Isolated or Dry Open-cut Stream Crossings

For the purpose of this Operational Statement, the term "Isolated Crossing" means a temporary stream crossing technique that allows work (e.g., trenched pipeline or cable installation) to be carried out "in-the-dry" while diverting the natural flow around the site during construction. These types of open trenched crossings are isolated using flume or dam and pump techniques (see Pipeline Associated Watercrossings, 2005 at www.capp.ca/library/publications/
industryOperations/pages/pubInfo.aspx?DocId=96717). The term "Dry Open-cut Stream Crossing" means a temporary stream crossing work (e.g., trenched pipeline or cable installation) that is carried out during a period when the entire stream width is seasonally dry or is frozen to the bottom.

The risks to fish and fish habitat associated with isolated open cut stream crossings include the potential for direct damage to substrates, release of excessive sediments, loss of riparian habitat, stranding of fish in dewatered areas, impingement/entrainment of fish at pump intakes, and disruption of essential fish movement patterns. Similarly, dry open-cut stream crossings pose a risk to fish and fish habitat due to potential harmful alteration of substrates, loss of riparian habitat, and release of excessive sediment once stream flows resume.

The order of preference for carrying out a cable or pipeline stream crossing, in order to protect fish and fish habitat, is: a) punch or bore crossing (see Punch & Bore Crossings Operational Statement); b) high-pressure directional drill crossing (see High-Pressure Directional Drilling Operational Statement); c) dry open-cut crossing; and d) isolated open-cut crossing. This order must be balanced with practical considerations at the site.

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 or dry open-cut stream crossing project without a DFO review when you meet the following conditions:

• for dry, open-cut crossings the watercourse is dry or frozen completely to the bottom at the site,
• for isolated crossings, the channel width of the watercourse at the crossing site is less than 5 meters from ordinary high water mark to ordinary high water mark (HWM) (see definition below),
• the isolated crossing does not involve the construction or use of an off-stream diversion channel, or the use of earthen dams,
• the isolated crossing ensures that all natural upstream flows are conveyed downstream during construction, with no change in quality or quantity,
• the site does not occur at a stream location involving known fish spawning habitat, particularly if it is dependent on groundwater upwelling,
• the use of explosives is not required to complete the crossing, and
• you incorporate the Measures to Protect Fish and Fish Habitat when Carrying Out an Isolated or Dry Open-cut Stream Crossing listed below.

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 and 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 (SARA) (www.sararegistry.gc.ca). If you have questions regarding this Operational Statement, please contact the DFO office in your area (see Manitoba DFO office list).

We ask that you notify DFO, preferably 10 working days before starting your work, by filling out and sending the Manitoba Operational Statement notification form (http://www.dfo-mpo.gc.ca/regions/central/habitat/os-eo/provinces-territories-territoires/mb/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 Carrying Out an Isolated or Dry Open-Cut Stream Crossing

1. Use existing trails, roads or cut lines wherever possible as access routes to avoid disturbance to the riparian vegetation.
2. Locate crossings at straight sections of the stream, perpendicular to the banks, whenever possible. Avoid crossing on meander bends, braided streams, alluvial fans, active floodplains or any other area that is inherently unstable and may result in the erosion and scouring of the stream bed.
3. Complete the crossing in a manner that minimizes the duration of instream work.
4. Construction should be avoided during unusually wet, rainy or winter thaw conditions.
5. While this Operational Statement does not cover the clearing of riparian vegetation, the removal of select plants may be necessary to access the construction site. This removal should be kept to a minimum and within the utility right-of-way.
6. Machinery fording a flowing watercourse to bring equipment required for construction to the opposite side is limited to a one-time event (over and back) and is to occur only if an existing crossing at another location is not available or practical to use. Operational Statements are also available for Ice Bridges and Snow Fills, Clear-Span Bridges, and Temporary Stream Crossing.
   • 6.1. If minor rutting is likely to occur, stream bank and bed protection methods (e.g., swamp mats, pads) should be used provided they do not constrict flows or block fish passage.
   • 6.2. Grading of the stream banks for the approaches should not occur.
   • 6.3. If the stream bed and banks are steep and highly erodible (e.g., dominated by organic materials and silts) and erosion and degradation is likely to occur as a result of equipment fording, then a temporary crossing structure or other practice should be used to protect these areas.
   • 6.4. Time the one-time fording to prevent disruption to sensitive fish life stages by adhering to appropriate fisheries timing windows (see the Manitoba In-Water Construction Timing Windows).
   • 6.5. Fording should occur under low flow conditions and not when flows are elevated due to local rain events or seasonal flooding.
7. Operate machinery in a manner that minimizes disturbance to the watercourse bed and banks.
   • 7.1. Protect entrances at machinery access points (e.g., using swamp mats) and establish single site entry and exit.
   • 7.2. Machinery is to arrive on site in a clean condition and is to be maintained free of fluid leaks.
   • 7.3. Wash, refuel and service machinery and store fuel and other materials for the machinery away from the water to prevent deleterious substances from entering the water.
   • 7.4. Keep an emergency spill kit on site in case of fluid leaks or spills from machinery.
8. Install effective sediment and erosion control measures before starting work to prevent entry of sediment into the watercourse. Inspect them regularly during the course of construction and make all necessary repairs if any damage occurs.
9. Stabilize any waste materials removed from the work site, above the HWM, 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.
10. Vegetate any disturbed areas by planting and seeding preferably with native trees, shrubs or grasses and cover such areas with mulch to prevent soil 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.
    • 10.1. Maintain effective sediment and erosion control measures until re-vegetation of disturbed areas is achieved.
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    Measures to Protect Fish and Fish Habitat when Carrying Out an Isolated Crossing

    Temporary isolation is used to allow work "in-the-dry" while maintaining the natural downstream flow by installing dams up and downstream of the site and conveying all of the natural upstream flow into a flume, or pumping it around the isolated area. In addition to measures 1 to 10, the following measures should be carried out when conducting an isolated stream crossing:

11. Time isolated crossings to protect sensitive fish life stages by adhering to fisheries timing windows (see Measure 6.4).
12. Use dams made of non-earthen material, such as waterinflated portable dams, pea gravel bags, concrete blocks, steel or wood wall, clean rock, sheet pile or other appropriate designs, to separate the dewatered work site from flowing water.
    • 12.1. If granular material is used to build dams, use clean or washed material that is adequately sized (i.e., moderately sized rock and not sand or gravel) to withstand anticipated flows during the construction. If necessary, line the outside face of dams with heavy poly-plastic to make them impermeable to water. Material to build these dams should not be taken from below the HWM of any water body.
    • 12.2. Design dams to accommodate any expected high flows of the watercourse during the construction period.
13. Before dewatering, rescue any fish from within the isolated area and return them safely immediately downstream of the worksite.
    • 13.1. You will require a permit from DFO to relocate any aquatic species that are listed as either endangered or threatened under SARA. Please contact the DFO office in your area to determine if an aquatic species at risk is in the vicinity of your project and, if appropriate, use the DFO website at www.dfo-mpo.gc.ca/species-especes/act-loi/act-loi-eng.htm to apply for a permit.
14. Pump sediment laden dewatering discharge into a vegetated area or settling basin, and prevent sediment and other deleterious substances from entering any water body.
15. Remove accumulated sediment and excess spoil from the isolated area before removing dams.
16. Stabilize the streambed and restore the original channel shape, bottom gradient and substrate to pre-construction condition before removing dams.
17. Ensure banks are stabilized, restored to original shape, adequately protected from erosion and re-vegetated, preferably with native species.
18. If rock is used to stabilize banks, it should be clean, free of fine materials, and of sufficient size to resist displacement during peak flood events. The rock should be placed at the original stream bank grade to ensure there is no infilling or narrowing of the watercourse.
19. Gradually remove the downstream dam first, to equalize water levels inside and outside of the isolated area and to allow suspended sediments to settle.
20. During the final removal of dams, restore the original channel shape, bottom gradient and substrate at these locations.
21. Pumped Diversions
    Pumped diversions are used to divert water around the isolated area to maintain natural downstream flows and prevent upstream ponding.
    • 21.1. Ensure intakes are operated in a manner that prevents streambed disturbance and fish mortality. Guidelines to determine the appropriate mesh size for intake screens may be obtained from DFO (e.g., Freshwater Intake End-of-Pipe Fish Screen Guideline (1995), available at www.dfo-mpo.gc.ca/ Library/223669.pdf (PDF Version, 2.93 Mb)).
    • 21.2. Ensure the pumping system is sized to accommodate any expected high flows of the watercourse during the construction period. Pumps should be monitored at all times, and back-up pumps should be readily available on-site in case of pump failure.
    • 21.3. Protect pump discharge area(s) to prevent erosion and the release of suspended sediments downstream, and remove this material when the works have been completed.
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    Measures to Protect Fish and Fish Habitat when Carrying Out a Dry Open-Cut Stream Crossing

    In addition to measures 1 to 10, the following measures should be carried out when conducting a dry open-cut stream crossing:

22. Stabilize the streambed and restore the original channel shape, bottom gradient and substrate to pre-construction condition.
23. Ensure banks are stabilized, restored to original shape, adequately protected from erosion and re-vegetated, preferably with native species.

Definition:

Ordinary high water mark (HWM) – 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, wetlands or marine environments 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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