MTO Best Management Practices for Species at During...MTO Best Management Practices for Species at...

ONTARIO MINISTRY OF TRANSPORTATION - ENVIRONMENTAL POLICY OFFICE

MTO Best Management Practices for Species at Risk Protection During Maintenance Activities

Document type: Best Management Practices Manual

Prepared for: Maintenance Service Providers

Issued by: Ministry of Transportation, Policy and Planning Division, Transportation Planning

Branch - Environmental Policy Office

Version: January 2017

MTO Best Management Practices for Species at Risk Protection - Maintenance Activities

TABLE OF CONTENTS

INTRODUCTION ............................................................................................................. 3

PLANNING FOR WORK ................................................................................................. 7

STANDARD BMP FOR SCREENING THE WORK AREA FOR SPECIES AT RISK AND HABITAT ......................................................................................................................... 8

ALL MAINTENANCE ACTIVITIES ............................................................................... 14

STANDARD BMP FOR ALL MAINTENANCE ACTIVITIES ......................................... 15

BMPS FOR SPECIFIC MAINTENANCE ACTIVITIES ................................................... 23

BEAVER DAM REMOVAL ............................................................................................ 24

BRIDGE MAINTENANCE ............................................................................................. 27

DITCHING AND DITCH CLEAN OUT ........................................................................... 31

DUST SUPPRESSION .................................................................................................. 35

EROSION CONTROL AND WASHOUT REPAIR ......................................................... 38

FACILITIES MAINTENANCE ........................................................................................ 41

GENERAL DRAINAGE MAINTENANCE ...................................................................... 43

MAINTENANCE OF FENCES, SIGNS, GUIDE RAILS, PAVEMENT, AND OTHER HIGHWAY INFRASTRUCTURE ................................................................................... 48

NON-STRUCTURAL CULVERT REPLACEMENTS ..................................................... 51

SALT AND SAND STORAGE FACILITY LOADING...................................................... 55

SHOULDERING AND GRADING .................................................................................. 59

VEGETATION MANAGEMENT .................................................................................... 62

GLOSSARY .................................................................................................................. 66


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INTRODUCTION TO MTO BEST MANAGEMENT PRACTICES FOR SPECIES AT RISK PROTECTION DURING MAINTENANCE ACTIVITIES

PURPOSE OF MANUAL

This MTO best management practice (BMP) manual provides guidance for MTO

Service Providers to help ensure impacts to species at risk and habitat are avoided or

minimized during routine highway maintenance activities.

Following this BMP process will help ensure registration conditions are satisfied for

activities registered under the Endangered Species Act, 2007 (section 23.18 - Threats

to Health and Safety, not imminent of Ontario Regulation 242/08). It is the responsibility

of the Service Provider to ensure all other applicable legislation, regulation, and

protection requirements are satisfied when conducting work.

BMP FRAMEWORK/PROCESS

This manual includes two (2) standard BMPs that apply to all maintenance activities and

12 BMPs that are specific to maintenance operations.

How to use the BMPs:

First, it should be determined whether species at risk and/or habitat exist in the work

area before work begins and preferably during planning for upcoming work. Methods for

determining this are included in the ‘Standard BMP for Screening the Work Area for

Species at Risk and Habitat’. The results from screening the work area will determine

which species may be encountered during maintenance operations.

Next, when conducting work, the BMPs that apply to all maintenance operations should

be well understood and applied where applicable. This information is provided in

‘Standard BMP for All Maintenance Activities’.

Then, activity specific BMPs should be applied. Each activity BMP provides a list of the

types of species that are likely to be impacted by the activity, how they may be

impacted, and measures that, if implemented, can avoid or minimize the potential for

impact.

In summary:

1. When planning work for the upcoming maintenance season, the following BMP

should be considered by the Service Provider to determine whether species at risk

and/or habitat are present in the work areas:

‘Standard BMP for Screening the Work Area for Species at Risk and Habitat’


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This BMP applies to all activities and provides methods for determining if species at risk

and/or habitat are present in the work area.

The following questions should be answered:

Are species at risk and/or habitat present in the work area?

What species and/or habitat are present?

Are any of the species that are present in the work area identified in subsection

23.18 (8) of Ontario Regulation 242/08 (i.e. ineligible species)?

The presence or absence of species at risk will determine whether the activity-specific

BMP should be applied. If a process for screening the work area is not followed, it

should be assumed that species at risk are present everywhere, and that work

modifications are required in the entire area.

2. When conducting work, two (2) or three (3) BMPs should always be considered:

‘Standard BMP for All Maintenance Activities’

This BMP applies to all activities and provides best practices for all registered

maintenance activities.

It is organized into seven (7) categories that should be applied to all activities including:

administration, awareness and training, qualified person(s), timing of work, general

protection measures, encounters with species at risk, and BMP recording and reporting.

AND

Activity-Specific BMP

There is a BMP for each registered maintenance activity that provides the best practices

specific to that operation.

Each BMP includes a description of the work the BMP applies to, species at risk likely to

be impacted and potential impacts from the operation.

The following question should be answered:

Are the species that are present in the work area likely to be impacted by the

activity?

If the species are likely to be impacted by the activity, implement the

activity-specific BMP and the ‘Standard BMP for All Maintenance

Activities’;


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OR

If the species are not likely to be impacted by the activity, implement the

applicable sections of the ‘Standard BMP for All Maintenance Activities’.

AND WHERE APPLICABLE

MTO Best Management Practices Manual for Fisheries

The MTO Best Management Practices Manual for Fisheries provides the mandatory

procedures for undertaking routine activities in a manner that avoids impacts to fish and

mussels and their habitat.

BACKGROUND INFORMATION – THE ENDANGERED SPECIES ACT, 2007

The information below is an interpretation of the Endangered Species Act, 2007 (ESA)

for convenience purposes only. It is the responsibility of the Service Provider to ensure

all applicable legislation, regulation, and protection requirements are satisfied when

conducting work. Refer to Ontario E-Laws- Endangered Species Act, 2007 to access

the full text of the act and the applicable regulations.

Administered and enforced by the Ontario Ministry of Natural Resources and Forestry

(MNRF), the ESA was passed in 2007 to provide protection to species at risk and their

habitat with the intention of promoting species protection and recovery.

The ESA prohibits:

The killing, harming, harassing, capture, or taking of a species listed as

endangered, threatened, or extirpated on the Species at Risk in Ontario List

(SARO List) (clause 9(1)(a)), and,

The damage or destruction of the habitat of a species on the SARO List that is

endangered or threatened, or is extirpated and prescribed by the regulations

(subsection 10 (1)).

Ontario Regulation 230/08 (O. Reg. 230/08) under the ESA: O. Reg. 230/08, also

known as the SARO List, provides the list of species in Ontario that receive protection

under the ESA. This list can be updated one or more times per year. It is the

responsibility of the Service Provider to be aware of any changes which may result in

the need to rescreen planned activities, update registration information, etc. Refer to

Ontario E-Laws – O. Reg. 230/08: Species at Risk in Ontario List to access the full text

of the regulation.

http://www.raqsa.mto.gov.on.ca/techpubs/eps.nsf/0/B525316C99611B5E85257E7A006ACE4E?opendocument

https://www.ontario.ca/laws/statute/07e06

https://www.ontario.ca/laws/regulation/080230


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Ontario Regulation 242/08 (O. Reg. 242/08) under the ESA: O. Reg. 242/08 provides

exemption clauses from section 9 (1) (a) and subsection 10 (1) ESA prohibitions for

eligible activities provided certain conditions are satisfied. Refer to Ontario E-Laws – O.

Reg. 242/08: General to access the full text of the regulation.

O. Reg. 242/08 section 8 Protection of Health or Safety [Imminent Threats to

Health and Safety]: The prohibitions of the ESA do not apply to a person carrying out

activities to protect a human being or an animal if there is an imminent risk to the health

or safety of the human being or animal. This applies to unplanned, emergency

situations such as a road washout where there is an immediate threat to the safety of

road users.

O. Reg. 242/08 section 23.18 Threats to Health and Safety, Not Imminent: This

section applies to activities necessary to avoid or reduce a threat to human health or

safety in situations where the threat is not imminent but is likely to have serious

consequences in the short or long-term if the activity is not carried out. The majority of

MTO’s routine highway maintenance activities are reviewed for eligibility in this section.

Eligible activities include the maintenance, repair, removal, replacement, or upgrade of

a structure or infrastructure that is part of a road system if the work does not result in a

temporary or permanent change of location, the area occupied, and use or operation.

Specific conditions are set out in the regulation that must be satisfied for the purposes

of this registration.

It is the responsibility of the Service Provider to ensure activity registrations satisfy the

registration conditions and current records are retained.




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PLANNING FOR WORK

A prairie restoration site next to the Rt. Hon. Herb Gray Parkway where Dense Blazing Star, a species at risk plant, has been planted. Photo taken by Jaclyn Charlton, Windsor Border Initiatives Implementation Group, MTO

When planning work for the upcoming maintenance season, the Service Provider

should determine whether species at risk and/or habitat are present in the work area.

Methods for determining this are provided in the ‘Standard BMP for Screening the Work

Area for Species at Risk and Habitat’ which follows. If the work area is not screened, it

should be assumed that species at risk are present within the entire work area.


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STANDARD BMP FOR SCREENING THE WORK AREA FOR SPECIES

AT RISK AND HABITAT

This standard BMP provides guidance for screening the work area for species at risk

and habitat. The presence or absence of species at risk and/or habitat at the work site

will determine whether an activity-specific BMP applies.

BEST MANAGEMENT PRACTICES

Step 1: Determine if Species at Risk and/or Habitat Are Present in the Work Area

Prior to the activity taking place, information for the work area should be reviewed to

determine if any species at risk and/or habitat are present and potentially impacted by

the activity.

This exercise should take place at least once per year by the Service Provider,

preferably during planning, and should be performed by a qualified person with

thorough knowledge of the Endangered Species Act, 2007 (ESA) and species

screening methods.

At a minimum, a desktop survey of species at risk information should be conducted

using:

1. MNRF Species at Risk by Area mapping tool to search for species at risk by

municipality or postal code, or by a region in Ontario.

The species at risk that occur in the area will populate with a link to species-

specific information including what it looks like, where it lives, and where it can be

found.

Note: the Species at Risk by Area mapping tool is not comprehensive and the

absence of a search result does not guarantee the absence of species at risk in

the work area.

https://www.ontario.ca/environment-and-energy/species-risk-area


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Figure 1: Example of MNRF ‘Species at Risk by Area’ mapping tool

2. MNRF Make a Map: Natural Heritage Areas application to review Natural Heritage

Information Centre (NHIC) data.

Selecting a 1 km square using the ‘point’ tool under the ‘Find Information’ tab will

display any reported and publically available records of species and natural

areas.

Note: NHIC records are not comprehensive and the absence of a NHIC record

does not guarantee the absence of species at risk in the work area.

http://www.gisapplication.lrc.gov.on.ca/mamnh/Index.html?site=MNR_NHLUPS_NaturalHeritage&viewer=NaturalHeritage&locale=en-US

https://www.ontario.ca/environment-and-energy/species-risk-area


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Figure 2: Results of ‘Make a Map: Natural Heritage Areas’ search results

3. Ontario Nature Reptile and Amphibian Atlas, Atlas of the Breeding Birds of Ontario,

and Department of Fisheries and Oceans Aquatic Species at Risk Mapping are

additional map applications that may be consulted as applicable.

4. Existing species at risk information for the work area from previous activities (such

as a construction project) by request from MTO.

5. Information obtained from the local MNRF District office.

Step 2: Determine if the Activity-Specific BMP Should be Implemented

After the work area has been screened for the presence of species at risk and/or

habitat, determine whether the BMP specific to the activity should be implemented.

If a record of species at risk and/or habitat is not found within the work area, the activity-

specific BMP is not required to be implemented. However, species at risk may still be

present and the ‘Standard BMP for All Maintenance Activities’ should be applied.

If a record of species at risk and/or habitat is found within the work area, refer to the

activity-specific BMP to determine if the species are impacted by the activity. Each

activity-specific BMP includes information on which species groups may be impacted by

the operations and how they may be impacted.

http://www.ontarionature.org/protect/species/herpetofaunal_atlas.php

http://www.birdsontario.org/atlas/index.jsp

http://www.dfo-mpo.gc.ca/Library/356763.pdf

https://www.ontario.ca/page/ministry-natural-resources-and-forestry-regional-and-district-offices


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Figure 3: Example of where to find species information, ‘BMP: Facilities Maintenance’

If the species at risk present are likely to be impacted by the activity:

Implement the activity-specific BMP AND the ‘Standard BMP for All Maintenance

Activities’. If a record for mosses, lichens, or vascular plants is found through the

NHIC database and they are likely to be impacted by the activity, contact the

local MNRF District office to determine if there are any additional required

protection measures.

The BMPs should be implemented:

Within 3 km of any occurrence record; and,

Within 150 m of any waterbody (e.g. wetland, watercourse, ponds, and

lakes) adjacent to or within the Right-of-Way. This includes watercourses

identified by the Department of Fisheries and Oceans Aquatic Species at

Risk Mapping.

The distance for protection of certain species may vary over a geographic

region and/or from year-to-year based on climate and other environmental

factors. For some species, it may be appropriate to apply BMPs at a

distance less than or greater than 3 km or 150 m of an occurrence record.




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A qualified person may make the determination if this applies to the region

or activity.

If the species at risk present are not likely to be impacted by the activity, the activity-

specific BMP is not required. The Service Provider should proceed by:

Implementing the applicable sections of the ‘Standard BMP for All Maintenance

Activities’.

Exercising care and caution by becoming aware of the measures included in the

activity-specific BMP should the likelihood of impacts to species present in the

work area increase.


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DOCUMENTATION

For the purpose of demonstrating compliance with registration conditions through use of

this BMP, the following should be documented:

All locations where the BMP was applied;

Name of the person(s), and their qualifications, who determined species at risk

occurrence in work areas;

Date of the last update to the screening list for species at risk in work areas.

All staff trained on the BMP, including dates and names.

Any additional resources consulted, including communications.

Date and result of any communications with MNRF.

This record is to be provided to MTO upon request, and should be completed, signed,

and dated by the Service Provider within five days of work completion.

The MNRF may request documentation that demonstrates compliance, and if

requested, the Service Provider must provide documentation within 14 days.


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ALL MAINTENANCE ACTIVITIES

QEW Toronto bound from Ridgemount Road, taken by Nicholas Chevalier, Contract

Management and Operations Branch, MTO

When conducting work, the BMPs that apply to all maintenance activities should be well

understood and applied where applicable.

This information is provided in the ‘Standard BMP for All Maintenance Activities’ which

follows.


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STANDARD BMP FOR ALL MAINTENANCE ACTIVITIES

1 SCOPE

This standard BMP applies to all registered routine maintenance activities described in

this manual, and provides the best practices that should be considered when

conducting work.

It is organized into seven (7) categories that should be applied to the work including:

administration, awareness and training, qualified person(s), timing of work, general

protection measures, encounters with species at risk, and BMP recording and reporting.

2 ADDITIONAL REFERENCES

MNRF Rare Species Reporting Form

MNRF Species at Risk Handling Manual

OPSS 182 General Specification for Environmental Protection for Construction in and

Around Waterbodies and on Waterbody Banks

3 MAINTENANCE PROCEDURES

Likely Impacted Species at Risk Groups

This BMP applies to all species at risk listed on the Species at Risk in Ontario List, with

the exception of those species that are excluded from registration as identified in

subsection 23.18 (8). Work that may impact excluded species requires an alternate form

of authorization, for example a permit.

Operational Constraints and Protection Measures

Administration

Ensure the activity registration reflects the most current species at risk records

(i.e. activity is registered for all species at risk that are present within the work

area).

Retain on site a copy of the Confirmation of Registration record and any other

required documentation under O. Reg. 242/08 s. 23.18.

https://www.ontario.ca/page/report-rare-species-animals-and-plants

http://files.ontario.ca/environment-and-energy/species-at-risk/mnr_sar_tx_sar_hnd_mnl_en.pdf

http://www.raqsa.mto.gov.on.ca/techpubs/OPS.nsf/0/803C83588329B6398525808200629094?OpenDocument




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Awareness and Training

Staff should be provided with species at risk information and/or awareness

training so they are familiar with the species at risk procedures for the work,

including reporting requirements.

All staff performing maintenance activities should also receive information and/or

awareness training on:

Obligations under the ESA;

Information about the specific species that are present in the work area;

How to identify the species (e.g. species fact sheets);

Species at risk encounters procedure;

Habitat characteristics for the species/where species are likely to be

found;

Potential threats and impacts to the species;

Measures to avoid or minimize impacts to the species during the work.

A record of all persons provided information and awareness training should be

kept.

Qualified Person(s)

A qualified person should be retained for or consulted with regarding assessment and

management of the activity in accordance with the requirements of the ESA.

The qualified person is someone who can demonstrate suitable education,

experience, or knowledge relevant to the subject matter, and can provide advice

related to activity planning and implementation.

The qualified person should assist with assessment and management of the

activity including:

assessing legislative compliance with the ESA and registration conditions;

accessing and interpreting species at risk information including records;

assisting with work planning in accordance with timing of work windows;

adjusting timing of work;

verifying species identified in the field;

providing advice related to reasonable measures to avoid or minimize

impact;


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directing work modifications or halting activities if deemed necessary to

protect species at risk and/or habitat;

species handling where appropriate (including advice contained in the

MNRF species at risk handling manual).

Timing of Work

Work should be scheduled during the timing of work window provided in each

activity-specific BMP. This will avoid work taking place during sensitive life stages

for the species (e.g. hibernation, reproduction, rearing).

If work can be scheduled during the timing of work window, impacts to

species are avoided and the activity may begin.

If work cannot be scheduled during the timing of work window, work may

proceed if work modifications are applied. These modifications are

included in each activity-specific BMP.

The timing of sensitive life stages for certain species may vary over a geographic

region and/or from year-to-year based on climate and other environmental

factors. Therefore it may be appropriate to adjust the timing of work window. A

qualified person may make the determination if this applies to the region, and

may provide an alternative timing of work window.

General Protection Measures

The Service Provider should make every effort to protect species by first avoiding

impact to the species, and then if avoiding impact is not possible, mitigating

impact.

The Service Provider should look for opportunities to continuously improve the

protection measures implemented, and the approach used to deal with species at

risk encounters. See MNRF Species at Risk Guides and Resources for

information sources.

All on site staff are to undertake all activities with care, caution, and awareness to

avoid killing, harming, or harassing species at risk, and damaging or destroying

habitat.

If a series of activities will be undertaken and it is not possible to work within the

timing of work window for all stages, schedule work in a manner that provides the

greatest protection (e.g. schedule most disruptive activities to occur during the

timing of work window if possible).

https://www.ontario.ca/environment-and-energy/species-risk-guides-and-resources


18

Exercise extreme caution when working during a time of a sensitive life stage for

the species (i.e. species are likely to be carrying out a life process related to

hibernation, reproduction, and rearing).

Limit the area of disturbance by undertaking the activity only at specific sites

where work is required to meet operational requirements, and restrict personnel

and machinery access to the work area.

If practical, implement measures, such as temporary barriers, to exclude

members of the species from the work area and ensure measures will not pose a

risk of harm to the species (e.g. entanglement of snakes in geotextile fencing

with nylon mesh lining is possible).

Ensure any exclusion or protection measures are implemented prior to

sensitive times for species and inspect measures routinely.

Immediately prior to commencing work:

Visually survey the active area for species at risk, and

Inspect all machinery left at the work site overnight for species at risk that

may have entered enclosed spaces and crevices before operating

machinery.

Operate vehicles and machinery at the work area at speeds that species at risk

can be identified and vehicles and machinery can be stopped safely to avoid the

species.

Where possible, modify the type of machinery used to minimize disturbance (e.g.

using hand tools or lighter machinery wherever possible).

Encounters with Species at Risk

For species at risk that are identified in the project registration, follow the applicable

procedure for the type of species encounter (below).

If a species is encountered but was not originally thought to be within the work area or

was determined to be greater than 3 km away from the activity, or that was recently

added to or up-listed on the SARO List, ensure appropriate authorization has been

obtained under the ESA (e.g. if eligible, add the species to the project registration).


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For all encounters:

Immediately cease the activity within the work area of the encounter;

Immediately notify MTO;

Do not approach or handle the species (i.e. do not harm or harass the species);

Identify the individual species and determine species status;

Document all species at risk encounters, and report the encounter to the MNRF

using the Rare Species Reporting Form no later than three (3) months from the

time of the encounter.

Mobile species,

Provide 24 hours for species to leave the area before continuing the activity.

If the species does not leave the site within 24 hours and work must proceed in

the area of the encounter, take measures to relocate the species to a nearby

suitable location.

Only appropriately trained persons should handle or relocate species.

Injured species,

Take measures to ensure the species is protected from further harm (e.g. provide

operator/worker awareness to avoid the location of the encounter).

Contact the qualified person to determine and implement required actions (e.g. if

feasible, the capture and relocation of an injured species to an appropriate care

facility by the qualified person).

Do not perform any work in the immediate location of the encounter until the

species is removed from further harm.

Nest of a species,

Contact a qualified person to determine whether the nest is active or inactive.

Notify MTO of the nest status.

If active, mark an area at the location of the encounter around the nest in a way

that will protect the species from harm and will not identify the species to

predators or poachers.

Refer to the SARO List web page to determine if a General Habitat Description is

available for the species encountered, and if available implement the buffer zone

indicated.

If no MNRF guidance on a buffer zone is available, contact a qualified person to

determine a protective buffer zone.

https://www.ontario.ca/page/report-rare-species-animals-and-plants

https://www.ontario.ca/environment-and-energy/species-risk-ontario-list


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Do not perform any work within the buffer zone.

Monitor the species to ensure it is not stressed or disturbed. Do not disturb its

habitat. If the species appears stressed or disturbed, cease operations

immediately and contact a qualified person for direction.

If a protected underground nest has been exposed, if appropriate, ensure it is

covered with the same material and to the same depth.

If it is necessary to remove a nest to proceed with work, contact a qualified

person to determine options for removal in accordance with the legislation and

regulation (including the Migratory Birds Convention Act) and to determine

consultation requirements with regulatory agencies.

Notify MTO of any plans to remove a nest.

Species giving live birth, with eggs, or young,

Mark an area at the location of the encounter in a way that will protect the

species from harm and will not identify the species to predators or poachers.


available for the species encountered and if so, implement the buffer zone

indicated.



Do not perform any work within the protective buffer zone.

Monitor the species to ensure it is not stressed or disturbed. Do not disturb its

habitat. If the species appears stressed or disturbed, cease operations

immediately and contact a qualified person for direction.

Hibernating species,

Contact a qualified person to determine how work may proceed. If the species

must be relocated, follow a relocation plan prepared in accordance with the Act

or obtain an ESA permit to proceed.

Mosses, lichens, or vascular plant species,

Mark an area at the location of the encounter in a way that will protect the

species from harm and will not identify the species to predators or poachers.


available for the species, and if so, implement the buffer zone indicated.




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Do not perform any work within the protective buffer zone.

When operations resume, continue the activity without impairing the species’

ability to carry out its life processes including reproduction, e.g. seed dispersal.

If it is necessary to kill or harm the species for the purpose of undertaking the

activity, contact the qualified person for guidance on relocating the species.

For all encounters, the following information should be recorded and made available to

MTO upon request:

The name and qualifications of the qualified person(s) that assisted with species

at risk encounters;

Date and time the qualified person was contacted;

All resources consulted, including communications records;

All locations and dates where species at risk were encountered;

The names of species encountered;

Photographs of the species, if taken;

Measures implemented to avoid or minimize harm to the species;

Date report of the encounter was submitted to the Natural Heritage Information

Centre (must be submitted within 3 months of the encounter).

BMP Recording and Reporting

To document that the BMP process has been followed for the purpose of demonstrating

compliance with registration conditions, record and make available the following

information:

A description of the work, including safety objectives. Include a copy of an

engineer’s report if applicable;

The locations and dates the activity was undertaken;

A list of species at risk potentially impacted in the work area;

All measures implemented to avoid or minimize harm; including,

Specific locations the BMP process was implemented;

Start and completion dates of the activity at each location;

Locations where work was scheduled during the timing of work window

(see ‘timing of work window’ table in the activity-specific BMP);


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Rationale for all locations where work could not be scheduled during the

timing of work window (e.g. the risk to human health or safety that

required work to occur at a certain time).

All training that staff received on the BMPs, the ESA, and species at risk.

The Service Provider should also consider providing the MTO with lessons learned and

any recommendations to improve species protection in accordance with operational

requirements.

Within five (5) days of work completion, documentation should be completed, signed,

and dated by the Service Provider.

Ensure this information is kept current and made available upon request of MTO and

MNRF within 14 days.

4 REFERENCES

Ontario Ministry of Transportation Publications

MTO Best Management Practices Manual for Fisheries

MTO Environmental Protection Requirements for Transportation Planning and Highway

Design, Construction, Operation, and Maintenance

Canadian and Provincial Statutes

Endangered Species Act, O.R., 2007, c.6

*Fisheries Act, R.S.C., 1985, c. F-14

*Migratory Birds Convention Act, S.C. 1994, c.22

*Species at Risk Act, S.C. 2002, c.29

Ontario Regulation 242/08: General

Ontario Regulation 230/08: Species at Risk in Ontario List

*The objective of this BMP Manual is to provide guidance to satisfy conditions of

activities registered under Ontario Regulation 242/08, section 23.18 – Threats to Health

and Safety, not imminent of the Endangered Species Act, 2007. Federal legislation may

also apply to the work. It is the responsibility of the Service Provider to ensure all other

applicable legislation, regulation, and protection requirements are satisfied when

conducting work.

http://www.raqsa.mto.gov.on.ca/techpubs/eps.nsf/0/B525316C99611B5E85257E7A006ACE4E?opendocument

http://www.raqsa.mto.gov.on.ca/techpubs/eps.nsf/0/53C492C283098598852572B300578E1F?OpenDocument

http://www.raqsa.mto.gov.on.ca/techpubs/eps.nsf/0/53C492C283098598852572B300578E1F?OpenDocument

https://www.ontario.ca/laws/statute/07e06

http://laws-lois.justice.gc.ca/eng/acts/F-14/

http://laws-lois.justice.gc.ca/eng/acts/M-7.01/

http://laws-lois.justice.gc.ca/eng/acts/S-15.3/page-1.html




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BMPS FOR SPECIFIC MAINTENANCE ACTIVITIES

Highway 11 North in North Bay, taken by Rick Moore, MTO

The activity-specific BMP that applies to the maintenance work should be referred to

and implemented when results from screening the work area have determined species

at risk and/or habitat are present in the work area and are likely to be impacted by the

activity.

This information is provided in the respective BMPs that follow.


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BEAVER DAM REMOVAL

To avoid or minimize impacts to species at risk and their habitat during beaver dam

removal using this BMP process, there are four (4) BMPs to consider:

Standard BMP for Screening the Work Area for Species at Risk and Habitat; and

Standard BMP For All Maintenance Activities; and

Activity BMP: Beaver Dam Removal (below); and

MTO Best Management Practices Manual for Fisheries: Beaver Dam Removal.

1 SCOPE

This BMP applies to beaver dam removal activities within work areas that contain

provincial species at risk.

Beaver dam removal may include the following activities:

Removal of beaver dams within the right-of-way; and

Removal of beaver dams that are outside the right-of-way and pose a threat of

flooding the right-of-way.





It is important to exercise caution when proceeding with work in areas that may contain

species at risk to avoid or minimize impacts to species.


Fish* and Mussels*; Mosses, Lichens, and Vascular Plants; and Turtles

*Refer to the MTO Best Management Practices Manual for Fisheries for mandatory

requirements for undertaking work that may impact these species or their habitat.

Fish and mussels can be found undertaking life processes where water exists

and conditions are favourable for the individual species (e.g. shallow roadside

ditches to larger flowing bodies of water). Fish and mussels may be impacted by

activities which alter drainage and water movement as well as by activities that

increase sediment movement into their habitat.

http://www.raqsa.mto.gov.on.ca/techpubs/eps.nsf/0/b525316c99611b5e85257e7a006ace4e/$FILE/MTO%20BMP_Manual_2016_ACC%20Final.pdf





25

Road mortality is one of the most serious threats facing turtles in Ontario. Turtles

can be found nesting and hibernating in and around waterbodies, in the soft

material found in road embankments, and road shoulders. They may also be

seen crossing roads in search of mates, food, and nest sites. There is a risk of

road mortality during this sensitive time. Further, heavy machinery travelling over

nests may impact the species.

Mosses, lichens, and vascular plants may be present in the highway right-of-way

and may be impacted by use of machinery, materials, and by human presence

(e.g. boots on the ground). Mosses, lichens, and vascular plants growing

alongside a road may also be impacted by activities which alter drainage and

water movement, increase soil erosion and dust, and alter the light regime.

Potential Impacts to Species at Risk

Disruption of species during times the species are likely to be carrying out a life

process related to hibernation, reproduction, and rearing.

Increased water levels may damage or destroy habitat and increase erosion of

stream banks and streambeds due to altered water flows, and increase the

transport of sediment downstream.

Decreased water levels may damage or destroy upstream habitat and strand

species.

Dewatering of in-water work areas may strand species and pose a risk of

impingement and entrainment in dewatering equipment.

Physical impacts from use of machinery on land and/or in water may pose a risk

to individual species, their habitat, and nesting sites. Risk increases during peak

species movement times and nesting periods. The operation of machinery may

also release debris into nearby watercourses and increase debris transport to

downstream habitats.


Review the ‘Standard BMP for All Maintenance Activities’ for standard best practices

that are applicable to the work, including species at risk encounter protocols and

process documentation requirements.

Timing of Work

Beaver dam removal activities should be scheduled to avoid wet and rainy

periods and in-water work should be conducted during low flow conditions.


26

Work should be scheduled to avoid times that species are likely to be carrying

out a life process related to hibernation, reproduction, and rearing.

Where operationally feasible, schedule work to occur at the following times (see

‘timing of work window’):

If work can be scheduled during the timing of work window, impacts to species

can be avoided. Document that the activity will take place during the timing of

work window and begin the activity.

If work cannot be scheduled during the timing of work window, work may proceed

if work modifications are applied. Document the reasons the activity must take

place at that time (e.g. the risk to human health or safety) and proceed with work

modifications.

Work Modifications

For species at risk fish and mussels, implement MTO Best Management

Practices Manual for Fisheries: Beaver Dam Removal.

When a series of dams are to be removed, begin dam removal downstream

working to upstream to minimize disruption.

Remove obstructions incrementally in a controlled manner.

Release water slowly and allow the water level to stabilize and any sediment to

settle before continuing.

Take care to avoid releasing a sudden surge of water.

Apply the ‘Standard BMP for All Maintenance Activities’ where applicable.




27

BRIDGE MAINTENANCE

To avoid or minimize impacts to species at risk and their habitat using this BMP

process, there are four (4) BMPs to consider:



Activity BMP: Bridge Maintenance (below); and

MTO Best Management Practices Manual for Fisheries: Bridge Maintenance.

1 SCOPE

This BMP applies to bridge maintenance activities within work areas that contain


Bridge maintenance may include the following activities:

Bridge sweeping, cleaning, and washing that includes removing debris

and other materials from bridge components and the substructure

inclusive of abutments, in-water piers, steel members and joints, and

drains; and

Bridge deck and expansion joint maintenance and repair; and

Water flow obstruction removal, including the removal of trees and large

amounts of debris accumulated at bridge piers

2 ADDITIONAL REFERENCES – Not Used





Birds (Barn Swallow); Fish* and Mussels*; Mosses, Lichens, and Vascular Plants;

Turtles



Birds may be attracted to open or closed structures such as bridges and culverts

that have suitable faces and ledges for nesting. Some species of birds are drawn




28

to roads to feed on prey such as insects or carrion. This may increase the

likelihood of interactions with vehicles on the road surface or within the right-of-

way.




















Altered water levels may damage or destroy habitat, strand species, increase

erosion of stream banks and streambeds, and increase the transport of sediment

downstream.






Work on structures where bird nests are possible (e.g. ledges, vertical surfaces,

deck drains, lateral drains in abutments) may damage or destroy nests, and may

injure, harm or harass species that may occupy the nests.


29





Timing of Work

Bridge maintenance activities should be scheduled to avoid wet and rainy

periods and in-water work should be conducted during low flow conditions.




‘timing of work window’ table):







modifications.

Work Modifications


30


Practices Manual for Fisheries: Bridge Maintenance.

Temporarily block deck drains when washing.

Direct wash water into sediment control measures and/or a vegetated discharge

area 30m away from a waterbody or as far away as practical from the top of the

bank of any waterbody.

Remove any obstructions slowly and in stages if applicable to prevent large

releases of water or sediment.

Establish preventative measures, where practical, to prevent species from

nesting within the work area.

Preventative measures should be established prior to the end of the timing of

work window (e.g. before May 1 for barn swallow) to ensure returning species do

not establish active nests in the work area before work begins. Avoid nests in

accordance with the species encounter protocol in the ‘Standard BMP for All

Maintenance Activities’.





31

DITCHING AND DITCH CLEAN OUT





Activity BMP: Ditching and Ditch Clean Out (below); and

MTO Best Management Practices Manual for Fisheries: Ditch Maintenance

Within 30 Metres of a Waterbody.

1 SCOPE

This BMP applies to ditching and ditch clean out activities within work areas that contain


Ditching and ditch clean out may include the following activities:

Removing vegetation and accumulated debris from the ditch; and

Re-contouring the ditch profile using graders and excavators along the

shoulder.

Ditching and ditch clean out does not include the following activities:

New ditching.








Amphibians; Birds (ground-nesters); Fish* and Mussels*; Mammals (American Badger); Mosses, Lichens, and Vascular Plants; Snakes and Lizards; Turtles



http://www.raqsb.mto.gov.on.ca/techpubs/eps.nsf/8cec129ccb70929b852572950068f16b/b525316c99611b5e85257e7a006ace4e/$FILE/MTO%20BMP_Manual_2016_ACC%20Final.pdf

http://www.raqsb.mto.gov.on.ca/techpubs/eps.nsf/8cec129ccb70929b852572950068f16b/b525316c99611b5e85257e7a006ace4e/$FILE/MTO%20BMP_Manual_2016_ACC%20Final.pdf





32

Amphibians can be found undertaking life activities in a variety of areas

depending on the individual species (e.g. highway ditches, loose soil, leaves,

waterbodies, underground burrows, under rocks, etc.). They may also be seen

traveling between breeding sites and winter hibernation sites along roads.

Amphibians such as frogs and salamanders are often seen on roads during

specific times of year especially on warm rainy evenings. Road mortality may be

a cause of decline for some amphibian species in Ontario.

Ground-nesting birds may be seen in grasses, shrubs, or open areas within the

right-of-way where they may be nesting or foraging. Some species of birds are

drawn to roads to feed on prey such as insects or carrion. This may increase the


way.






The American Badger makes use of a variety of habitats such as the soft

material found in road embankments and the banks of roadside ditches, and can

be seen crossing roads in search of prey.






Snakes and lizards can be found undertaking life processes in a variety of areas

near roadways (e.g. open woodlands, small wetlands) which is dependent on the

individual species. They are most often encountered basking on roads and road

shoulders, and may sometimes be seen crossing roads. They may also be

attracted to man-made structures (e.g. crevices, culverts, bridge footings) as

potentially suitable shelter or hibernation habitat.








33




Altered water levels may damage or destroy upstream habitat, strand species,

increase erosion of stream banks and streambeds, and increase the transport of

sediment downstream.

Disturbance of earth may increase the transport of sediment downstream.

Work in ditches or fissures in structures in the vicinity of ditches that may provide

habitat (e.g. culverts, bridge footings) may be damaged or destroyed and may

impact species that could be occupying such areas.










Timing of Work

Ditch maintenance activities should occur during dry weather and when heavy or

persistent precipitation is not expected to occur.




‘timing of work window’ table).


34







modifications.

Work Modifications


Practices Manual for Fisheries: Ditch Maintenance Within 30 Metres of a

Waterbody.






35

DUST SUPPRESSION


process, there are three (3) BMPs to consider:



Activity BMP: Dust Suppression (below).

1 SCOPE

This BMP applies to dust suppression activities within work areas that may contain


Dust suppression may include the following activities:

Application of chemical or water dust suppressant;

Mechanical scarification of the road surface.





It is important to exercise caution when proceeding with work in areas that contain



Fish and Mussels; Snakes and Lizards; Turtles














36



In addition, fish and mussels can be found undertaking life processes where

water exists and conditions are favourable for the individual species (e.g. shallow

roadside ditches to larger flowing bodies of water). Fish and mussels may be

impacted by the application of dust suppressants near suitable habitat.




Physical impacts from use of machinery on land may pose a risk to individual

species, their habitat, and nesting sites (e.g. species nesting on gravel

shoulders). Risk increases during peak species movement times and nesting

periods.

Dust suppressants may seep into habitat occupied by species on gravel

shoulders or may be released into a nearby watercourse and to downstream

habitats.





Timing of Work

Dust suppression activities should occur during dry weather and should not take

place during rainfall events.






37







modifications.

Work Modifications

Avoid the broad application of dust suppressants and apply only to critical areas

to address health and safety requirements (e.g. where dust reduces visibility

beyond safe levels).

Do not apply dust suppressants to wet or saturated gravel roadbeds and

shoulders.

Ensure dust suppressants do not enter waterbodies in accordance with OPSS

182 General Specification for Environmental Protection for Construction in and

Around Waterbodies and on Waterbody Banks.






38

EROSION CONTROL AND WASHOUT REPAIR





Activity BMP: Erosion Control and Washout Repair (below).

1 SCOPE

This BMP applies to erosion control and washout repair activities within work areas that

contain provincial species at risk.

Erosion control and washout repair may include the following activities:

Minor repairs as a result of minor washouts from excess runoff

Filling the area with new material

Levelling new material

Erosion control and washout repair does not include the following:

Repair activities on gravel roads and gravel shoulders. See Activity ‘BMP:

Shouldering and Grading’








Fish* and Mussels*; Mosses, Lichens, and Vascular Plants; Snakes and Lizards; Turtles







39


















impacted by erosion control and washout repair activities.




Material disturbed or added to watercourse embankments below bridges and

road shoulders may be washed into adjacent watercourses and may increase

sediment load potentially impacting habitat and species.

Work in ditches or fissures in structures in the vicinity of ditches that may provide

habitat (e.g. culverts, bridge footings) may be damaged or destroyed and may

impact species that could be occupying such areas.






Addition of granular material may impact hatching success by interrupting a

species’ ability to emerge to the surface from a deeply buried underground

nesting site.


40





Timing of Work

Based on consideration of erosion control and washout repair activities and the

potential impacts to species at risk, a specific timing of work window was not

required. However, work should be scheduled to avoid times that species are

likely to be carrying out a life process related to hibernation, reproduction, and

rearing.

Work Modifications

Ensure erosion control and washout repair activities are undertaken in

accordance with OPSS 182 General Specification for Environmental Protection

for Construction in and Around Waterbodies and on Waterbody Banks.





41

FACILITIES MAINTENANCE





Activity BMP: Facilities Maintenance (below).

1 SCOPE

This BMP applies to facilities maintenance activities within work areas that may contain


Facilities maintenance may include the following activities:

Cleaning the inside and outside of patrol yards, sub-patrol yards, and associated

structures (e.g. sand and salt storage structures, offices, sheds)

Facility repairs



It is important to exercise caution when proceeding with work in areas that contain



Birds (Barn Swallow); Mammals (Bats)

Birds and bats may be attracted to open and closed structures, and

cracks/crevices that have suitable faces and ledges for nesting or roosting (e.g.

cavity walls and cross beams).




Work at facilities that may provide habitat (e.g. cleaning vertical faces, ledges)

may damage or destroy habitat and may damage or destroy nests, and may

injure, harm or harass species that may occupy the nests.


42





Timing of Work











modifications.

Work Modifications

If possible, postpone cleaning activities and avoid washing components of

facilities and structures where nests exist.

Ensure measures are in place to prevent species from establishing nests on

structure components. Any nests should be approached in accordance with the

species encounter protocol in the ‘Standard BMP for All Maintenance Activities’.

Ensure wash water from the activity is directed through a suitable filter.



43

GENERAL DRAINAGE MAINTENANCE


process, there are six (6) BMPs to consider:



Activity BMP: General Drainage Maintenance (below); and

MTO Best Management Practices Manual for Fisheries: Culvert Maintenance;

and

MTO Best Management Practices Manual for Fisheries: Ditch Maintenance

Within 30 Metres of a Waterbody; and

MTO Best Management Practices Manual for Fisheries: Maintenance of Riparian

Vegetation in Existing Rights of Way.

1 SCOPE

This BMP applies to general drainage maintenance within work areas that contain


General drainage maintenance may include the following activities:

Culvert clean out

Ditch inlet and outlet, and catch basin clean out

Curb and gutter repair








Amphibians; Birds (Barn Swallow); Fish* and Mussels*; Mosses, Lichens, and Vascular

Plants; Snakes and Lizards; Turtles












44

Amphibians can be found undertaking life activities in a variety of areas

depending on the individual species (e.g. highway ditches, loose soil, leaves,

waterbodies, underground burrows, under rocks, etc.). They may also be seen

traveling between breeding sites and winter hibernation sites along roads.

Amphibians such as frogs and salamanders are often seen on roads during

specific times of year especially on warm rainy evenings. Road mortality may be

a cause of decline for some amphibian species in Ontario.

Birds may be attracted to open or closed structures such as bridges and culverts

that have suitable faces and ledges for nesting. Some species of birds are drawn

to roads to feed on prey such as insects or carrion. This may increase the


way.

















Encounters with snakes and lizards may also be possible. Snakes may be found

basking on roads and road edges, as well as hibernating around waterbodies,

embankments, and road shoulders. Drainage ditches and riparian areas may

provide major movement corridors and habitat for snakes and lizards. If

encountered, follow the species at risk encounter protocol described in the

‘Standard BMP for All Maintenance Activities’.


45




Altered water levels may damage or destroy habitat, strand species, increase

erosion of stream banks and streambeds, and increase the transport of sediment

downstream.

Altered water levels of standing water in ditches, substrates or water levels in

permanent pool/ponded areas may damage or destroy habitat, strand species,

increase erosion of stream banks and streambeds, and increase the transport of

sediment downstream. This may also damage or destroy egg masses of

breeding species that may occupy these areas.

Disturbance of sandy banks, gravel, or components of structures that provide

habitat (e.g. cracks and crevices, vertical faces, ledges) may be damage or

destroyed and may impact species that could be occupying such areas.










Timing of Work

Schedule the activity to take place during dry conditions when no flowing water is

present in culverts.






46







modifications.

Work Modifications

For species at risk fish and mussels, implement the following BMPs from the

MTO Best Management Practices Manual for Fisheries: Culvert Maintenance;

Ditch Maintenance Within 30 Metres of a Waterbody; and Maintenance of

Riparian Vegetation in Existing Rights of Way.

If possible, remove any obstructions slowly and in stages to prevent large and

sudden releases of water or sediment.





47

Establish preventative measures, where practical, to prevent species from

nesting within the work area.

Preventative measures should be established prior to the end of the timing of

work window (e.g. before May 1 for Barn Swallow) to ensure returning species do

not establish active nests in the work area before work begins. Avoid nests in

accordance with the species encounter protocol in the ‘Standard BMP for All

Maintenance Activities’.

Ensure preventative measures are in place to prevent species from establishing

nests on structure components (e.g. ledges, vertical surfaces, shelters). Any

nests should be approached in accordance with the species encounter protocol

in the ‘Standard BMP for All Maintenance Activities’.



48

MAINTENANCE OF FENCES, SIGNS, GUIDE RAILS, PAVEMENT, AND

OTHER HIGHWAY INFRASTRUCTURE





Activity BMP: Maintenance of Fences, Signs, Guide Rails, Pavement, and Other

Highway Infrastructure (below).

1 SCOPE

This BMP applies to the maintenance of fences, signs, guide rails, pavement and other

highway infrastructure within work areas that contain provincial species at risk.

Maintenance of fences, guide rails, pavement, and other highway infrastructure may

include the following activities:

Wildlife and pedestrian fence installation and repair

Snow fence installation and removal

Minor guide rail repair

Pothole and asphalt crack patching

Installation, inspection, and maintenance of electrical systems

Installation and maintenance of road signs

Roadway sweeping

Pavement line markings and symbols

2 ADDITIONAL REFERENCES– Not Used





Birds (Barn Swallow; Ground-nesters); Mosses, Lichens, and Vascular Plants; Snakes

and Lizards; Turtles

Impacts to Barn Swallow are possible from the installation and maintenance of

signs. Barn Swallow may nest in or on signs, and may be drawn to roads to feed


49

on prey such as insects or carrion. Such feeding may increase the likelihood of

interactions with vehicles on the road surface or within the right-of-way.




alongside a road may also be impacted by activities that may increase soil

erosion and dust, and alter the light regime.













Encounters with ground-nesting birds may also be possible. Ground-nesting

birds may be seen in trees, grasses, shrubs, or open areas within the right-of-

way where they may be nesting or foraging. Some species of birds are drawn to

roads to feed on prey such as insects or carrion. This may increase the likelihood

of interactions with vehicles on the road surface or within the right-of-way. If

encountered, follow the species at risk encounter protocol described in ‘Standard

BMP for All Maintenance Activities’.




Disturbance of sandy banks, gravel, or components of structures that provide

habitat (e.g. cracks and crevices, vertical faces, ledges) may be damaged or

destroyed and may impact species that could be occupying such areas.

Physical impacts from use of machinery on land. Risk to individual species, their

habitat, and nesting sites increases during peak species movement times and

nesting periods. This may also release debris into a nearby watercourse and

increase debris transport to downstream habitats.


50





Timing of Work











modifications.

Work Modifications

Undertake measures to prevent excess generation of materials and disturbance

of surfaces from occurring as a result of the activity.

Manage excess materials according to application standards.

Apply ‘Standard BMP for All Maintenance Activities’ where applicable.


51

NON-STRUCTURAL CULVERT REPLACEMENTS





Activity BMP: Culvert Replacements (below); and

MTO Best Management Practices Manual for Fisheries: Culvert

Replacement/Extension.

1 SCOPE

This BMP applies to non-structural culvert (i.e. corrugated steel pipe) replacement

activities within work areas that contain provincial species at risk.

Non-structural culvert replacements refer to the following:

A non-structural centreline culvert, up to 1200 mm in diameter and 34 m in length

A non-structural entrance culvert, up to 600 mm in diameter and 20 m in length

Components of non-structural culvert replacement activities may include:

Excavation of road;

Temporary isolation/diversion of water flow; and

Erosion and sediment control measures throughout the work area.

Non-structural culvert replacements do not include the following:

Structural culvert replacements.












52


Birds (Barn Swallow); Fish* and Mussels*; Mosses, Lichens, and Vascular Plants;

Snakes and Lizards; Turtles



Birds may be attracted to open or closed structures (e.g. culverts) that have

suitable faces and ledges for nesting. Some species of birds are also drawn to

roads to feed on prey such as insects or carrion. This may increase the likelihood

of interactions with vehicles on the road surface or within the right-of-way.




























53

Increased water levels may damage or destroy habitat and increase erosion of

stream banks and streambeds due to altered water flows, and increase the

transport of sediment downstream.

Decreased water levels may damage or destroy upstream habitat and strand

species.

Dewatering of in-water work areas may strand species and pose a risk of

impingement and entrainment in dewatering equipment.

Disturbance of banks, rock piles or components of concrete structures that

provide habitat (e.g. cracks and crevices, vertical faces, ledges) may be

damaged or destroyed and may impact species that could be occupying such

areas.







A mitigation plan must be prepared and followed for non-structural culvert replacement

activities.

The mitigation plan must be retained for a minimum of five years following activity

completion, and must be made available to MNRF upon request within 14 days.

Mitigation Plan

At a minimum, develop and follow a mitigation plan that includes the following:

A map indicating the geographic location where the activity will occur.

The proposed start and completion dates of the activity.

A description of the activity and its main purpose including an explanation

of the threat to human health and safety that requires the activity to be

carried out. Identify the consequences that would result in the short-term

or long-term if the activity was not carried out.

A description of all stages of the activity and a timeline for each stage.

A list of all the species at risk that are likely to be affected by the activity. It

is the Service Provider’s responsibility to ensure the project registration is

up to date and includes all species at risk that may be impacted by work.

An assessment of the likely impacts to each species at risk.


54

Details of how impacts will be avoided or minimized, including the date

and locations where each mitigation measure will occur. Include ‘timing of

work considerations and ‘work modifications’ below as mitigation

measures in the mitigation plan.

The mitigation plan should also satisfy the mandatory requirements of

MTO Best Management Practices Manual for Fisheries: Culvert

Replacement, and OPSS 182 General Specification for Environmental

Protection for Construction in and Around Waterbodies and on Waterbody

Banks.

Timing of Work

Non-structural culvert replacement activities should be scheduled to avoid wet

and rainy periods and in-water work should be conducted during low flow

conditions.


out a life process related to hibernation, reproduction, and rearing. Include the

dates species are likely to be undertaking such life processes in the mitigation

plan.

Work Modifications


Practices Manual for Fisheries: Culvert Replacement/Extension.










55

SALT AND SAND STORAGE FACILITY LOADING





Activity BMP: Salt and Sand Storage Facility Loading (below).

1 SCOPE

This BMP applies to facilities and stock piles within work areas that may contain


Salt and sand storage facility loading may include the following activities:

Delivery, loading, and storage of salt, sand and other winter maintenance

abrasives and other anti-icing liquids at patrol yards.


MTO Salt Management Plan





Amphibians; Birds (Bank Swallow and Barn Swallow); Fish and Mussels; Mammals

(Bats); Mosses, Lichens, and Vascular Plants

Birds and bats may be attracted to closed structures or cracks/crevices that have

suitable faces and ledges for nesting or roosting (e.g. cross beams in sand and

salt domes).

Bank swallow specifically are attracted to sand piles for nesting. Bank swallow

prefer sand piles with steep slopes >1.5H:1V.

Mosses, lichens, and vascular plants may be present in the vicinity of facilities


(e.g. boots on the ground). Mosses, lichens, and vascular plants may also be


56

impacted by activities that increase soil erosion and dust, and alter the light

regime.

Encounters with amphibians may also be possible. Amphibians may be found

undertaking life processes in a variety of areas depending on the individual

species (e.g. in road/highway ditches, loose soil, leaves, waterbodies,

underground burrows, under rocks, etc.). If encountered, follow the species at

risk encounter protocol described in ‘Standard BMP for All Maintenance

Activities’.




impacted by sand and salt loading near suitable habitat.





species, their habitat, and nesting sites. Risk increases during peak species

movement times and nesting periods.

While birds and bats are typically unaffected by loading activities in storage

facilities at patrol yards (i.e. species that may be using vertical faces or ledges for

nesting are often unaffected by loading), they may be impacted by contact with

machinery.

Disturbance of sand piles that have attracted species for nesting may result in

damage or destruction of habitat and may impact species that could be

occupying such areas.

Salt, sand, and anti-icing liquids released and deposited into species at risk

habitat, absorbed into the environment from improper cover, or runoff into nearby

waterbodies may damage or destroy habitat and pose harm or a risk of killing of

species in impacted areas.






57

Timing of Work

Plan and schedule sand and salt delivery to minimize the amount of time sand is

on site prior to loading into a storage facility. This includes, but is not limited to,

ensuring any and all necessary loading machinery is present and in good

working order prior to the arrival of the sand.











modifications.

Work Modifications

Immediately transfer sand that has been unloaded outside of the storage facility

to inside the storage facility.


58

Do not store sand uncovered on-site for greater than 48 hours.

Ensure piles are sloped to <1.5H:1V within 1 day.

For sand that is not within a storage facility within 48 hours of delivery,

Cover any and all sand piles (greater than 2 m high) with tarps. Tarps

used for covering sand piles must be firmly secured to solid anchors

suitable for the purpose.

Inspect sand piles for Bank Swallow nests prior to loading.

Undertake salt delivery in accordance with the MTO Salt Management Plan.


MTO Endangered Species Act Best Management Practices for Maintenance Activities

59

SHOULDERING AND GRADING





Activity BMP: Shouldering and Grading (below).

1 SCOPE

This BMP applies to the grading of roadside shoulders and gravel roads within work

areas that contain provincial species at risk.

Shouldering and Grading may include the following activities:

Grading of gravel surfaces (roadside shoulders and roadbeds);

Gravel shouldering with the application of new granular material;

Repair of roadside shoulders from minor washouts that do not pose an imminent

threat to health and safety.






Turtles; Snakes, and Lizards












60







species, their habitat, and nesting sites (e.g. species nesting on gravel

shoulders). Risk increases during peak species movement times and nesting

periods.

Addition of granular material may impact hatching success by interrupting a

species’ ability to emerge to the surface from a deeply buried underground

nesting site.

Sediment may also be released and deposited into suitable habitat.





Timing of Work




‘timing of work window’):


61







modifications.

Work Modifications



62

VEGETATION MANAGEMENT





Activity BMP: Vegetation Management (below).

1 SCOPE

This BMP applies to vegetation management within work areas that contain provincial

species at risk.

Vegetation management may include the following activities:

Mowing to maintain clear sightlines

Weed control

Brush control and tree and shrub maintenance

Tree removal

Ground cover rehabilitation

Vegetation management does not include:

Activities undertaken purely for aesthetic purposes






Birds (Ground, Tree, and Shrub Nesters); Mammals (Bats); Mosses, Lichens, and

Vascular Plants; Snakes and Lizards; Turtles

Ground-nesting birds may be seen in grasses, shrubs, or open areas within the

right-of-way where they may be nesting or foraging. Some species of birds are

drawn to roads to feed on prey such as insects or carrion. This may increase the


way.


63

Roosting bats and maternity colonies, and some nesting bird species may be

attracted to trees for nesting or roosting, and may be impacted by tree removal.








individual species.

Turtles can be found nesting and hibernating in and around waterbodies, in the

soft material found in road embankments, and road shoulders. They may also be

seen crossing roads in search of mates, food, and nest sites.




Physical impacts from use of machinery on land (e.g. mowing) may pose a risk to

individual species, their habitat, and nesting sites. Risk increases during peak

species movement times and nesting periods.

Work in areas that may provide habitat (e.g. shrubs, branches) may be damaged

or destroyed and may impact species that could be occupying such areas.

Introduction of non-native species into seed mix which may out-compete native

vegetation or impact food and habitat availability for species.





Timing of Work



For mowing, brush control, tree maintenance, and shrub maintenance activities,

where operationally feasible, schedule work to occur at the following times (see



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For tree removal activities, where operationally feasible, schedule work to occur

at the following times (see ‘timing of work window’ table).


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modifications.

Work Modifications

Mow to a minimum height of 20 cm to prevent harm to species.



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GLOSSARY

For the purposes of this manual, the following definitions apply:

Term Definition

Active Nest A nest that is occupied by the species at risk or a nest that

contains eggs.

Best Management

Practice (BMP)

A document containing information to support effective

management of species at risk during highway maintenance

activities, and recommendations for measures to avoid or minimize

impacts to protected species and their habitat. This document

represents the best currently available knowledge.

Care and Caution To exercise ‘care and caution’ entails that both:

A qualified person of the Service Provider has reviewed the

activity work planning and procedures and confirms these

are in line with the BMP and the intent of protecting species

at risk; and

All employees of the Service Provider act in line with the

BMPs and environmental protection requirements.

Culvert A conduit, usually covered by fill, whose primary function is to

convey surface water through an embankment.

Dam A barrier constructed across a waterway to control the flow and are

made of non-earthen material, such as water inflated portable

dams, pea gravel bags, concrete blocks, steel or wood wall, clean

rock, sheet pile.

Debris Means branches, stumps, logs, boulders, ice build-up, garbage or

any other organic or inorganic materials that prevent the passage

of water and/or fish, or that damages or impairs the proper

functioning of infrastructure.


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Term Definition

Deleterious

Substance

Means as defined by the Fisheries Act as any substance that, if

added to water, makes the water deleterious to fish or fish habitat

or any water containing a substance in such quantity or

concentration or has been changed by heat or other means, that if

added to water makes that water deleterious to fish or fish habitat.

Note that sediment is considered a deleterious substance.

Ditch Means part of the highway drainage system that generally conveys

water for short periods of time following precipitation or snowmelt

and typically outlet to a waterbody that may support fish and fish

habitat. If ditches are wetted seasonally or year round, they should

be considered to be containing or supporting a commercial,

recreation or Aboriginal fishery.

Endangered

Species Act, 2007

(ESA)

Provincial legislation enforced by the Ontario Ministry of Natural

Resources and Forestry that protects species at risk and their

habitats, and promotes the recovery of those species.

Endangered

Species Act

Permit

Under the Endangered Species Act, the Ministry of Natural

Resources can grant different types of permits or other

authorizations for activities that would otherwise not be allowed,

with conditions that are aimed at protecting and recovering species

at risk.

Erosion The physical removal or detachment of soil particles from an earth

surface, followed by the transport of detached particles to another

location by the action of a mobile agent including rain, flowing

water, wind, equipment and vehicles.

Fish Means, as defined by the Fisheries Act, parts of fish, shellfish,

crustaceans, marine animals and any parts of shellfish,

crustaceans or marine animals, and the eggs, sperm, spawn,

larvae, spat and juvenile stages of fish, shellfish, crustaceans and

marine animals.

https://www.ontario.ca/page/how-get-endangered-species-act-permit-or-authorization

https://www.ontario.ca/page/how-get-endangered-species-act-permit-or-authorization


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Term Definition

Fish Habitat Means, as defined by the Fisheries Act, spawning grounds and

nursery, rearing, food supply and migration areas on which fish

depend directly or indirectly in order to carry out their life

processes.

Inactive Nest A nest that is vacant and does not contain eggs or the species at

risk.

Maintenance Activities required to keep the roadway in a safe, passable

condition and to prolong the life of the infrastructure.

Mitigation A measure to reduce the spatial scale, duration, or intensity of

serious harm to species at risk or its habitat that cannot be

completely avoided. The best available mitigation measures or

standards should be implemented by proponents as much as is

practically feasible.

Qualified Person An individual who can demonstrate suitable education, experience,

accreditation, or knowledge relevant to the subject matter, and can

provide advice related to activity planning and operation.

Right-of-Way The strip of land within the limits of which a roadway is built and is

usually indicated by a fence line or bush line.

Sediment Soils or other surface material transported by wind or water as a

result of erosion. Sediment is a deleterious substance.

Species at Risk

(SAR)

Species provided protection under the Endangered Species Act

that are extirpated, endangered, or threatened on the Species at

Risk in Ontario List. For the purpose of the BMP, any species

encountered with an unknown or unidentified status at the time of

encounter shall be assumed to be a species at risk.

Service Provider A third party retained by the MTO to provide services on behalf of

the ministry related to its mandate (e.g. Area Maintenance

Contractors).


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Term Definition

Timing of Work

Window

The time period during which species are not likely to be carrying


If work will take place during the timing of work window, impacts to

species can be avoided. The SARO List is amended from time to

time which may result in changes to the timing of work windows

included in the BMPs. These timing of work windows are current as

of October 2016.

Waterbody Any permanent or intermittent, natural or constructed body of water

including lakes, ponds, wetlands and watercourses.

Waterbody Bank The slope on or adjacent to a waterbody from the normal water

level to the top of slope.

Watercourse A stream, creek, river, or channel including ditches, in which the

flow of water is permanent, intermittent, or temporary.

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