Overhead Line Construction

Overhead lines are constructed for electrical or telecommunication transmission across many watercourses that range in size from small streams and ponds to large rivers, lakes and reservoirs. This Operational Statement applies to selective removal of vegetation along the right-of-way to provide for installation and safe operation of overhead lines, and passage of equipment and materials across the water body.

Although fish habitat occurs throughout a water system, it is the riparian habitat that is most sensitive to overhead line construction. Riparian vegetation occurs adjacent to the watercourse and directly contributes to fish habitat by providing shade, cover, and spawning and food production areas. It is important to design and build your overhead line project to meet your needs while also protecting riparian areas. Potential impacts to fish and fish habitat include excessive loss of riparian vegetation, erosion and sedimentation resulting from bank disturbance and loss of plant root systems, rutting and compaction of stream substrate at crossing sites, and disruption of sensitive fish life stages.

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 overhead line project without a DFO review when you meet the following conditions:

• your planned work is not located in a critical area, as identified in a NWT Community Conservation Plan or other applicable land use plan,
• it does not require the construction or placement of any temporary or permanent structures (e.g. islands, poles, crib works, etc.) below the ordinary high water mark (HWM) (see definition below),
• this Operational Statement is posted at the work site and is readily available for reference by workers, and
• you incorporate the Measures to Protect Fish and Fish Habitat when Constructing Overhead Lines 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 local, municipal, territorial 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 Northwest Territories DFO office list).

We ask that you notify DFO, preferably 10 working days before starting your work by filling out and sending the Northwest Territories Operational Statement notification form (http://www.dfo-mpo.ca/regions/central/habitat/os-eo/provinces-territories-territoires/nt/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 Overhead Lines

1. Installing overhead lines under frozen conditions is preferable in all situations. On wet terrains (e.g., bogs), lines should be installed under frozen conditions, where possible, or using aerial methods (i.e., helicopter).
2. Design and construct approaches so that they are perpendicular to the watercourse wherever possible to minimize loss or disturbance to riparian vegetation.
3. Avoid building structures on meander bends, braided streams, alluvial fans, active floodplains or any other area that is inherently unstable and may result in erosion and scouring of the stream bed or overhead line structures.
   • 3.1. Wherever possible, locate all temporary or permanent structures, such as poles, sufficiently above the HWM to prevent erosion.
4. While this Operational Statement does not cover the clearing of riparian vegetation, the removal of select plants may be necessary to accommodate the overhead line. This removal should be kept to a minimum and within the road or utility right-of-way.
   
5. Machinery fording the watercourse to bring equipment required for construction to the opposite side is limited to a one-time event (over and back) and should occur only if an existing crossing at another location is not available or practical to use. A Temporary Stream Crossing Operational Statement is also available.
   • 5.1. 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.
   • 5.2. Grading of the stream banks for the approaches should not occur.
   • 5.3. 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.
   • 5.4. Time the one-time fording to prevent disruption to sensitive fish life stages by adhering to appropriate fisheries timing windows (see the Northwest Territories In-Water Construction Timing Windows).
   • 5.5. Fording should occur under low flow conditions and not when flows are elevated due to local rain events or seasonal flooding.
6. Operate machinery on land and in a manner that minimizes disturbance to the banks of the watercourse.
   • 6.1. Machinery is to arrive on site in a clean condition and is to be maintained free of fluid leaks.
   • 6.2. Wash, refuel and service machinery and store fuel and other materials for the machinery away from the water to prevent any deleterious substance from entering the water.
   • 6.3. Keep an emergency spill kit on site in case of fluid leaks or spills from machinery.
   • 6.4. Restore banks to original condition if any disturbance occurs.
7. 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.
   • 7.1. Avoid work during wet, rainy conditions or use alternative techniques such as aerial methods (ie., helicopter) to install overhead lines.
8. 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.
9. Vegetate any disturbed 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. If re-vegetation is not possible due to climatic extremes and/or lack of appropriate seed or stock, the site should be stabilized using effective sediment and erosion control measures. In areas with permafrost, care should be exercised to ensure these measures do not cause thawing or frost heave.
   • 9.1. Maintain effective sediment and erosion control measures until re-vegetation of disturbed areas is achieved or until such areas have been permanently stabilized by other effective sediment and erosion control measures, in the event that re-vegetation is not possible.

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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