Isolated Pond Construction

Isolated ponds are commonly constructed to capture and store runoff water from snow melt and heavy rainfall events for irrigation, livestock watering, golf courses or aesthetics purposes. This Operational Statement does not apply to aggregate extraction pits or quarries. Isolated ponds are completely separate from the watercourse and have little to no impact on fish or fish habitat. They do, however, present a risk of spreading aquatic invasive species and/or diseases if they are located within a floodplain and new species are introduced into them; and they can potentially alter groundwater flow and warm the groundwater temperature. Groundwater flow and temperature changes are of particular concern in relation to coldwater streams. This Operational Statement applies only to isolated ponds located at least 30 metres away from the main channel of the watercourse.

Although fish habitat occurs throughout a water system, it is the riparian habitat that is most sensitive to isolated pond construction. Riparian vegetation occurs adjacent to the water body and directly contributes to fish habitat by providing shade, cover and food production areas. It is important to design your isolated pond to meet your needs while also protecting riparian areas.

Fisheries and Oceans Canada (DFO) is responsible for protecting fish and fish habitat across Canada. Under the Fisheries Act no one may carry out a work or undertaking that will cause the harmful alteration, disruption or destruction (HADD) of fish habitat unless it has been authorized by DFO. By following the conditions and measures set out below you will be in compliance with subsection 35(1) of the Fisheries Act.

The purpose of this Operational Statement is to describe the conditions under which it is applicable to your project and the measures to incorporate into your project in order to avoid negative impacts to fish habitat. You may proceed with your isolated pond project without a DFO review when you meet the following conditions:

• there is no inlet and/or outlet channel connecting the isolated pond to the main channel of a watercourse,
• the pond is at least 30 metres away from the ordinary high water mark of a watercourse (see definition below),
• if located adjacent to a coldwater stream, the pond will not alter ordinary groundwater flow patterns (in either quantity or temperature), and
• you incorporate the Measures to Protect Fish and Fish Habitat when Constructing an Isolated Pond listed below in this Operational Statement.

If you cannot meet all of the conditions listed above and cannot incorporate all of the measures listed below then your project may result in a violation of subsection 35(1) of the Fisheries Act and you could be subject to enforcement action. In this case, you should contact the DFO office in your area if you wish to obtain DFO’s opinion on the possible options you should consider to avoid contravention of the Fisheries Act.

You are required to respect all municipal, provincial or federal legislation that applies to the work being carried out in relation to this Operational Statement. The activities undertaken in this Operational Statement must also comply with the Species at Risk Act (www.sararegistry.gc.ca). If you have questions regarding this Operational Statement, please contact the DFO office in your area (see Alberta DFO office list).

We ask that you notify DFO, preferably 14 days before starting your work by filling out and sending the Alberta Operational Statement notification form (http://www.dfo-mpo.ca/regions/central/habitat/os-eo/provinces-territories-territoires/ab/os-eo20-eng.htm) to the DFO office in your area. This information is requested in order to evaluate the effectiveness of the work carried out in relation to this Operational Statement.

Measures to Protect Fish and Fish Habitat when Constructing an Isolated Pond

1. You may proceed with isolated pond construction at any time of the year.
2. While this Operational Statement does not cover the clearing of riparian vegetation, the removal of select plants may be necessary to accommodate the pond. This removal should be kept to a minimum.
3. Isolate excavation work to contain sediment and prevent it from entering surrounding waters.
4. Machinery is to arrive on site in a clean condition and is to be maintained free of fluid leaks.
   • 4.1. Wash, refuel and service machinery and store fuel and other materials for the machinery away from the watercourse to prevent any deleterious substance from entering the water.
   • 4.2. Keep an emergency spill kit on site in case of fluid leaks or spills from machinery.
   • 4.3. Restore banks to original condition if any disturbance occurs.
5. Stabilize any waste materials removed from the work site to prevent them from entering the watercourse. This could include covering spoil piles with biodegradable mats or tarps or planting them with grass or shrubs.
6. Vegetate any disturbed riparian areas by planting and seeding preferably with native trees, shrubs or grasses and cover such areas with mulch to prevent erosion and to help seeds germinate. If there is insufficient time remaining in the growing season, the site should be stabilized (e.g., cover exposed areas with erosion control blankets to keep the soil in place and prevent erosion) and vegetated the following spring.
   • 6.1. Maintain effective sediment and erosion control measures until re-vegetation of disturbed areas is achieved.

Definition:

Ordinary high water mark – The usual or average level to which a body of water rises at its highest point and remains for sufficient time so as to change the characteristics of the land. In flowing waters (rivers, streams) this refers to the “active channel/
bank-full level” which is often the 1:2 year flood flow return level.
In inland lakes or wetlands, it refers to those parts of the water body bed and banks that are frequently flooded by water so as to leave a mark on the land and where the natural vegetation changes from predominately aquatic vegetation to terrestrial vegetation (excepting water tolerant species). For reservoirs this refers to normal high operating levels (Full Supply Level).

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DFO OFFICE LIST

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