elevation and energy dissipation pool requirements

presented in Sections 4.7 and 4.8.

In baffled culverts, there are no minimum flow depth requirements. The use of the baffle

and notch sizes, invert elevations and energy dissipation pool requirements (as presented

in Sections 4.6 through 4.8), ensure that the fish passibility requirements associated with

minimum flow depth are met.

4.6 Bafe Requirements

Baffles are required when the sustained swimming speeds of VFS as presented in Figures

4.1 and 4.2 are exceeded by the water velocity in non-baffle culverts (velocity using the

high slow descried in Section 4.3.1). Baffles are also required if the minimum flow depth

of 150 mm (as described in Section 4.5) cannot be met by non-baffled culverts.

conceptual baffle layout is presented in figure 5. Typical design details showing notch

depth, notch width, and baffle height are presented in the NBDOT -Dempsey Brook \u 1”

drawings which are attached as Appendix F.


The determination of the need for baffles, the subsequent baffle and notch size, and baffle

spacing selection is an iterative process, as all of the above variables are inter-dependent.

The selection of a “standard” baffle and notch size, followed by the verification that these

assumed sizes meet the fish passage design criteria (pool volumes and notch velocities),

will result in an acceptable design after a few iterations.

4.6.1 Baffle and Notch Sizes

The baffles and the notches should be sized to attain the following objectives using the

high flow described in Section 4.3.1:

• the volume of water between successive baffles (pool volume) should be large

enough to dissipate the energy produced by the water falling over the baffle; and

• water velocities at the baffles, baffle notches and both ends of the culvert should

not exceed the burst swimming speed, while the water velocity between baffles

should not exceed the sustained swimming speed for the weakest swimming fish

expected to be present.

The “rules of thumb” presented in Table 4.2, have been shown to generally satisfy the

above two objectives.

It should be noted that the information presented in Table 4.2 is an estimate based on field

observations only. The baffle and notch sizes should be confirmed using the methodologies

presented below.

Table 4.2: Baffle and Notch Sizes

Drainage Area Baffle Height Notch Width Notch Depth (km2) (mm) (mm) (mm)

less than 2.5 350 200 150

2.5 to 4.0 500 200 200

4.0 to 6.5 500 300 200

larger than 6.5 500 500 200


In most cases drops between pools are 200 mm. At locations where American smelt or

other weaker swimmers are present, drops of a maximum 150 mm between pools should

be used. Also, if the drainage area is less than 2.5 km 2 and the culverts are less than 1.5

metres in diameter, drops of a maximum 150 mm between pools should be used.

Pool Volumes

A pool volume of approximately 5.32 m3 is required to dissipate 1 kW of energy. This

“rule of thumb” can be converted to the following equation.

Required minimum pool volume= 52.1 x Q x h,

where,

pool volume is in (m3), Q is the high flow calculated by the method described in Section

4.3.1 (m3/s), and h is the head drop between baffles (pools) (m).

The pool volume is calculated by multiplying the cross-sectional flow area at the centre of

the pool between baffles under the design high flow, by the spacing between baffles.


Notch Velocity

The notch velocity can be calculated using the standard formula for flow over a rectangular

weir with end contractions and the continuity equation:

Q=1.84 x L xh1.5 and,

V=l.5 x Q/(h x L)

V=Q/Anotch

where,

Q is the discharge through the notch (m3/s), L is the width of the notch (m), h is the

difference in elevation between the water surface of the slow moving upstream water and

the bottom of the notch (m), and V is the velocity through the notch (m/s).

4.6.2 Baffle Spacing

The spacing of baffles depends on the prescribed drops between water surfaces in pools

and the established slope of the culvert. Baffle spacing is also a function of notch depth,

depth of water in the notch during the design migration, culvert fabrication methods and

the fish species behavioural requirements and swimming ability. A typical example of

baffle spacing in a culvert is presented in figure 4.4.

number of baffles = (H / delta h) + 1

where, ,

- number of baffles is rounded off to the nearest whole number,

- H is the total drop in the culvert barrel (m) as established by the culvert

elevations described in section 4.7, and

- delta h is the drop between baffles (m), 0. 150m or 0.200m, from section 4.6.


4.6.3 Notch Construction Details

The following notch construction details result in the reduction of vortices, which will in-

turn provide easier access to ascending and descending fish.

(1) The upstream corner of notches in prefabricated baffles should be rounded on a radius

of approximately 75 mm. On field formed baffles, it is acceptable to replace the 75 mm

circular corners with 37 mm chamfers.

(2) The bottom of the notch should be flat for the upstream 75 mm, and sloped at horizontal

to 1 vertical for the remainder of the notch bottom. A typical example of notch construction

details is presented in figure 4.3.

4.7 Invert Elevations

The invert elevations of baffled and non-baffled culverts differ, design guidelines for both

scenarios are presented in the following paragraphs. Accurate survey information along

the thalwag is essential to the proper installation of the culvert inverts at both ends of the

culvert.

For non-baffled culverts, the upstream culvert invert should be set so that the minimum

flow depth of 150 mm is ensured throughout the culvert. The downstream culvert invert

should be set 500 mm below the stream bed.

For baffled culverts, the invert of the pipe should be at the same elevation as the

streambed. The downstream culvert invert should be set so that the top of the most


downstream baffle is equal to the outlet control elevation. The outlet control elevation is

the channel bed elevation at the nearest riffle downstream of the energy dissipation pool.

4.8 Energy Dissipation Pool Volumes

The use of energy dissipation pools at the outlets of culverts serves two purposes; (1) to

dissipate the extra energy of the water resulting from the culvert placement and prevent

brook destabilisation and a perched culvert outlet, and (2) to provide a resting area for

migrating fish. Energy dissipation pools should be constructed at the outlet of both plain

and baffled culverts.

The energy dissipation pool should be sized to ensure stability of the pool during peak

flood flows. All dimensions presented below refer to the conditions during low flows. The

following should be satisfied:

• place boulders or other types of cover throughout the pool; the size and number of

pieces of cover should fit the site;

• the pool width should be 2.0 times the culvert diameter at it’s widest point yhere

multiple culvert barrels are used a site specific design must be developed);

• the pool length should be at least 3 times the culvert diameter;

• the centre line of the pool and the culvert barrel should align for single culverts

only;

• the pool should be at least 1000 mm deep;

• the pool should be lined with a layer of rip-rap sized so that it is capable of

withstanding the peak design flow; and

• the rip-rap in the transition zone from the energy dissipation pool to the stream

should have the voids filled with finer rock to prevent problems with fish passage

during low flows.


As stated in Section 4.3.2, the peak flow can only be determined through the performance

of a site specific hydrotechnical analysis. As the rip-rap sizing is a function of the peak

flow, no “standard” rip-rap sizing recommendations can be made.

4.9 Channel Design Of Approach Sections

In order to avoid problems with fish passage at the channel approaches to and from the

culverts, it is recommended that the “natural” channel (i.e. bank full width, depth, slope,

meander, etc) be used in the design of the reconstructed channel sections for the ends of

the culvert. See figure 4.5 for a conceptual layout.

• ensure a low flow channel is incorporated into overall channel design

• implement habitat restoration structures i.e. rock sills, digger logs, or wing

deflectors in the channel to mimic the natural pool: riffle sequence

• provide a suitable substrate this should be impermeable; 4” and smaller rock that

will reduce unnecessary loss of stream flow.

• provide (transplant) riparian vegetation, shrubs, trees, along the edge of the hi,.ih

water line to help in stabilization and generally restore the area as a habitat for

fish

• minimize the length of stream lost; the new section of stream should have the

same types of substrates, stream characteristics, as well as streamside vegetation

• Conceptual designs of stream diversions to link the culvert into the watercourse

must be based on established conditions found in the watercourse (i.e. stream

diversions should mirror stream gradient, substrate, meander sequence, depth,

riparian vegetation, etc). For all large permanent stream diversions, detailed plans

must be submitted to the Department of Fisheries and Oceans for review to

determine if, an authorization under Section 35(2) of the Fisheries Act, and a

screening under CEAA as required.


4.10 Integration into Environmental Protection Procedures

It should be stressed that the design guidelines and suggestions presented in the previous

sections are not intended to be comprehensive with regard to environmental protection

procedures. The Environmental Protection Procedures presented in Section 5.0 of this

document should be observed during the design, construction and maintenance of a culvert.

The applicable existing environmental protection regulations as well as planning and land

use regulations (federal, provincial and municipal), should also be observed.


5.0 ENVIRONMENTAL PROTECTION PROCEDURES

This section relates to Steps 4 and 5 in the Guideline methodology (Figure 1.1) and

presents procedures for the protection of VFS and fish habitat during the planning,

design and installation of large complex culverts. The protection procedures focus on

activities directly related to culvert installation and maintenance. They form only part

of an environmental protection plan for a road and should be applied in concert with

other accepted and approved provincial environmental protection plans. The protection

procedures are presented under the following headings:

• planning and work sequence;

• overall site lay-out and culvert design;

• erosion and sediment control;

• culvert installation;

• control of deleterious and hazardous substances; and

• maintenance and monitoring.

The protection procedures presented below have been guided by the follow ing documents,

Chilibeck et al. (1992), New Brunswick Department of Transportation (NBDOT) (1990,

Prince Edward Island Department of Transportation and Public Works (1993), Hardy

Associates Ltd. (1984), Hardy BBT Ltd. (1987; 1988), Fisher et al. (1989), deGraff (1983),

and Saskatchewan Parks and Renewable Resources. These procedures were developed

following recent and extensive consultation with Department of Fisheries experts from

throughout the Maritimes Region. This information is supplemental to existing watercourse

alteration guidelines used in NB, NS and PEI.

5.1 Planning

Planning is a key tool in environmental protection. Many potential impacts can be

identified at this stage and can be mitigated through project design. Once the locations of

culverts are determined and the structures designed, construction plans must be submitted

to regulatory agencies for approval. These plans should include:


• a list of environmental permits required;

• a list of contacts (DOT Inspector, Proponent, contractors) accountable for specific

environmental protection measures associated with the culvert project;

• information about each VFS including time of spawning, migration and size

classes for which passage is required;

• information about fish habitat which may be affected and, where appropriate, an

objective ranking of that habitat (i.e., poor, fair, good, excellent)

• details of culvert design (e.g., drainage area at culvert location, design flows), and

• mitigative measures must be incorporated into construction procedures and work

schedule (e.g. scheduling, sediment and erosion control procedures, water control

procedures and watercourse treatments proposed for both ends of the culvert).

5.1.1 Alignment Selection Considerations

• Plan roads to cross streams at right angles to minimize the length of a crossing and

minimize the need for permanent stream diversions.

• Locate culverts on straight stream segments.

• Locate culverts at sites where the channel gradient is at or near zero and water

velocity is relatively constant upstream and downstream.

• Locate culverts in stream stretches with level approaches and stable banks.

• Avoid crossing locations that will require large permanent stream diversions.

• Avoid locating roadway interchanges near watercourses as these will normally

require multiple culvert installations and the placement of large amounts of till

adjacent to the watercourse.

• Avoid areas with erodable soils.

• Avoid areas with acid-generating rock


• Avoid locating crossings at sites where culvert installation will involve large

fills or approaches with deep or lengthy cuts. If such crossings are necessary, a

detailed, site-specific erosion control plan may be necessary.

• When designing crossings, retain natural drainage patterns wherever possible.

This will minimize erosion of valley slopes and sedimentation of the stream.

5.1.2 Other Planning Considerations

• Prior to commencing in-stream work, consult with local Department of Fisheries

and Oceans officers and provincial Fisheries representatives to confirm the

presence, distribution and critical spawning and migration periods for each VFS

in the stream or watercourse. Table -i l presents general approximations of critical

spawning and migration periods for certain species in NB, NS and PEI. However,

these are not necessarily the onU sensitive periods of the life cycle.

• Conceptual designs of stream diversions to link the culvert into the watercourse

must be based on established conditions found in the watercourse (i.e. stream

diversions should mirror stream gradient, substrate, meander sequence, depth.

riparian vegetation, etc). For all large permanent stream diversions, detailed plans

must be submitted to the Department of Fisheries and Oceans for review to

determine if, an authorization under Section 35(2) of the Fisheries Act, and a

screening under CEAA may be required.

• Detailed sites plans must ensure the maintenance of natural drainage throughout

all phases of the construction associated with the culvert and immediate

approaches.

• Plan in-stream work outside of critical periods to minimize disturbance and

impact on VFS.

• Prior to any land disturbance, install all perimeter controls such as silt fences,

sediment ponds and sediment traps.

• Plan construction activities during low flow months to avoid rain events (normally

between June I and September 30th). (DFO requires detailed plans for work

outside this construction window.)


• Stage development to allow “green-up” or re-establishment of vegetation on

portions of the work area and minimize the areal extent of exposed soils at any

one time.

• Avoid exposing soils during the fall and winter as they will not be able to support

a grass cover until the following spring. Soils disturbed during this period will

require more complex erosion control measures. (DFO requires detailed plans for

work outside the June 1- September 30 construction window.)

• Plan to clear trees during the winter when the ground is frozen. This will minimize

the disturbance of soil adjacent to watercourses.

• Identify the need to rescue and relocate stranded fish during several stages of

the construction.

5.2 Design

5.2.1 Buffer Zones

• A buffer zone is a strip of vegetation maintained between a watercourse and

a work area The primary objective of a buffer zone is to provide an effective

natural filter for run oft water released from exposed work areas prior to

entry into a watercourse. Buffer zones provide only interim measures to protect

the watercourse until the culvert and associated erosion control measures are

completed.

• Designate a minimum buffer zone of 50 metres on each side of a stream at

culv ert installation sites. The exact width of the buffer zone will depend upon

the steepness of the valley slope and the erodibility of soils on the slope. The

Department of Fisheries and Oceans and provincial fisheries agencies may require

a wider buffer zones on certain streams.

• Identify natural drainage featureas and install temporary sediment control

structures, within the buffer zone, prior to any work on the site.


• Design sediment control structures for all four corners of the culvert installation

to intercept approach-road ditch runoff. These structures should be installed prior

to the culvert and should remain in place until the surrounding work area is

completely stabilized against erosion.

• Install permanent sediment control structures in drainage ditches adjacent to the

area where the culvert will be located.

• Commence grubbing and filling activities within the buffer zone only after

sediment control structures are in place and culverts are installed (Section 5.3).

5.2.2 Site Access

The preparation of a temporary access to a crossing site begins the construction phase of

culvert installation. Clearing and the construction of access to the crossing site can result in

erosion and stream sedimentation if care is not taken to minimize surface disturbance and

erosion control measures are not in place. All working sites must be covered with suitable

clean material (gravel, rock).

• Commence grubbing and filling activities within the buffer zone only after

sediment control structures are in place and culverts are installed

5.2.2.1 Clearing

• Physically mark clearing boundaries on the construction site. This will ensure

only necessary areas are cleared.

• Winimize the width of clearing of right-of-ways.

• Carry out clearing in a manner that will minimize disturbance and prevent erosion.

See accepted and approved Environmental Protection Plans in NB, NS, and PEI

for more detailed clearing protection procedures.

• Cross watercourses at a single location during clearing. Use temporary bridges for

these crossings (i.e.no fording).

• Limb, cut, and porter trees. This will minimize disturbance to watercourses and

reduce erosion of approach slopes.


• Do not dispose of slash into water bodies.

• Fell trees away from watercourses.

• Hand clear steep or unstable slopes near proposed stream crossings. This will

minimize disturbance and reduce erosion.

• Minimize the clearing and grubbing of areas %wh sensitive soils. For areas with

sensitive soils, stabilize exposed areas as work progresses.

5.2.2.2 Other Protection Procedures

• Restrict site access to locations that will serve as permanent access after

development.

• Surface all temporary access roads and working platforms within the buffer zone

with clean material.

• Direct drainage from work areas into vegetation and,’or temporary sediment

ontrol structures within the buffer zone.

5.3 Erosion and Sediment Control

Erosion and sediment control plans should be guided by the following basic approach:

• site evaluation;

• erosion control planning incorporated into the work schedule;

• sediment control; and

• site management


5.3.1 Site Evaluation

• Collect all relevant site information with respect to the development of an

effective erosion and sediment control plan. For a culvert this would include

topographical, geomorphologic and hydrological data. Compile the above data on

a site map 1:500 scale or smaller with 0.5 metre contours.

• Interpret data, delineate drainage, determine potential rainfall events, evaluate

soil erodibility, identify vegetation requiring preservation, identify areas that have

the potential to be affected by sedimentation, and systematically identify all

construction activities that have the potential to increase sediment yield to the

previously identified sensitive area.

5.3.2 Erosion Control Planning

5.3.2.1 Minimize Exposed Soil

• Limit area exposed during clearing, grubbing and excavation for structure and

cover and stabilize exposed areas within 30 days of disturbance.

• Limit area which is allowed to be exposed at any one time, as well as length of

time area is allowed to be exposed (see accepted and approved Environmental

Protection Plans in NB, NS, and PEI for more details).

• also, refer to work progression clause in contracts

5.3.2.2 Keep Clean Water Clean

• Temporary and/or permanent diversions using berets, french drains, pipes or lined

(plastic or rock) channels should be constructed to divert clean water around the

site.

5.3.2.3 Protect Exposed Soil

• Exposed soil must be protected from erosion from the concentrated flow of clean

water flowing from diversion ditches, roadway ditches, and roadway medians.


• Immediately following their completion, seed all roadway ditches, except rock

cuts, for 200 metres on each side of the culvert installation and line with

woodfibre erosion control blankets to a width of 3 m. Where the slope of the ditch

exceeds 5%, roadway ditches must be rock lined.

• Construct, install and maintain check dams in ditches in accordance with accepted

and approved Environmental Protection Plans in NB, NS, and PEI.

• Do not direct drainage from median on four-lane highways directly into culverts.

Disperse surface runoff through vegetation before it enters a watercourse.

• When median drainage is discharged onto the foreslope of a roadway fill, provide

a stable armoured channel to carry the water to the base of a fill.

• Exposed soil must be protected from sheet runoff.

• Establish vegetation cover on exposed areas as rapidly as possible.

• Use mulches or other materials to provide immediate erosion control until

vegetation is established.

• When time is limited, vegetation establishment is not desired, or weather

conditions are unsuitable, use polyethylene sheeting or tarpaulins for protection.

• Locate topsoil stockpiles in areas where they will not block natural drainage or be

a potential source of siltation to watercourses.

• Cover all stockpiled soil with polyethylene. Alternatively, totally contain

stockpiles with a sediment control fence or mulch stockpiled soil as a temporary

measure to prevent erosion.


• Conduct hydroseeding and mulching in accordance with accepted and approved

Environmental Protection Plans in NB, NS and PEI.

• Cover the foreslopes of the fill area, over and adjacent the culvert, with rock from

the toe of the slope to the top of the sub-grade. Place rock on the face of the fill as

the work progresses, not when the fill is completed.

• Fill areas, over culverts on fisheries streams, must be completed to the top of the

sub-grade and the road surface covered with 600 mm rough stone, no later than

October 15 of each construction year.

5.3.3 Sediment Control

• Sediment must be stopped from leaving exposed work areas. Sediment can be

retained by filtration (e.g., sediment fence, filtration berms) or through settlement

(e.g., settling ponds, check dams) which slows the water’s velocity and allow the

soil particles to fall from suspension.

• Construct, install, and maintain sediment control fences, straw bale filter berms,

check dams, sediment ponds etc., in accordance with accepted and approved

Environmental Protection Plans in NB, NS, and PEI.

5.3.4 Site Management

An erosion and sediment control plan is not effective unless it includes:

• worker instructions;

• planned construction activities;

• maintenance and inspection; and

• contingency planning and emergency procedures


5.3.4.1 Worker Instructions

• A pre-construction meeting at which the proponent, key workers, and regulatory

authorities discuss erosion and sediment control plans.

• The instruction of all site personnel as to the reasons, principles and proper

installation techniques of erosion and sediment control measures

• The designation of a qualified individual in a position of authority to implement

the erosion and sediment control plan.

5.3.4.2 Planned Construction Activities

• Stockpile erosion/ sediment control materials (i.e., filter cloth, rock, seed, drain

rock, culverts, staking, matting, polyethylene, etc) prior to the commencement

of construction.

• Plan storage and disposal of excavated materials and cuts and fills to minimize

storage of material and potential erosion.

• Develop procedures to monitor forecast heavy showers, and provide additional

measures to protect exposed soils as needed.

• Halt construction during periods of heavy precipitation and/or runoff to minimize

soil disturbance.

5.3.4.3 Maintainance and Inspection

• A designated person should conduct end-of-day inspections of all erosion

and sediment control structures, and immediately carry out any necessary

maintenance. Several inspections per day should be carried out during periods

of heavy rain.

• Sediment control structures must be cleaned out (normally when they become half

full) to maintain effectiveness. These spoils must be disposed of in an approved


site as per approved Environmental Protection Plans, in NS, NB, and PEI;

normally not within 100m of a watercourse.

5.3.4.4 Contingency Planning and Emergency Procedures

• Specifications should be written to allow a qualified person the authority to make

changes to reflect site conditions.

• The contractor must have a 24 hour emergency contact person, personnel and

equipment, and material available to react to emergency situations.

5.4 Culvert Installation

5.4.1 Water Control

Water control to isolate the work area from the flowing stream is required when carrving out construction activities in fish-bearing streams. The three principal techniques for water control during the installation of a culvert are (1) building the new structure in the dry and diverting stream flow into the culvert upon completion, (2) constructing a fined temporary diversion channel, or fluming the stream around the work site. and (3) pumping.

• If it is anticipated that fish will be trapped in either the original stream channel or the temporary diversion channel, a fish rescue may be required on one or more occassions during the construction, the proponent must arrange for a qualified biologist with all appropriate permits, and necessary equipment to carry out the fish rescue.

• Silty water, pumped during dewatering operations, should be directed into vegetated areas away from watercourses. The concentration of suspended solids in water, should not exceed 25 mg/L before n enters fish bearing waters. The CCME guidelines for, the protection of aquatic life require TSS concentration must not exceed 10 mg/L if the background suspended solids concentration is equal to or less than 100 mg/L, or not increase more than 10% above background concentration if the background concentration exceeds 100mg/L.

• If the natural filtering capacity of streamside vegetation is insufficient to satisfy

the above criteria, then additional site specific measures such as sediment control

ponds, geotextile silt bags or perforated outlet pipe placed along a contour, should

be used.


• Any cofferdams used to temporarily divert stream flow into a diversion should be

constructed of non-erodable material.

5.4.2 Temporary Diversion or Flumes

• Erect a filter fence on both sides of the proposed temporary stream diversion if required for sediment control.

• Excavate and stabilize stream diversions in isolation from the flowing stream, starting from the bottom end of the diversion channel and working towards the upstream end.

• All temporary diversion channels must be lined with secured heavy gauge plastic. geotextile, or rock such that they can withstand maximum flows without destabilization.

• Temporary diversions and flumes must be designed for the anticipated flow during the time they are to be in place (i.e. normally to accommodate a Q2 flow). Details of the temporary diversion channel or the placement of flumes must be shown on the plans for the culvert installation or reviewed with DFO on site prior to construction. Temporary diversion and/or flumes must be designed to allow the free passage of fish throughout the construction period.

• Pumping of stream flow around a culvert installation site should only be planned during low flow conditions and when the installation can be completed within 2 to 3 days. For watercourse frequented by fish, pumping must be continued 24 hour, a day; streamflow must be maintained at all times.

• Temporary diversions and flumes must be designed for the anticipated flow during the time they are to be in place (i.e. normally to accommodate a Q2 flow). Details of the temporary diversion channel or the placement of flumes must he shown on the plans for the culvert installation.

• Temporary diversion and/or flumes must be designed to allow the free passage ot fish throughout the construction period. Details of the diversions or flumes mine

be submitted to DFO to assess fish passage capabilities.

• If it is anticipated that fish will be trapped in either the original stream channel or the temporary diversion channel and a fish rescue may be required on one or moreoccassion the construction. The proponent should arrange for a qualified biologist with all appropriate permits, and necessary equipment to carry out the fish rescue


occassion the construction. The proponent should arrange for a qualified biologist

with all appropriate permits, and necessary equipment to carry out the fish rescue.

• Any cofferdams used to temporarily divert stream flow into a diversion must be

constructed of sandbags faced with plastic.

• Stream flow should not be diverted through a new culvert installation before

(a) the foreslopes of all preliminary fill over the structure are faced with the

appropriate rock or erosion control blanket;

(b) all sediment control structures adjacent to the culvert having been fully

established;

(c) all roadway ditches leading to the new structure have the appropriate

protective linings (rock or erosion control blanket ) and sediment control

structures (check dams) installed.

5.4.3 Temporary Stream Crossings

Equipment should not enter watercourses. Temporary bridges should be used wherever

possible. Temporary bridges are defined as portable structures placed across a watercourse

for a period of time ranging from less than one day to one or more weeks. They should be

removed when the work in the area is completed.

• Crossings should be restricted to a single location and should be perpendicular to

the watercourse within the right-of-way. The crossing site should exhibit a stable

soil type and gentle approach slopes.

• A buffer zone should be maintained on each side of the watercourse. In this zone

a narrow travel route may be cut (Section x.2.1). All slashing and construction

debris must be removed by hand and disposed of above the high water mark and

away from the watercourse.

• Trees should be felled away from the watercourse during surveying, clearing

and maintenance operations. Trees felled within the high water mark should be

removed immediately.


• Approaches to water crossings should be stabilized with brush mats and banks

stabilized by the placement of a vegetation mat, where necessary. When bank

or approach slopes are composed of erodible soil; riprap, filter fabric or other

measures should be used. If mechanical stabilization is not sufficient to ensure

stability or to prevent silt entering the watercourse, then seeding, mulching,

sodding or planting as soon as possible following clearing or at the end of grading

operations is necessary.

5.4.4 Other Protection Procedures

If the rock on site is found to be acid producing, follow the procedures contained in

Guidelines for Development on Slates in.’’ova Scotia (Environment Canada and the Nova

Scotia Department of the Environment 1981).

5.5 Control of Deleterious and Hazardous Substances

The proponent and contractor shall be responsible for the safe handling and storage of

fuels and hazardous materials used during culvert construction and operation. In the event

of any type of spill of hazardous materials or other potential environmental emergencies,

proponents or contractors are advised to immediately contact 1-800-5651633. Gasoline,

diesel fuel, grease and oil are required for equipment; explosives may be used for rock

blastings; solvents may be used for cleaning; wood preservatives and paints may be used

in construction. Procedures for proper handling of deleterious and hazardous substances

should be conducted in accordance with accepted and approved Environmental Protection

Plans in NB, NS and PEI.

5.5.1 Fuels, Lubricants and Hydraulic Fluids

• Locate fuel storage sites on high ground and more than 100 metres from any

watercourse. This will minimize the potential for leaks or spills to enter the water.

• Store fuels, lubricants and hydraulic fluids in secure locations, protected against

unauthorized access and vandalism.

• Provide spill containment structures such as lined berets at all fuel, lubricant and

fluid storage sites.


• Restrict the handling of fuels, lubricants and hydraulic fluids to personnel who

have received training in their handling and in WHMIS.

• Do not allow fuelling or servicing of mobile equipment within 30 metres of a

watercourse except within an approved refuelling site where conditions allow for

containment of accidentally spilled fuels.

• Clearly mark or barricade fuel storage areas and non-portable transfer lines to

ensure that they are not damaged by moving vehicles.

• Immediately contain any spillage of fuels, lubricants or hydraulic fluids and

remove the contaminated soil from the site in accordance with federal and

provincial legislated requirements.

• Collect waste oils and hydraulic fluids in leak-proof containers and remove them

from the site for proper disposal or recycling.

5.5.2 Wood Preservatives, Paints, Cast-In-Place Concrete and Other Toxic

Substances

Wood preservatives containing chemicals such as creosote, chlorophenols and zinc or

copper napthanate solutions are extremely toxic to aquatic organisms. Based on information

on mobility, persistence, and aquatic toxicity, CCA (chromated copper arsenate) treatment

is the preferred wood preservative treatment in freshwater environments and creosote the

preferred treatment in marine environments.

• When using CCA, rinse the treated dry wood after application and drying.

Weather or season the wood for a minimum of 45 days before using it in

or near any water body. Contain or recycle the wash waters. Allow pressure-

treated lumber containing CCA to fully react and weather for a minimum of

60 days prior to use instream. For further details please refer draft document

“Guideline for the Application and Removal of Protective Coatings“, by the New

BrunswickDepartment of the Environment, February 1993.

• Include steam treatment in creosote applications to reduce loss of preservative

into the aquatic environment.


• Do not, under any circumstances, apply CCA or creosote to materials installed

on or over water.

• Install tarpaulins beneath work areas prior to applying paints. This will allow

for the collection of any excess liquid or scrapings and subsequent removal and

disposal.

• During curing concrete, which contains lime in the cement, can kill fish by

substantially altering the pH in stream water. Use pre-cast concrete instead of

cast-in-place concrete wherever possible.

• Totally isolate all cast-in-place concrete from flowing water for a minimum of 48

hours to allow the pH to neutralize before continuing in-stream work.

• Dispose of raw or uncured waste concrete and grouts by removal from the

construction site or by burial on the site in a location and in a manner that will

not impact on a watercourse.

• Trap wash down waters from exposed aggregate surfaces, cast-in-place concrete

and concrete trucks on-site for 48 hours to allow sediment to settle out and reach

neutral pH before releasing the clarified water.

• Control rinsed and cleaning waters, solvents for glues, paints, wood preservatives

and other toxic substances so as to prevent leakage, loss or discharge.

5.6 Maintenance and Monitoring

During construction, the proponent’s (and/or their contractor’s) on-site inspectors are

responsible for timely implementation of all environmental protection measures as

specified in the plans and permits for the culvert installation. The duties of these

individuals include daily monitoring of all sediment/erosion control structures, the

identification of those structures not working properly and the coordination of repair

activities where necessary. Well designed and constructed culverts should require

minimum maintenance during operation. However, routine inspections are recommended

for all culverts and approaches to ensure proper culvert functioning and to ensure ditches


and culverts are clean and free of debris. Inspection frequency should increase during high

runoff periods. Improper functioning of a culvert during or after a major flood event may

indicate the need for minor repairs or modifications. It is advisable to perform such minor

repairs immediately in order to prevent the need for major repairs later, and to ensure safety

and reduce environmental impacts. General maintenance should be carried out according

to an agreed schedule of works and agency contact procedure. If time allows, contact the

fisheries agencies before carrying out emergency repairs in order to obtain their assistance

in minimizing impacts to fisheries habitats.


6.0 REFERENCES

Barnes, J.L. and D.A. Westworth. 1994. A Methodological Framework for Cumulative

Effects Assessment. In: Kennedy, A.J. (Ed.) Cummulative Effects Assessment in

Canada: From concept to practice. Papers from the Fifteenth Symposium Held by the

Alberta Society of Professional Biologists. Hignell Printing Ltd., Edmonton, Alberta.

332 pp.

Beak Consultants Limited. 1982. Stream and tributary inventory of Cat Arm. Report

for Newfoundland and Labrador Hydro Environmental Surveys Department, St. John’s

Newfoundland. 47 pp. Plus Appendices.

Beamish, F.W.H., P.J. Healey and D. Griggs. 1986. Freshwater fisheries in Canada:

Report on phase I of a national examination. Canadian Wildlife Service. 1 Sip.

Belford, D.A. 1986. Abilities of trout to swim through highway culverts. MSc Thesis,

Fish and Wildlife Management, Montana State University, Bozeman, Montana.

Bell, M.C. 1991. Fisheries handbook of engineering requirements and biological criteria.

Fish Passage Development and Evaluation Program, Corps of Engineers, Portland

Oregon.

Canadian Environmental Assessment Agency. 1994. The Canadian Environmental

.Assessment Act: Responsible Authority’s Guide. 216 pp.

Chilibeck, B., G. Chislett and G. Norris. 1992. Land development guidelines for the

protection of aquatic habitat. Integrated Management Branch, Ministry of Environment.

Land and Parks. 128 pp.

Committee on the Status of Endangered Wildlife in Canada. 1995. Canadian Species at

Risk. COSEWIC.

16 p.

Community and Cultural Affairs. 1989. Streamflow Estimation Guidelines for Prince

Edward Island. Inland Waters Directorate - Atlantic Canada, Environment Canada,

Ottawa. 35pp.


Conrad, V. and H. Jansen. 1994. Fish passage and habitat preservation for highway

culverts, eastern Canada.No. 94-01, Department of Fisheries and Oceans, Halifax, Nova

Scotia.

deGraff, D. 1983. Urban development: guidelines for protection of fish habitat in insular

Newfoundland. Report by LGL Limited for Government of Canada, Fisheries and

Oceans. 95pp.

Department of Fisheries and Oceans. 1986. The Department of Fisheries and Oceans

policy for the management of fish habitat. DFO, Ottawa, Ontario. 30 p.

Department of Fisheries and Oceans. 1992. Protection and Restoration Guidelines for

Fish Habitat in the Central and Arctic Region, DFO, p.

Environment Canada. 1986 Atlantic Provinces, Active Hydrometric Station. Map. Inland

Waters Directorate, ECIVVD, Canada.

Fisher, G.L., A.G.H. Locke, and B.C. Northey. 1989. Stream crossing guidelines

operational guidelines for industry. ENR Technical Report Number: T;’80. Forestry

Service, Alberta Forestry, Lands and Wildlife. 52pp.

Hardy Associates Ltd. 1978. Land Use Guidelines: Access Roads and Trails. Land

Resources, Indian and Northern Affairs Canada, Ottawa. 49 pp.

Hardy BBT Limited. 1990. Environmental Operating Guidelines: Northern Seismic

Operations. Indian and Northern Affairs Canada, Ottawa. 34 pp.

Hardy BBT Limited. 1987. Reclamation Guidelines for Northern Canada. Land

Resources, Indian and Northern Affairs Canada, Ottawa. 404 pp.

Hooper, B. Senior Fisheries Biologist, Fish and Wildlife Branch, P.O, Box 6000,

Fredericton, NB, E3B 5H1, pets. comm.

Hooper, W.C., L. McCabe and T. Robertson. 1995. A standardized fisheries stream survey

for Atlantic Canada. Department of Natural Resources and Envery, Fish and Wildlife

Branch, Fredericton, NB, approx. 50 pp.


Jacques Whitford Environment Limited. 1994. Environmental Overview of the

Proposed Commercial Alcell Plant in Atholville, New Brunswick. Project No. 51788-

51782. Pp276 plus Appendices.

Katopodis, C. and R. Gervais. 1991. Ichthyomechanics. Freshwater Institute. Central and

Arctic Region. Department of Fisheries and Oceans, Canada.

Katopodis, C. 1993. Fish passage at culvert highway crossings. Presentation “Highways

and the Environment”. Charlottetown, PEI. 26 pp.

Loftus, K.K., L.A. Greig, T.A. Pinfold, M. Kilfoil, and J.D. Meisner. 1993.

Comprehensive Development Strategy for the Anadromous and Inland Recreational

Fisheries of New Brunswick. Final Report. Project TA 2007.

New Brunswick Department of Transportation. 1995. Environmental Protection Plan.

New Brunswick Department of Transportation. 1995. baffle design details for culvert

placement (Pollard Brook, drawing #.

Saskatchewan Parks and Renewable Resources. nd. Fish habitat protection a guide for

field officers.

MacInnis, C. and MacLean, S., 1998. Revisions of figures from the Nova Scotia Adopt

a Stream Guide.

Wood, S., Fisheries Biologist, Fish and Wildlife Branch, Fredericton, NB, pers. comm.

APPENDIX A

CONTACT LIST

Name Affiliation Telephone

Dave Sullivan NBDOT (506) 453-2267

Linton Miller NBDOT (506) 453-2674

Phil Hanson NBDOT (506) 453-2674

Steve Woods NBDNRE (506) 453-2440

John Beunders NBDOE (506) 457-4848

Ernest Ferguson DFO, Tracadie-Sheila (506) 395-7700

Brian Keating DFO, Sussex (506) 432-4152

Maurice Levesque DFO, Moncton (506) 851-7768

George Trainer PEIDOT (902) 368-5090

Don Blanchard PEIDOT (902) 368-5187

Bruce Raymond PEIDOFE (902) 368-5054

Clair Murphy PEIDOFE (902) 368-5036

Learning Murphy DFO, Charlottetown (902) 566-7839

John Theakson NSDOE (902) 424-5300

Denis Rushton NSDOT (902) 424-4082

Bob Bairan NSDOT (902) 424-3316

Charles Maclnnis DFO, Antigonish (902) 863-5670

Jim Leadbette DFO, Halifax (902) 426-6027

Phil Zamora DFO, Halifax (902)-426-4692

Joan Reid DFO, Sydney (902) 564-7708

Peter Winchester DFO, Yarmouth (902) 742-0873

Dr. Joan Kean-Howie CCG, Dartmouth (902) 426-7853

APPENDIX C

Table C1: Fish Species Found in the Inland Waters of New Brunswick,

Nova Scotia and Prince Edward Island.

FISH SPECIES

Alewife (Alosa pseudohorengus) (also Gaspereau) Golden shiner (Notemigonus crysoleucas)

Atlantic (Acadian)whitefish (Coregonus hunrsmani) Goldfish (Carassius auratus)

American eel (Anguilla rostrata) Lake chub (Couesis plumbeus)

American shad (Alosa sapidissima) Lake trout (Salveli»us nomaycush)

Atlantic menhaden (Brevoorria tvrannus) Lake whitefish (Coregonus clupeaformis)

Atlantic salmon iSalmo solar) (incl. landlocked pop.) Longnose sucker (Catostomus catostomus)

.Atlantic sturgeon (Acrpenser oxyrhynchus) Mottled sculpin (Cottus bairdi)

Atlantic tomcod (Microgadus tomcod) Mummichog (Fundulus heteroclitus)

Arctic char (Salvelinus olpinus) Muskellunge (Esox masquinongy)

Banded killifish (Fundulus diophanus) Nine-spine stickleback (Pungtius pungitius)

Blacknose dace (Rhrnrchrhvs arratulus) Northern redbelly dace (Chrosomus eos)

Blacknose shiner (Notropis hereroleprs) Pearl dace (Semotilus margarita)

Blackspotted stickleback (Gasterousteus whearlandi) Pumpkinseed sunfish (Lepomrs grbbosus)

Blueback herring (Alosa aestivalis) Rainbow smelt (Osmerus mordax)

Brook stickleback (Culeo inconstans) Rainbow trout (Oncorhynchus mykis)

Brook trout (Salvelinus fontinalis) (incl. landlocked Redbreast sunfish (Lepomrs auritus)Pop.)

Brown bullhead (lctolurus nebulosus) Redftn shiner (Notropis umbratilis)

Brown trout (Salmo trutta) Round whitefish (Prosopium cylindraceum)

Burbot (Lota Iota) Sea lamprey (Petromy-on marinus)

Chain pickerel (Esox niger) Shormose sturgeon (Acipenser brevirostrum)

Common shiner (Norropis cornutus) Slimy sculpin (Coitus cognatus)

Creek chub (Semotilus atromaculatus) Smallmouth bass (Micropterus dolomieui)

Fallfish (Semotilus corporolis) Striped bass (Morone saxatrlis)

Finescale dace (Chrosomus neogaeus) Threespine stickleback (Gasterosreus aculearus)

Fourspine stickleback (Apeltes quadracus) White perch (Morone americana)

Gaspereau (see Alewife) White sucker (Catostomus commersoni)

Yellow perch (Perca flavescens)

APPENDIX DDetermination of Hydrological Regions

The methodology used to establish hydrological regions relied on several sources of information. Annual flow duration curves for 74 active (Roseway River, NS has been inactive since 1993) hydrometric stations were the primary tool used in region delineation. Other sources of information such as the Environment Canada Inland Waters Directorate (ECIWD) hydrometric basins classification, low flow guides, and provincial flood frequency guides were researched to establish a baseline. This baseline was used to construct the hydrological regions for this Guideline.

Quantifiable parameters such as basin drainage area, mean annual precipitation, surficial geology, and soil type were considered in the preliminary regression analyses. Drainage area and mean annual precipitation values were chosen to be included in the regression equations due to their direct effect on hydrologic flows.

The stations used in this study are located within NB, NS, and PEI, and are illustrated in Figure 2.1 in the main body of the Guideline. The following criteria were used to select acceptable stations:

1 the station was recording natural flow;

1 a minimum of 10 years of recorded data exist; and

1 the station was active at the time of the study (except 01EC0001).

A complete listing of the hydrometric stations used for this project are found in Table D1. The listing is in alphabetical order according to the station number index established by ECIWD.Several options taking into consideration hydrologic data and fish species were evaluated through regression analysis before deciding on the final zones. Regression analysis was done on each tentative zone and r2 values were compared.

The following is a brief discussion of the evaluation process used to determine the final zones. The ECIWD established 4 zones in NB, three in NS, and 1 in PEI as being statistically similar from a hydrologic point of view. This zoning was determined using flood flow analysis based on several hydrometric stations found in the maritimes. A preliminary analysis was performed using these zones and published annual flow duration curves.

All the stations were grouped into one zone to serve as a yardstick for comparison of regression curve fit (r2). The next step was to establish smaller zones, based on delineations defined by ECIWD. and evaluate them for better r2 fit. Additional zones, based on common characteristics, were created by combining smaller zones together. These zones were then evaluated statistically with previous zones. For examples, southern NB was combined with northwestern (rejected tentative zone) NS to determine if the larger zone was statistically similar to the two smaller ones. The curve fit was not improved. Eastern NB was combined with eastern NS, however the r2 value for the generated curve was statistically less accurate than keeping the zones separate. An attempt to fit PEI stations in with eastern NB was discarded due to poor statistical fit. Stations lying on zone borders were moved into both zones to establish where they fit the best before making a final zone delineation.

During the course of the regression analyses, it was determined that several stations did not fit well into any zones. The Magaguadavic River, Mersey River below George Lake, Roseway River, both Tobique stations, and Upsalaquitch River were determined to have mean annual flows outside the expected ranges when related to their drainage areas. These stations were placed into the closest geographic zone possible while permitting a reasonable curve fit.

A zone identified as southwestern NS was created for the Mersey and Roseway Rivers. Only two data points were available within this area. Stations previously being monitored in this area have unusable data due to recent flow regulation causing previous data to be inconsistent with present river conditions. The Magaguadavic River was left in southern NB for geographical reasons. Regression analyses proved that moving this station to other zones did not improve overall curve fit. The stations on the Tobique River were inserted into the central NB zone in order to obtain the best overall curve fit. The Upsalaqitch River was made part of north western NB for statistical and geographic reasons.

After considering all the possible alternatives. it was determined that NB could be divided into four zones, NS into four zones, and PEI into one zone. These zones have the best overall statistical fit and take into consideration fish migration patterns. The final zone delineation is illustrated in Figure 2.1. The zones are labelled as follows:

1 Region 1 - Western New Brunswick;

1 Region 2 - Central New Brunswick;

1 Region 3 - Eastern New Brunswick;

1 Region 4 - Southern New Brunswick;

1 Region 5 - Southwestern Nova Scotia;

1 Region 6 - Central Nova Scotia;

1 Region 7 - Eastern Nova Scotia;

1 Region 8 - Cape Breton; and

1 Region 9 - Prince Edward Island.

Table D1: Hydrometric Stations

Hydrometric Stations

01 AD 00 3 St Francis River at Glasier Lake 01 B0 00 2 Renous River at McGraw brook

01 AE 00 1 Fish river at Fort Kent 01 B0 00 3 Barnaby River below Semiwagan

01 AF 00 7 Grande Riviere at Violette Bridge 01 B0 00 4 Bartibog River below Hwy 8

01 AG 00 2 Limestone Stream at Four Falls 01 BP 00 1 Little Southwest Miramichi River

01 AH 00 2 Tobique at Riley Brook 01 BQ 00 1 Northwest Miramichi River

01 AH 00 3 Tobique at Plaster Rock 01 BR 00 1 Kouchibougouac River

01 AJ 00 3 Meduxnekeag River near Bellville 01 BS 00 1 Coal Branch River at Beersville

01 AJ 00 4 Big Presque Isle at Tracey 01 BU 00 2 Petitcodiac River near Petitcodiac

01 AJ 01 0 Becaguimec at Coldstream 01 BU 00 3 Turtle Creek

01 AJ 0I 1 Coldstream 01 BV 00 6 Point Wolf River

01 AK 00 5 M Nashwaaksis at Royal Road 01 CA 00 3 Carruthers Brook Near St-Anthony

01 AK 00 6 M Nashwaaksis at Sandwith 01 CB 00 4 Wilmot River near Wilmot Valley’

01 AK 00 7 Nackawick near Temperence Vale 01 CE 00 4 Brudene II River at Brudenell

01 AK 00 8 Eel River at ScottI 01 DD 00 4 Sharpe brook at Lloyds

01 AL 00 2 Nashwaak at Durham Bridge 01 DG 00 6 Shuben acadie River at Enfield

01 AL 00 3 Hayden Brook near Narrows 01 DH 00 4 North River at North River j

01 AL 00 4 Narrows Mountain brook 01 DH 00 5 Salmon River at Union

01 AL 00 8 Nashwaak at Stanley 01 DL 00 1 Kelly River at Eight Mile Ford

01 AM 00 1 North Branch Oromocto 01 DN 00 4 Wallace River at Wentworth

01 AN 00 1 Castaway 01 DO 00 1 River John at Welsford

01 AN 00 2 Salmon River 01 DP 00 4 Middle River of Pictou

01 AO 00 9 Burpee Millstream 01 DR 00 1 South River at St Andrews

01 AP 00 2 Canaan 01 EC 00 1 Roseway River

01 AP 00 4 Kennebecasis 01 ED 00 5 Mersey River below George Lake

01 AP 00 6 Nerepis 01 ED 00 7 Mersey River below Mills falls

01 AQ 00 2 Magaguadavic 01 EE 00 5 Moose Pit brook

01 AQ 00 8 Piskahegan River near Pleasant 01 EG 00 2 Gold River at Mosher’s falls

01 AR 00 6 Dennis stream near St Stephen 01 EH 00 3 East River at St Margarets

01 BC 00 1 Restigouche River below Kedgwick 01 EJ 00 1 Sackville River

01 BE 00 1 Upsalaquitch River 01 EJ 00 4 Little Sackville River

01 BI 00 1 Tetagouche River near West 01 EN 00 2 Liscomb River

01 BJ 00 3 Jacquet River near Durham Centre 01 ER 00 1 Clam Harbour River

01 BJ 0l 0 Middle River near Bathurst 01 F4 00 1 River Inhabitants

01 BJ 01 1 Nigadoo River near Alcida 01 FB 00 6 Lake O’Law brook

01 BL 00 2 Riviere Caraquet at Burnsville 01 FC 00 2 Cheticamp River above Robert

01 BL 00 3 Big Tracadie River at Murchy 01 FJ 00 1 Salmon River

01 BO 00 1 Southwest Miramichi River 01 FJ 00 2 Macaskills brook

APPENDIX E

Fish Habitat Assessment Methodology for Table E1

GENERAL INFORMATION

This methodology is to be used for information when completing Table El, DNRE/DFO - New Brunswick Stream Survey and Habitat Assessment. The information provided from the survey will help to determine the streams potential for fish production, as well as identify problem areas which may in turn affect the quality of the river/stream.

SIDE 1/PAGE 1

TABLE HEADING

River and Hydrological Region: - the name of the river or stream being surveyed

- the hydrological region as determined in Section 2.0

Start Point - for application to this Guideline, 500 m upstream of a proposed stream crossing

End Point: - for application to this Guideline, 500 m downstream of a proposed stream crossing

Drainage Code: - not applicable to this Guideline

Stream/River No.: - not applicable to this Guideline

Personnel: - fill in each surveyors initials

Date: - fill in date on which survey is performed

GIS Map No.: - if known, fill in the Forest Inventory Map number pertaining to area on river/stream being surveyed

Stream Order No.: - not applicable to this Guideline

TABLE

Rules for filling out the table: for something assessed, but not observed put (0) for something not assessed put (--) specify orientations as: R = right L = left M = middle

Column 1 For application of this Guideline:“Reach No.” • reach number one starts 500 m upstream of the proposed crossing and continues downstream. terminating at the proposed crossing.

• reach number two starts at the proposed crossing and continues downstream 500 m.

Column 2 Each distinctive stream type encountered during the stream survey is “Unit No.” denoted as a discrete unit and numbered consecutively, starting with one. from the start point to the end point of each reach surveyed.

Column 3 Identify and record stream type by number from the “Stream Type” table“Stream Type” below. Definitions are presented in the attached Glossary.

STREAM TYPE

FASTWATER POOLS

1. Fall 6. Sheet (ledge) 10. Midchannel 18. Eddy2. Cascade 7. Chute I I. Convergence 19. Gabion3. Riffle (Gr/Rb) 8. Run 12. Lateral 20. Log Structure4. Riffle (R%B) 9. Rapid 13.Beaver 21. Road Crossing5. Riffle (Sand) 14.Trench 22. Wood Debris 15. Plunge 23. Man-Made Dam 16. 24. Natural Deadwater 17. Bogan

Column 4 Two or more stream types may occupy the width of a river/stream. In such“Channel Type” cases the location of the stream type must be denoted as R, L or M.

Right and left are with respect to the right and left sides of the surveyor, as the surveyor is moving from upstream to downstream. Main Channel: used when the stream identified encompasses the entire width of the river.

Side Channel: used when an island divides the aver into two or more channels. One channel would be identified as the Main ( 1 ) and the other as a Side channel (2). - specify if the side channel is to the left (L) or the right (R) of the Main Channel.

Split: used when there are two or more stream types encompassing II the entire width of the river/stream use R, L to divide right and let i sides.

Bogan: used when there is a backdrop of water due to an incoming tributary. Substrate normally consists of sands and fines - specify if the bogan is on the left (L) or on the right (R)

(e.g., The survey for reach one has just begun. The river or stream has three stream tvpes encompassing the entire width of the river or stream. To the left is a riffle (stream type 3, a or 5, depending on substrate composition). In the middle is a pool (stream type 14 to 14, depending on pool characteristics); To the right is a run (stream type 8). The riffle wouhld be unit 1, the pool would be unit 2 and the run would be unit 3. The channel type of unit I would be written as 3L. The number designates the riffle as a split, with the unit being on the left side of the stream (L). The channel type for unit 2 would be written as 3M, and that for unit 3 would be 3R.)

Column 5 Length of the stream type being measured (i.e. the length of the unit)“Length (m)”

Column 6 Wet Width: -The width of the river/stream system, in metres, from the“Average Width (m)” edge of the existing water line of one bank to the edge of the existing water line of the opposite bank. Measurement is based on low water. The wet width is measured throughout the unit and the average is calculated.

Bank Channel Width: -The channel width of river/stream system in, metres, based on the high water mark from one bank to the opposite bank. The channel width is measured throughout the unit and an average is calculated.

Column 7 Based on the chart below, use the criteria to identify the percent (°,%) of “Substrate (%)” each substrate within the stream type.

The total of all substrate types must equal 100%

SUBSTRATE AND CRITERIA

I Bedrock, Ledge2. Boulder = > 461 mm3. Rock = 180 - 460 mm4 Rubble = 54 - 179 mm5. Gravel = ?.6 - 53 mm6. Sand = 0.06 - 2.5 mm7. Fines = 0 0005 - 0.05 mm I

Column 8 The wet depth is measured in metres from the stream bed to the water ‘“Average Depth - surface.

Wet Width (m)” Measure wet depth throughout each stream type, within the boundaries of the left and right bank waterlines (as determined during the measurement of the average wet width). An average is calculated from the measured wet depths.

Column 9 The bank overhang above the water edge for each stream type, based on low“0-50% Undercut Bank” water.

The left and right sides each represent 50% of the total stream type.

Identify the percent of the length of each side (left and right) that is undercut. (i.e., if a stream type is !0 m long and S m of the left side has an undercut and 4 m oJthe right side has an undercut bank then 15% (Sin l 10m x 50%) of the left hand bank is undercut and 20% (4m l !Om x 50%) of the right hand bank is undercut.)

Column 10 Vegetation at or near the water surface.“0-50% Overhanging Bank Vegetation” The left and right sides each represent 50% of the total stream type.

Identify the percent of the area of both the left side and the right side of the stream type influenced by overhanging vegetation. (i.e., if stream type is 10 m long and S m of the left side is influenced by overhanging vegetation and ? m of the right side is influenced by overhanging vegetation then ?5 % ISm i IOm x -50%) of the left hand bank has overhanging vegetation and 10% I?m l lOm x 5O%I of the right hand bank has overhanging vegetation.)

Column 11 The additive length of in-stream woody debris for each stream npe.“Large Woody Debris in Stream (m)” Only consider woody debris that is 10 cm in diameter or greater.

Column 12 Type: - determined from the “Flow Type “ table presented below“Flows” Flow Type: 1. Survey Stream 2. Spring 3. Tributary 4. Spring Seep

Flow (cms): to determine flow, first fill out the Water Flow Measurement Table on side 2 of the form:

Unit no.- is the unit number for which the flow is being determined (from Side 1).

Stream type - is the stream type for which the flow is being determined (from Side I ).

Wet width (m) (W) - record corresponding data from Side 1

Depth (m) (D) - the wet depth is taken at 1/4, /2 and 3/4 of the distance across the wet width, and measured from the stream bed to the water surface - the average of the depth is calculated (depth sum divided by 4)

Coefficient (A) - 0.9 (smooth) is used when stream bed is mud, sand, bedrock

- 0.8 (rough) is used for all other stream bed types

Length (m) (L) - the distance over which an object is floated (not less than 3m), and should be done over an homogenous area

Float Time (seconds) (T) - time it takes for a floatable object (i.e., a dry stick, a whiffle ball) to travel the designated length - taken at 1/4, 4/2 and3/4of the distance across the wet width - the average is calculated (float time sum divided by three) Comments - using the “ Checklist of Land use and Attributes” on Side 1, record the numbers) which wall best describe the location and/or problems affecting it. If no codes apply then write any observations that can accurately describe the area or location where the flow was measured. Flow is calculated using the equation at the bottom of side 2: W x D x A x LT

Time: the time at which the flow is measured Temperature: the ambient and water temperatures, measured in degrees Celsius, at the time the flow is measured

Column 13 The percent of sands or fine material surrounding larger substrate (gravel“% Substrate Embeddedness” through boulder). Record the number. from the chart below, which best represents the embeddedness of the large substrate in the streambed Embeddedness Criteria 1. #20% 2. 20% - 35% 3. 35% - 50% 4. $ 50%

Column 14 Using the “Checklist of Land Use Attributes”, record the numbers) which“Comments” will best describe the stream vpe location and/or problems affecting o.

SIDE 2/PAGE 2

Column 1 As in Side 1“Reach No.”

Column 2 Not applicable to this Guideline“Site (50 m interval)”

Column 3 Riffle/Run“% Site” - determine what percentage of each reach is riffle (gravel/rubble or rock/boulder or sand), and what percent of each reach is run.

Pools - determine what percentage of each reach surveyed was pool habitat

Column 4 Determine the percent of the stream type (from Side 1) which is shaded.“Shade (%)” This value will be based on the amount of the stream type which would be shaded by the sun between 10 am and 2 pin.

Column 5 Vegetation (%):“Stream Banks” - percent of bare ground, grasses, shrubs and trees of both the left and right side from the channel bank and 15 m back (the shrubs category includes

Column 5 alders and willows). The total amount of stream bank vegetation should 1“Stream Banks” equal 100%.

continued Erosion (%): - the left and right sides each represent 50% of the total stream type.

- identify the percent of the length of each side that is stable, bare stable, eroding (bare stable refers to a bank that is stable but that has no vegetation on it).

(e.g., if stream type is 10 m long and 5 m of the left bank is eroded and the remaining 5 m is stable with vegetation, and 10 m of the right bank is stable with no vegetation then the left bank is 15% (5m / 10m x 50%) stable. 0% bare stable and 15% (5m / 10m x 50%) eroding, and the right bank is 5O% (10m / l0m x 50%) bare stable.)

Column 6 - the level of dissolved oxygen (mg/L) for each reach, measured in the Field“O

2 (mg/l)” with a calibrated, YSI Dissolved Oxygen Meter (or equivalent)

Column 7 - the pH for each reach, measured with a calibrated, field pH meter“ph” - measured in a laboratory from a grab sample taken at the time of the survey

Calcium and alkalinity are two parameters that need to be tested in the laboratory. There is no space for thesecriteion, however, these values are necessary in order to complete Table E2, DNRE/DFO - New BrunswickStream Survey and Habitat Assessment. Only one grab sample is required from each reach to complete theanalysis for pH, alkalinity and calcium,

Column 8 Wet: the wet depth is taken, for each stream type, at 1/4, 1/2/ and 3/4 of the“Depth” distance across the wet width, and measured from the stream bed to the water surface, in metres.

Channel: the channel depth is taken, for each stream type, at 1/4, 1/2/ and 3/4 of the distance across the channel width. The depth is measured in metres from the stream bed to the upper limit of the channel width.

Column 9 Number: assign an appropriate number from the criteria column of the“Pool Rating” “Pool Rating “ table from the bottom of Side 1 to each pool encountered

Letter: not applicable to this Guideline

Column 10 The lower or downstream end of the pool.“Pool Tail”

Embeddedness: the percent of sands or fine material surrounding larger substrate (gravel through boulder).

- record the number from the column chart, presented below, which best represents the embeddedness of the large substrate in the pool tail Embeddedness Criteria 1 # 20% 2 20% - 35% 3 35% - 50% 4 $ 50% Mean Substrate Size: - the mean size of the substrate within the pool tail column Fine: - how much of the substrate is fine material (diameter 0.0005 - 0.05 mm, from “Substrate” table, Side I )

Column 11 Not applicable to this Guideline

“% Turbulence”

Fish Habitat Mapping Methodology

A habitat map is a rough sketch of the section of stream surveyed. Although the map is not drawn

to scale, the approximate location of each stream type (or habitat unit), with respect to the proposed

crossing, should be included. Each unit should be numbered to correspond with the habitat units

numbered on the habitat survey form. The characteristics of each stream type should be drawn on

the map. These could include the presence of any gravel bars, logs or trees that have fallen across

the stream, stream crossings, springs flowing into the river or stream being surveyed or the location

of large rocks or boulders. The total length of each reach should also be included. An example of a

habitat map is presented as Figure El.

Fish Habitat Assessment Summary and Habitat Classification Methodology for Table E2

Hydrological Region

! from DN1ZE/DFO - New Brunswick Stream Survey and Habitat Assessment form (Table

E 1).

Stream Name and Crossing Location

! give the name of the river or stream that was surveyed as well as a description of the

location of the proposed crossing on that river or stream.

Reach

! give the reach to which the information pertains (500 m upstream or downstream).

Water Temperature

! from the DNRE/DFO - New Brunswick Stream Survey and Habitat Assessment form,

determine the average temperature within each reach.

! compare this value with temperature criteria listed at the bottom of the summary form and

enter the appropriate ranking (poor, fair, good or excellent) into each of the three columns

(Trout JV and AD, Salmon JV and Salmon AD) in the upper section of the form.

Water Chemistry

! refer to the laboratory results for the analyses of calcium and alkalinity for each reach.

! compare these results to the calcium and alkalinity criteria listed at the bottom of the

summary form and enter the appropriate ranking into the upper section of the form.

Percent (%) Embeddedness

! refer to Side 1, column 13 of the DNRE/DFO - New Brunswick Stream Survey and

Hah;:.:t Assessment form for embeddedness values.

! determine which of the four criteria listed in the column best describes the overall

embeddedness of the entire reach.

! compare the overall value to the criteria listed in the summary form and enter the appriate

ranking into the upper section of the form.

Fish Habitat Assessment Summary and Habitat Classification methodology (continued)

Stream Habitat Characteristics

Salmonid Rearing and Feeding Habitat Trout (Juvenile (JV) and Adult (AD))

- refer to Side I, column 10 of the DNRE/DFO - New Brunswick Stream Survey and Habitat Assessment form for percent over-hanging bank vegetation and determine a value, in percent, that would best represent the entire reach (left and right together).

- refer to Side 2, column 3 for the percent of the river or stream that is occupied by pools.

- compare the values for the above two parameters with the criteria listed at the bottom of the summary sheet under the sub-column Trout (JV and AD) and enter the appropriate ranking.

Salmon (JV)- refer to Side I, column 3 of the DNRE,’DFO - New Brunswick Stream Survey and Habitat Assessment form for the overall amount of riffles, runs, rapids and pools in the reach.

- compare this with the criteria listed at the bottom of the summary form and enter the appropriate ranking.

Salmon (AD)- refer to Side I, column 8 of the DNRE/DFO - New Brunswick Stream Survey and Habitat Assessment form for the depth of all pools encountered and determine the mean depth of all pools within the reach.

- refer to Side 1, column 7 of the DNRE/DFO - New Brunswick Stream Survey and Habitat Assessment form and determine the percent substrate that would best represent the entire reach.

- compare the values of the above two parameters to the criteria listed at the bottom of the summary form and enter the appropriate ranking.

Salmonid Spawning Habitat• refer to Side I, column 3 of the DN1tE/DFO - New Brunswick Stream Survey and Habitat

Assessment form for the overall amount of riffles, runs, rapids and pools in the reach.

• refer to Side 1, column 7 of the DNRE/DFO - New Brunswick Stream Survey and Habitat

Assessment form and determine the percent substrate that would best represent the entire

reach.

• compare the results of the above two parameters to the criteria listed at the bottom of the

summary form, enter the appropriate ranking.

Fish Habitat Assessment Summary and Habitat Classification Methodology (continued)

Overall Habitat Classification

• from the rankings entered in the upper section of the summary form, determine a ranking

for each reach (poor, fair, good or excellent) that would best describe the overall habitat

and enter this ranking in the appropriate cell at the end of each row.

• consultation with the appropriate DFO and\or NBDNRE officials may be necessary to

accurately determine the overall habitat ranking or classification for each reach.

• This classification will be entered into the project screening matrix (Section 1.3.3,

Appendix B)

Appendix E

Glossary of Terms

Cascade: a succession of steep, small falls.

Chute: an area of stream where the average wet depth is greater than or equal to

the channel width.

Fall: water falling over a cliff.

Pool: an area of stream where the water velocity is slow and stream depths are

relatively deep.

Midchannel: a pool that is located in the middle of the channel being surveyed.

Convergence: A pool formed at the point where two channels converge or meet.

Lateral: a pool that is located on the left or right side of the stream being

surveyed.

Beaver: a pool that has been formed due to beaver activity.

Trench: a very deep, long pool that is trench-like.

Plunge: a pool formed when water penetrates an area quickly as it flows

over an object such as a log. The force of the water digs the

sediments to create a pool.

Bogan: a pool created due to the backdrop of water from an incoming

tributary. The substrate consists mainly of sand and fine material.

Eddv: a pool created by a current of water flowing in the opposite

direction as the main current. The action digs a pool in the

sediments.

Gabion: a pool created by gabions or damming structure.

Rapid: an area of stream where the water velocity is faster than a riffle.

Riffle: an area of stream where velocity is fast and stream depths are relatively shallow

causing broken water.

Riffle (R/B): a riffle flowing over and through large substrates such as rock or boulder.

Riffle (Gr/Rb): a riffle flowing over a gravel or rubble bottom.

Riffle (Sand): a riffle flowing over a sand bottom.

Run: an area of stream where the water velocity is slower than a riffle and stream depths

are deeper than a riffle causing less surface turbulence.

APPENDIX F

Design Examples

Culvert Design Example

This section presents an example that identifies the steps involved in the preparation of a culvert design that will confirm to the design guidelines presented in this document.

Site specific information

The culvert is to be 90 m long and is to accommodate the flows from a drainage area of 5.2 km2.

Step 1. Determine the flows that will be needed in the design, as described in Section 4.3.

These flows were estimated to be:

Qhigh

= 0.246 m3/sQ

low = 0.012 m3/s

Qflood

= 9.657 m3/s

Step 2. Assume the culvert will not require baffles. Determine the slope of the culvert barrel using the inlet and outlet invert elevation requirements (for non-baffled culverts) as described in Section 4.7, and size the culvert using the flood design flow (9.657 m3/s).

For the purposes of this example, assume that the above flood flow, barrel lenght barrel slope, and culvert material require a culvert with a diameter of 1.8

Step 3. For a non-baffled culvert with a diameter of 1.8 m, check that:

the maximum water velocity associated with the high flow (0.246 m3/s ) does not exceed the sustained swimming speed of the weakest swimming fish expected to be present, and

the minimum flow depth associated with the low flow (0.012 m3/s) is not less than 150 mm.

For the purposes of this example, assume that either both or one of the above two guidelines are/is not satisfied, indicating that baffles will be required. If both guidelines are satisfied, a non-baffled culvert should not present any obstructions to fish passage, and only Step 9 remains to be performed as part of the culvert design procedure.

Step 4. Obtain an initial estimate of baffle and notch sizes. Based on the drainage area (5.2 km2), and using the information presented in Table 4.2, the initial estiimates of baffle and notch sizes are: baffle height 500 mm, notch width 300 mm and notch depth 200 mm.

Step 5. Determine the baffle spacing. Using the information presented in Section 4.6.2, select a baffle spacing that will not result in a drop in elevation between baffles of more than 200 mm or 150 mm (as discussed in Section 4.6.1 below Table 4.2).

For the purposes of this example, assume that the slope of the culvert barrel is 2.1 % (make sure that the guidelines regarding the inlet and outlet inverts are satisfied, as presented in Section 4.7). The elevation drop between baffles for the example is 200 mm, which results in a baffle spacing of 0.200/0.021 = 9.5 m.

Step 6. Verify that the pools between the baffles have sufficient volume to dissipate the energy of the water after it falls over the baffles. Using the methodology presented in Section 4.6.1, and the high flow (0.246 m3/s), the required pool volume is 2.56 m3.

The pool volume that is provided by the baffle and notch sizes specified in Step 4, and the baffle spacing specified in Step 5, is approximately 6.51 m3, which more than satisfies the minimum pool volume requirement.

If the minimum energy dissipation pool volume is not satisfied, select different baffle and notch sizes and repeat Steps 4 through 6.

Step 7. V erify that the velocity of flow through the notch does not exceed the burst swimming speed of the weakest swimming fish expected to be present. Using the high flow (0.246 m3/s) and the methodology presented in Section 4.6.1, the notch velocity is calculated to be 1.40 m/s (make sure to account for backwatering effects through the notch when applying the formulae presented in Section 46.1).

For the purposes of this example, assume that the weakest swimming fish present have a length of 0.25 m, and employ the subcarangiform swimming mode, the maximum permissible water velocity is approximately 2.1 m/s (Figure 4.1). This assumes that a swimming distance of 0.5 m is sufficient to “clear” each baffle. The notch velocity associated with the selected baffle and notch sizes, does thus appear to satisfy the maximum notch velocity guideline. If the maximum permissible notch velocity was exceeded, select different baffle and notch sizes and repeat Steps 4 through 7.

Step 8. Verify that the velocity of flow between the baffles does not exceed the sustained swimming speed of the weakest swimming fish expected to be present. Using the high flow (0.246 m3/s), the average velocity between the baffles is approximately 0.36 m/s.

The sustained swimming speed for fish with a length of 0.25 m, that employ the subcarangiform swimming mode, is approximately 0.55 m/s.

The between baffle velocity associated with the selected baffle size and spacing does not exceed the sustained swimming speed of the weakest swimming fish expected to be present. If the sustained swimming speed was exceeded, select different baffle and notch sizes and repeat Steps 4 through 8.

Step 9. Size the energy dissipation pool at the outlet of the culvert. Using the guidelines

presented in Section 4.8, the pool should be at least 4.5 m wide, at least 5.4 m

long, at least 1.0 m deep, should be lined with a geofabric or natural filter

medium, and should be lined with rip-rap sized to withstand the design flood flow

(9.657 m3/s).

Step 10. Verify that, even with the installation of baffles in the culvert barrel, the culvert

has a sufficient discharge capacity to pass the design flood flow.

APPENDIX G

Fisheries Act R.S., c. F-14, s. 1.

2. ‘fish’ includes (a) parts offish, (b) shellfish, crustaceans, marine animals and any parts of shellfish, crustaceans or marine animals, and(c) the eggs, sperm, spawn, larvae, spat and juvenile stages of fish, shellfish, cructaceans, and marine animals;

22. (1) .4t every obstruction. where the Minister determines it to be necessary. the owner or occupier thereof shall, when required by the Minister, provide a sufficient flow of water over the spill-way or crest, with connecting sluices into the aver below, to permit the safe and unimpeded descent of fish

22. (2) The owner or occupier of any obstruction shall make such provision as the Minister determines to be necessary for the free passage of both ascending and descending migratory fish during the period of construction thereof.

22. (3) The owner or occupier of any obstruction shall permit the escape into the river- bed below the obstrcution of such quanon of water, at all times. as will, in the opinion of the Minister, be sufficient for the safety of fish and for the flooding of the spawning grounds tooo such depth as will, in the opinion of the Minister, be necessary fo rthe safety of the ova deposited thereon.

32. No person shall destroy fish by any means other than fishing except as authorized by the Minister or under regulations made by tm Council under this Act.

34. “fish habitat” measn spawning grounds and nursery, rearing. food supply and migration areas on which fish depend directly or indirectlv m order to carr< out their life processes:

35. ( l ) No person shall cam on am work or undertaking that results m the harmful alteration. disruption. or destruction of fish hperson contravenes subsection ( I ) by causing the alteration. disruption. or destruction of fish habitat by am means or under aauthorized by the Minister or under regulations made by the Govenor in Council under this Act

37. (1) Where a person carries on or proposes to carry on any work or undertaking that results or is likely to result in the alteration.or destruction of fish habitat, or m the deposit of a deleterious substance in water frequented by fish or m any place under ansthat delerterious substance or any other deleterious substance that results from the deposit of that deleterious substance may ewaters. the person shall, on the request of the Minister or without request in the manner and circumstances prescribed by the reunder paragraph (3)(a), provide the Minister with such plans, specifications, studies, procedures, schedules. analyses. samples or ether information relating to the work or undertaking and with such analyses, samples, evaluations, studies or other information relating to the whabitat that is likely to be affected by the work or undemaking as will enable the Minister to determine (a) whether the work x undemakmg results or is likely to result in any alteration. disruption or destruction of fish habitat that constitutes an offence under subsection 40(1) and what measures, if any, would prevent that result or mitigate the effects thereof

DFO (1986) Policy for the :Management of Fish HabitatPursuant to the Fisheries Act, this policy applies to all projects activities, large and small, planned in or near the water with a potential to alter disrupt. or destroy fish habitats. The first goal of this policy is fish habitat conservation based on the grading principle of no net loss of the productive capacic of fish habitats, applies to those habitats directly or indirectly supporting those fish stocks or populacommercial, recreational, or First Nations fishing activities of benefit to Canadians.

Navigable Waters Protection Act

Section 5.(1) No work shall be built or placed in, on, over, under, through or across any navigable water unless. (a) the work and the site and the plans thereof have been approved by the Minister, on such terms and conditions as the Minister .term, !’lt, prior to commencement of construction; (b) the construction of the work is commenced within six months and completed within three years after the approvaparagraph (a) or within such further period as the Minister may fix; and (c) the work is built, placed and maintained in accorda

the regulations and the terms and conditions set out in the appnw ai referred to in paragraph (a).

Exceptions Section (2) Except to the case of a bridge, boom, dam, or causeway, this section does not apply to any work that, in the opinion of the Minister, does not interfere substantially with navigation.

Section 6.(4) The Minister may, subject to deposit and advertisement as in the case of a proposed work, approve a work and the plans and rate of the work after the commencement of its construction and the approval has the same effect as if given prior to commencement of the construction of the work.

Canadian Environmental Assessment Act

5.(I) An environmental assessment of a project is required before a federal authority exercises one of the following powers or performs one of the following duties or functions in respect of a project, namely, where a federal authority (d) under the provision prescribed pursuant to paragraph 59(f), issues a permit or license, grants an approval or takes any other action for the purpose of enabling the project to be carried out in whole or in part.

59. The Govenor in Council may make regulations. (f) prescribing the provisions of any Act of Parliment or any regulations made pursuant thereto that confer powers, duties or functions on federal authorities the exercise or performance of which requires an em, nonmental assessment under paragraph 5( I )(d);

Law List Regulations 2. The provisions of an Act set out in Part 1 of Shedule 1 and a regulation set out m Part II of that Schedule are prescribed for the purposes of paragraph 5(1)(d) of the Canadian Environmental Assessment Act

Provisions of Acts, and Regulations that confer powers, duties or functions on federal authorities

Item Provisions

6. Fisheries Act (a) subsection 22(1) (b) subsection 22(2) (c) subsection 22(3) (d) section 32 (e) subsection 35(2) (f) subsection 37(2)

l I. Navigable Waters Protection Act (a) paragraph 5(1)(a) (b) subsection 6(4) (c) section 16 (d) section 20

Documents

NE-8 Guidelines for the Protection of Fish and Fish Habitat · guidelines for the protection of fish and fish habitat the placement and design of large culverts fisheries and oceans