Timing Windows and Measures to Adequately Manage and Conserve Aquatic Resources For the Following Forest Districts within the Cariboo Region:

Transcription

1 Timing Windows and Measures to Adequately Manage and Conserve Aquatic Resources For the Following Forest Districts within the Cariboo Region: Central Cariboo Forest District Becky Bings Geoff Price Designated Environment Official Central Cariboo Forest District 100 Mile House Forest District Roger Packham Designated Environment Official 100 Mile House Forest District Quesnel Forest District Charlotte Kurta Designated Environment Official Quesnel Forest District Chilcotin Forest District Chris Schmid Designated Environment Official Chilcotin Forest District March 22, 2004

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3 TIMING WINDOWS AND MEASURES TO ADEQUATELY MANAGE AND CONSERVE AQUATIC RESOURCES FOR THE FOREST DISTRICTS LISTED WITHIN THE CARIBOO REGION. 1.0 BACKGROUND The Forest Practices Code of British Columbia Act (FPC) authorizes the Designated Environmental Official (DEO) to provide timing windows and measures for construction, modification and deactivation activity on fish stream crossings to adequately manage and conserve aquatic resources. The FPC also authorizes the DEO to provide timing windows and measures for deactivation activity on all streams, whether or not fish bearing. The Ministry of Water, Land and Air Protection (MWLAP) has established Ecosystem Officers and Ecosystem Biologists as Designated Environment Officials for the purposes of: Timber Harvesting and Silviculture Practices Regulation [December 17, 2002] - Part 3 Section 14(2) Forest Road Regulation [December 17, 2002] - Part 3 Section 9(1)(h)(i) - Part 5 Section 14 Woodlot License Forest Management Regulation [December 17, 2002] - Part 4 Division 4 Section 49(1)(h)(i) - Part 4 Division 6 Section 54 - Part 5 Section 68(c) This document has been prepared using the best information currently available and replaces all other direction regarding timing windows and conservation measures for the listed Forest Districts within the caribou Region. This document refers to terminology, guidance and procedures outlined in the FPC Fish-stream Crossing Guidebook (March 2002) and is to be used in conjunction with this Guidebook. These timing windows and measures may be further revised from time to time as required. 2.0 OTHER LEGISLATION AND RESOURCE AGENCIES These timing windows and measures do not authorize anyone to conduct or participate in activities that are contrary to any statute, provincial or federal. The timing windows and measures established by the DEO are for the management and protection of aquatic resources under the legal authority of the Forest Practices Code of British Columbia Act. If followed, the expected result is that the risk to aquatic resources will be decreased or largely eliminated. However, no authorization to alter, disrupt, destroy, or introduce deleterious substances to fish habitat is expressed or implied, as such authorization is the exclusive purview of the Minister of the Canada Department of Fisheries and Oceans (DFO). These measures are not approvals for activities that may result in the harmful alteration, disruption or destruction of fish or fish habitat, or the introduction of deleterious substances. It is the responsibility of the proponent to contact DFO regarding any activities that fall under the federal Fisheries Act. 3

4 3.0 OBJECTIVES Some of the objectives considered necessary to adequately manage and conserve aquatic resources are: 1. to protect fish and fish habitat. 2. to provide for safe fish passage. 3. to prevent impacts to fish eggs and alevins that are present in the gravel, or on adult and juvenile fish that are migrating, overwintering or rearing. 4. to reduce the risk of sediment release and other deleterious substances during work at stream crossings. 4.0 REFERRALS A Notice of Commencement for each stream crossing stating the stream classification, type of crossing structure, location and estimated start date of construction must be sent to the DEO a minimum of 72 hours prior to conducting any stream crossing activities. In-stream activities consistent with the timing windows and measures in this document do not require a referral, only a Notice of Commencement, to the DEO, unless specifically requested. In-stream works conducted under the authority of the Forest Practices Code of British Columbia Act, or a regulation made under that act, do not require Water Act referral. In-stream works that cannot be carried out within the specified timing windows and/or according to the specified measures must be referred to the DEO and must outline the following: fisheries resource values details of the proposed activities the potential impacts on the fisheries resource describe any mitigation strategy, and include an environmental monitoring plan as detailed in Section 2.5 of the FPC Fish-stream Crossing Guidebook. Proponents should plan to conduct all in-stream works within the specified in-stream work timing windows described in section 7 of this document. 4

5 However, a January 1 to December 31 timing window will apply to the construction, modification, and deactivation of stream crossings during forest practices if any of the following conditions are met: the structure does not encroach onto the stream channel, no work is proposed within the stream channel of a fish stream, and actions will be taken to prevent the delivery of sediments into fish habitat; work is in a non-fish stream and actions will be taken to prevent the delivery of sediments into downstream fish habitat; during installation, modification or deactivation of a clear span structure there is no running water at the crossing; and the stream will not deliver sediment to a fish stream as a result. 5.0 MEASURES The following measures apply to all construction and modification of fish stream crossings; and deactivation activities for all stream crossings, whether or not fish-bearing, except as specified in Section 4.0 of this document. These measures are as per the FPC Fish Stream Crossing Guidebook (March 2002). The words in bold type are as per the definitions in the Fish Stream Crossing Guidebook. If proponents choose to install a closed-bottom structure in a fish stream that may be marginal fish habitat, the proponent should conduct a fish habitat evaluation to determine if the habitat is critical, important, or marginal. A qualified professional or technologist with adequate training and knowledge of fish habitat must conduct this habitat evaluation. Crossing Structures 5.1 New Installations Crossing structures for fish streams with greater than 6% stream gradient are limited to clear-span bridges or other open bottom structures (OBS), regardless of habitat type, and must be designed and installed in accordance with FPC Fish-Stream Crossing Guidebook. The crossing structure must not cause: disturbance of instream habitat, encroachment on the stream channel, or excessive loss of riparian habitat. delivery of sediments into fish habitats. Crossing structures for fish streams with marginal habitat (as defined on pages 6 and 7 of the FPC Fish stream Crossing Guidebook) and with less than 6% stream gradient, include clear-span bridges or other open bottom structures, or closed bottom structures (CBS), installed as per the FPC Fish Stream Crossing Guidebook, provided that the following requirements are met: (a) stream channel width is 2.5 m or less, and (b) the CBS is embedded to replicate the streambed inside the pipe. 5

6 5.2 Replacement Structures Where existing closed bottom crossing structures are proposed for removal and replacement on fish streams, and where the stream channel width is 2.5 m or greater, OBS are required, as per Section 5.1 of this document. Where the stream channel width is 2.5 m or less, and the stream gradient is less than 6%, any type of OBS or CBS(not the preferred choice and may require review by agency) may be acceptable, provided that the design and installation are in accordance with the FPC Fish-stream Crossing Guidebook. Highly Active Streams 5.3 Crossing sites on fish streams must be avoided in areas where streams are meandering, braided, or located on alluvial fans. Stream Width and Stability 5.4 Crossing structures, bridge abutments, or associated riprap must not constrict the stream channel width at the crossing location. 5.5 During bridge installation over a fish stream, streambed and channel stability must be maintained by avoiding damage to stream banks. Sediment Control 5.6 In a fish stream the work area must be isolated from the stream flow, and works completed in the dewatered channel, including but not limited to: (a) When the channel of a fish stream is de-watered to isolate the work area from the stream flow, fish must be salvaged from the de-watered area and returned to the stream. Fish salvaging requires a collection permit from the appropriate WLAP (Fisheries) region. (b) Silt-laden water from the work site must not be discharged to the stream channel during the course of the works and prior to re-establishing streamflow. 5.7 Any materials, such as riprap or gabion rock, placed within or adjacent to the stream channel must be free of silt, overburden, or other substances deleterious to aquatic life. Rock used as riprap must be suitably sized to resist movement by stream flows. 5.8 To prevent sediment delivery to a stream, the road grade should be elevated to ensure the grade falls away from the crossing for a minimum of ten metres in either direction, or as much as topography permits. 5.9 Disturbance to the stream channel, banks, and riparian vegetation in the vicinity of the work area must be minimized. Retain all vegetation associated with the stream crossing not impeding line-of-sight or compromising safety. Disturbance that occurs to the channel and/or banks must be stabilized to prevent sediment delivery to the stream. 6

7 5.10 For re-vegetation purposes associated with the stream crossing, a seed mix that is less palatable to livestock and is ecologically suitable should be used During periods of heavy or persistent precipitation, work that could result in sediment delivery to the stream must stop. Measures must be taken to minimize the risk of sediment delivery to the stream during the shutdown period Minimize road material and gravel on a bridge deck from entering the stream. Consider the use of containment logs or boards between a bridge deck and the guard rails to minimize the potential for road material on the bridge decks from entering the stream Upon completion of the stream crossing structure or deactivation activity, all material that has the potential to harm fish or fish habitat and is no longer being utilized, must be removed and/or placed in a location where it will not re-enter the stream For the purposes of constructing stream crossings, and where there are no other practicable methods, one round-trip crossing (over and back) of a fish stream within the instream work timing window is permitted. If, however, the stream bed and banks are erodible (e.g., dominated by organic materials, silts, silt loams, etc.) and erosion and stream sedimentation or bank or stream channel degradation will result from heavy equipment crossings, a temporary crossing structure must be used to protect the stream bed and banks. If no downstream sedimentation will result, and if no spawning habitat is present, this crossing may be made outside the in-stream work timing window. Other Deleterious Substances 5.15 All machinery used on site must be in good repair and free from excessive grease, oil, and fluid leaks Wood preservatives that are toxic to fish must be prevented from entering the stream All cast-in-place concrete and grouting must be completely separated from fishbearing waters for a minimum of 48 hours if ambient air temperature is greater than 0 degrees Celsius or for 72 hours if ambient air temperature is less than 0 degrees Celsius Tracks or wheels of equipment must not be within the wetted perimeter of the stream, except as specified in section 5.14, unless authorized by the DEO Pile driving or blasting that may result in vibrations harmful to fish are subject to the in-stream timing windows. Protection of Redds 5.20 If redds (locations where fish eggs have been laid) are present in or downstream of the in-stream work area, work activities must not commence or must be suspended and the DEO notified. 7

8 Deactivation/Modification of Stream Crossings 5.21 During deactivation/modification, the stream substrate, channel, banks, and other affected areas at the crossing site must be restored to their approximate original configuration and composition. Any fill material that has been added to the stream channel and floodplain must be removed and placed in a location where it will not re-enter the stream During deactivation, the crib of a wooden culvert or bridge must be left if it is stable, and over time has been integrated into the channel and now contributes to fish habitat complexity in the channel. If the upper portion of the crib will decay and fail in time, resulting in sedimentation, then it should be removed and only the lower portion left in place When a crossing structure is removed from a fish stream, the stream crossing site including approaches must be left in a condition that renders the stream crossing impassable to protect fish habitat When a crossing structure is removed from a non-fish stream, an armoured ford should be established, if vehicle use of the crossing and sedimentation into downstream fish habitat is anticipated. Temporary Winter Crossing Structures 5.25 Temporary winter crossing structures such as snowfills can be considered on streams that are dry, or frozen to the bottom in the winter. snowfills must be designed and installed as per Section 3.3 of the FPC Fish Stream Crossing Guidebook (pp ). 6.0 OTHER CONSIDERATIONS 6.1 Emergency Actions If, during works that are subject to timing windows and measures, emergency actions are required to protect roads, stream environments or crossing structures from catastrophic events, or a crossing has failed as a result of catastrophic events and damage to fish habitat has or may occur, the incident must be reported in writing to the DEO (or designate) as soon as possible. 6.2 Beaver Dams Section 9 of the Wildlife Act requires authorization from the Ministry of Water, Land and Air Protection for a person to disturb, molest or destroy a beaver house, den or beaver dam. A culvert blockage created by a beaver is a beaver dam. The removal or modification of a beaver dam must be authorized by a permit issued under the Wildlife Act by the Regional WLAP office. 8

9 7.0 TIMING WINDOWS Stream crossings that require instream works that may result in fish habitat damage and/or introduction of sediment to fish habitat must be conducted within the specified timing window for the stream or watershed. These timing windows must be applied to all fish-bearing streams, as well as non-fish bearing waters that are direct tributaries to downstream fish habitat and can reasonably be expected to result in sedimentation of the fish habitat. Timing windows ensure that in-stream works occur at the correct time of year to minimize damage to spawning habitat and destruction of fish eggs and juveniles and to minimize impacts to adults and juveniles that may be migrating, overwintering or rearing. Where water quality objectives must be maintained (i.e. community watersheds or downstream domestic use), there may be other timing considerations depending on sitespecific circumstances. See specific Timing Windows for each Forest District on following pages. Please contact Department Of Fisheries And Oceans for In-Stream Work Windows for Salmon (250)

10 Central Cariboo District WATERSHED (Old Horsefly F.D.) INSTREAM WORK TIMING WINDOW Horsefly River Watershed(d/s of falls) < 1325 m - July 22 to August 15 Horsefly River d/s of falls and tributaries, Little Horsefly River and tributaries, McKinley > 1325 m - August 07 to August 15 Creek and tributaries, Woodjam Creek d/s of falls, Moffatt Creek d/s of falls (Rainbow trout/bull trout/kokanee/ Whitefish/Chinook/Coho/Sockeye) Horsefly River Watershed (u/s of falls) < 1325 m - July 22 to October 31 Horsefly River u/s of falls and tributaries, Woodjam Creek u/s of falls, McKusky > 1325 m - August 07 to October 31 River and tributaries, MacKay River and tributaries, Moffat Creek u/s of falls (Rainbow trout/whitefish) Quesnel River Watershed < 1325 m - July 22 to August 15 Quesnel River and tributaries, Cariboo Lynx Creek, Blue Lead Creek, Penfold Creek, > 1325 m - August 07 to August 15 Mitchell River(Rainbow trout/bull trout/ Kokanee/Whitefish/Chinook/Coho/Sockeye) Cariboo River and tributaries < 1325 m July 22 to August 07 Beaver Creek Watershed. < 1325 m - July 22 to August 31 Beaver Creek and tributaries (Rainbow trout/kokanee) > 1325 m - August 07 to August 15 (Old Williams Lake F.D.) Lower Chilcotin Watershed < 1325 m - July 31 to August 15 Chilcotin River and lower reaches of any creeks tributary to the Chilcotin River. (Steelhead/ > 1325 m - August 07 to August 15 Rainbow trout/bull trout/whitefish/ Chisel Mouth/Chinook/Sockeye/Coho) Chilcotin River Tributaries < 1325 m - July 22 to August 15 Big Creek and tributaries(rainbow trout/ Bull trout/coho/chinook) > 1325 m - August 07 to August 15 10

11 Churn Creek and Tributaries < 1325 m - July 22 to August 15 (Rainbow trout/bull trout/pink/coho/ > 1325 m - August 07 to August 15 Chinook) Fraser River - lower reaches of any creeks < 1325 m - July 22 to August 15 tributary to the Fraser River(Rainbow trout/ Steelhead/Bull trout/kokanee/white Sturgeon/ Whitefish/Chinook/Coho/Sockeye/Pink) Beedy Creek Watershed, Sheridan Creek, < 1325 m - July 22 to August 31 Big Lake Creek, San Jose River d/s of falls (Rainbow trout/kokanee/sockeye/pink/coho) > 1325 m - August 07 to August 31 All Other Streams within the Central Cariboo < 1325 m - July 22 to August 15 Forest District where spring and fall spawning species occur. > 1325 m - August 07 to August 15 In the event that fish species are not mentioned in the above table the following in-stream timing windows apply: Steelhead July 31 to August 15 Rainbow trout < 1325 m - July 22 to October 31 Rainbow trout > 1325 m - August 07 to October 31 Kokanee July 22 to August 31 Bull trout July 22 to August 15 Dolly Varden July 22 to August 15 Cutthroat trout < 1325 m - July 22 to October 31 Cutthroat trout > 1325 m - August 07 to October 31 Whitefish July 22 to August 31 Chiselmouth site specific 11

12 100 Mile House Forest District This document has an accompanying map entitled Salmonid Distribution and Associated Timing Windows for the 100 Mile House Forest District. The purpose of this map is to illustrate timing windows and is not intended to be a complete inventory of known fish inventory. In the event fish species not identified in the above map or table (below) are located during fish stream classification, the following in-stream timing windows apply: Species Open Close Rainbow trout (<1325m) July 22 Oct 31 Rainbow trout (>1325m) Aug 7 Oct 15 Kokanee July 22 Aug 31 Brook Trout July 22 Sept 15 Mountain whitefish July 22 Sept 15 Salmon July 22 Aug 15 Steelhead July 22 Aug 15 Watershed Lower reaches of Bonaparte River and the lower reaches of any creeks tributary to the Fraser River. (Rainbow trout/steelhead and salmon) Timing Windows July 22 to August 15 McKinley Creek, lower reaches of Eagle Creek and Bradley Creek, Deka Creek, Bridge Creek (upstream of Buffalo Creek), lower reaches of Forbes Creek, lower reaches of Canimred Creek and upper reaches of Bonaparte River. (Rainbow trout and kokanee) July 22 to August Mile Creek, Scottie Creek, Fiftynine Creek, Fiftyseven Creek, and Fifty One Creek (Rainbow and brook trout or mountain whitefish) July 22 to September 15 12

13 All other streams and rivers within the 100 Mile House Forest District. (Rainbow trout only <1325m) Boss Creek, Hendrix Creek, Deception Creek, Canimred Creek, Ruth Redfern Creek, Spanish Creek, Jim Creek (upstream of outlet to Bowers Lake), Windy Creek, Bridge Creek (upstream of Stack Lakes), Phinetta Creek, tributaries to Birch Lake and Lac des Roches, McDonald Creek, Canimred Creek, Hihium Creek, Scot Creek, and Brown Creek. (Rainbow trout only >1325m) July 22 to October 31 August 7 to October 15 13

14 Quesnel Forest District WATERSHED Baker Creek Watershed 1. Downstream of Puntataenkut (Tibbles) Lake, and for Merston sub-basin downstream of District Lot 2454 (Chinook/rainbow trout) 2. Upstream of Puntataenkut (Tibbles) Lake, and Merston sub-basin upstream of District Lot 2454 (Rainbow trout) IN-STREAM WORK TIMING WINDOW July 15 to July 31 July 15 to October 31 Blackwater River Watershed 1. Nazko River, Euchiniko River, Blackwater River downstream of the Nazko River, and tributaries (Chinook/rainbow trout) 2. Blackwater River and tributaries upstream of the Nazko River(Chinook/bull trout/rainbow trout) 3. Headwaters (currently unroaded) (Rainbow trout/bull trout/possibly Chinook) Bowron River Watershed Chinook/bull trout/rainbow trout Cariboo River Watershed Chinook/bull trout/rainbow trout Cottonwood/Swift River Watershed 1. Swift River and tributaries downstream of the confluence with Bendixon Creek, excluding Lightning Creek (Chinook/bull trout/rainbow trout) 2. Swift River and Bendixon Creek and their tributaries, above their confluence, but downstream of the Little Swift River (bull trout/rainbow trout) 3. Swift River and Little Swift River and their tributaries, above their confluence (Chinook/rainbow trout/bull trout/) 4. Lightning Creek and tributaries (Chinook/rainbow trout/bull trout/) Dean River watershed Narcosli Creek watershed Chinook/rainbow trout Quesnel River watershed Chinook/rainbow trout July 15 to July 31 July 22 to July 31 July 22 to July 31 July 22 to July 25 July 22 to August 7 July 15 to July 31 July 22 to October 31 No in-stream work timing window No in-stream work timing window Not confirmed. Site specific. July 15 to July 31 July 15 to July 31 Willow River watershed Chinook/bull trout/rainbow trout July 15 to July 25 Other Fraser River tributaries July 15 to July 31 Creeks and Rivers within the Kluskus Supply Area Not confirmed. Site specific. 14

15 Chilcotin Forest District WATERSHED INSTREAM WORK TIMING WINDOW Lower Chilcotin River Watershed Chilko River d/s of Chilko Lake, Taseko < 1325 m - July 31 to August 15 River, Chilcotin River and tributaries (Steelhead/Rainbow trout/bull trout/whitefish/ > 1325 m - August 07 to August 15 Chisel Mouth/Chinook/Sockeye/Coho) Upper Chilcotin River Watershed Chilcotin River u/s of the confluence of Chilko River < 1325 m - July 31 to August 15 and tributaries(steelhead/rainbow trout/bull trout/ Whitefish/Chisel Mouth/Chinook/Coho). > 1325 m - August 07 to August 15 Homathko River Watershed Homathko River, Mosely Creek and tributaries < 1325 m - July 22 to August 15 (Rainbow trout/bull trout/dolly Varden) > 1325 m - August 07 to August 15 KlinaKlini River Watershed KlinaKlini River, McClinchy Creek, < 1325 m - July 22 to August 15 Kleena Kleene River and tributaries (Rainbow trout/bull trout/cutthroat trout) > 1325 m - August 07 to August 15 See Exceptions Below Upper Dean River Watershed Upper Dean River headwaters and tributaries < 1325 m - July 22 to August 15 (Rainbow trout/dolly Varden) > 1325 m - August 07 to August 15 Alexis Creek Watershed, Upper Nazko Creek (u/s of Nazko Lake), Chilanko River < 1325 m - July 31 to August 15 (Rainbow trout) > 1325 m - August 07 to October 31 Puntzi Creek Watershed (Rainbow trout) < 1325 m - July 22 to October 31 > 1325 m - August 07 to October 31 All Other Streams within the Chilcotin Forest District. < 1325 m - July 22 to August 15 > 1325 m - August 07 to August 15 15

16 In the event that fish species are not mentioned in the above table the following in-stream timing windows apply: Steelhead July 31 to August 15 Rainbow trout < 1325 m - July 22 to October 31 Rainbow trout > 1325 m - August 07 to October 31 Kokanee July 22 to August 31 Bull trout July 22 to August 15 Dolly Varden July 22 to August 15 Cutthroat trout < 1325 m - July 22 to October 31 Cutthroat trout > 1325 m - August 07 to October 31 Whitefish July 22 to August 31 Chiselmouth site specific 16