Specific Standards and Best Practices:
Emergency Works

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Background

Emergency instream works are specifically defined in the British Columbia Water Act Regulation (Subsections 44 (o & p)). “Emergency Works” include erosion or flood protection works during a “flood emergency” declared under the British Columbia Emergency Program Act, or works to clear an obstruction from a bridge or culvert “during a flood event when there exists a potential danger to life or property”. Both types of work are either conducted by the Crown, its’ agents, or a municipality.

Unfortunately the Regulations do not address all high-risk emergency situations or those works that require attention prior to the next flood event to ensure that they do not become high risk. A protocol to manage these other emergency situations is proposed under the best practices in this section.

Objectives

To ensure that emergency works are conducted without further damage or risk to human life or property while avoiding or mitigating the higher potential risk to fish and wildlife populations and habitats posed by completing emergency works.

Standards for Emergency Works

All instream works for which you are submitting instream works notifications or approvals must be compliant with the General Standards as listed in the Standards and Best Practices section of this document for:

• Compliance with Other Legislation;
• Land Ownership;
• Public safety;
• Completion of work;
• Protection of water quality;
• Protection of Species and Habitat; and
• Protection of other water users.

Specific Standards associated with this type of work (Water Act Regulation Section 44(1)) authorize works completed as the following work types and under the following conditions:

Emergency Flood and Erosion Protection Works (Subsection 44(1)(o)):
the construction or placement of erosion protection works or flood protection works during a flood emergency, but not including restoration works, declared under the Emergency Program Act, under the direction of the Crown in right of British Columbia, or its agents, or by a municipality;

Flood Event Debris Removal (Subsection 44(1)(p):
the clearing of an obstruction from a bridge or culvert by the Crown in right of British Columbia, or its agents, or by a municipality during a flood event when there exists a potential danger to life or property.

Best Practices

Best Practices Protocol to Manage Emergency Works and to Mitigate Impacts During Their Construction

The following protocol is recommended to manage all potential emergency works that require either immediate, Type 1, or imminent, Type 2 completion of works either outside or within the recommended instream work window:

Type 1 emergencies are situations that require immediate attention during a flood event or as designated under the Provincial Emergency Program. These situations have caused, or present in the immediate future (i.e. within 24 hours), a high potential danger to human life, significant damage to property, or significant adverse impacts to fish or wildlife populations or their habitats.

Type 2 emergencies are situations that require attention in the near future, immediately prior to the next flood event. These situations would present a high potential danger to human life, significant damage to property, or significant adverse impacts to fish or wildlife populations or their habitats if not addressed immediately prior to the next flood event.

An appropriately qualified professional should confirm all emergency works. Once confirmed all emergency works should follow the protocols for the type of emergency as outlined below:

Type 1 Emergency Protocol

• Local government, or crown agency operations staff, or their agents should commence works immediately as necessary to alleviate the emergency and immediately advise their appropriately qualified professional(s) monitor at any time of day, and any day of the week;
• During the completion of works, operations staff or their agents should incorporate the standards and best practices appropriate to the type of instream works being competed to ensure the protection of fish and wildlife populations and habitats;
• The monitoring professional(s) should attend the site immediately to conduct salvages and to ensure environmental protection measures are designed, constructed or installed, and maintained appropriately, and he/she/they should remain at the site full-time to monitor the works until completion;
• Only works necessary to mitigate the emergency should be completed. Any remaining works should be deferred until the next instream work window or conducted through the regular process;
• The monitoring professional(s) must notify WLAP, DFO and any other appropriate agencies by fax & phone within 72 hours. The professional(s) should include in their communication the use of this protocol, the technical rationale for justification of the proposed emergency works, the information associated with the notification, and any special mitigating best practices used for completing the works outside the instream work window if appropriate. Agency staff may visit the site, after receipt of the notification.

Type 2 Emergency Protocol

• Local government, or crown agency operations staff, or their agents should advise their appropriately qualified professional(s) monitor during the first and available office hours:
• Only works necessary to mitigate the emergency should be proposed. Any remaining works should be deferred until the next instream work window, or conducted through the regular process;
• The proposed works should be scheduled to be completed prior to the next flood event, and should be designed to incorporate the recommended standards and best practices appropriate to the type of instream works proposed. If appropriate, special mitigative measures should be incorporated into the design to reduce the risks of working outside the instream work window;
• The monitoring professional(s) must notify WLAP, DFO and any other appropriate agencies by fax & phone and include all design, plans and mitigation documents. The professional(s) should include in their communication the use of this protocol, the technical rationale for justification of the proposed emergency works, the information associated with the notification, and any special mitigating best practices used for completing the works outside the instream work window. Agency staff may visit the site, after receipt of the notification;
• The monitoring professional(s) should meet on-site with agency staff if available to review the design(s), associated plans and proposed works. Any additional best practices should be discussed and agreed to during the site visit. Works should then be completed prior to the next flood event;
• The monitoring professional(s) should attend the site prior to conducting any instream works to complete salvages, and to ensure environmental protection measures are constructed, installed and maintained appropriately, and then to monitor the works full-time until completion.

Operational Best Practices

Emergency works are a higher potential risk to fish and wildlife populations and habitats. The following operational best practices should be addressed in the planning, design and completion of all proposed emergency instream works.

Monitoring

• All emergency works should be monitored fulltime by an appropriately qualified professional(s) knowledgeable and experienced in monitoring the particular type(s) of works. Due to the sensitivity of conducting works during potentially high risk periods to fish and wildlife populations and habitats, the monitoring of works should be conducted by an appropriately qualified professional(s) with extensive related experience in sediment, erosion and run-off control techniques, as well as salvage, and other fish and wildlife population mitigation techniques.
• The monitor should complete a written report for the proponent within 10 working days of completion of the majority of works. The report should include the following:
  • Detailed accounts of the completion of works with milestone events;
  • Confirmation of the use of standards and recommended best practices, or supported alternatives through an appropriate professionals’ supported signed, and sealed technical rationale(s);
  • Confirmation of the consistency of the completed works with the Notification submitted;
  • Fish and wildlife protection mitigation difficulties encountered, and how those difficulties were managed, and
  • Outstanding issues with the Notification, how and when those activities will be completed and confirmed, and how and when they will be reported.
• A final copy of the report(s) should be provided to the proponent, a copy retained by the environmental monitor, a copy forwarded to WLAP to be filed with the Notification, and a copy provided to any other agency(s) with jurisdiction.

For more information see Appendix I: Monitoring.

Timing of Works (Subsection 42(1)(a))

• If works are scheduled for fish-bearing streams or if fish presence in the watercourse in not known, work should be scheduled, if possible, during the instream reduced risk work window approved for your region. To find out what the timing window requirements are for your area, contact your regional MOE office.
• Complete vegetation clearing for worksite within the vegetation clearing timing window, if possible.
• Complete the works as quickly as possible once started

For more information see Appendix II: Timing of Works.

Deleterious Substance Control/Spill Management (Subsections 41(a)(b) & 42(1)(d))

• Prevent the release of silt, sediment or sediment-laden water, raw concrete or concrete leachate, or any other deleterious substances into any ditch, watercourse, and ravine or storm sewer system. The recommendations for sediment and erosion control outlined in the Land Development Guidelines for the Protection of Aquatic Habitat (Chilibeck et al, 1992) can also be used for reference.
• Ensure equipment and machinery is in good operating condition (power washed), free of leaks or excess oil and grease. No equipment refueling or servicing is to be undertaken within thirty (30.0) metres of any watercourse or surface water drainage
• Ensure all hydraulic machinery to be used instream uses environmentally sensitive hydraulic fluids which are non-toxic to aquatic life, and which are readily or inherently bio-degradable
• Keep a spill containment kit readily accessible on-site in the event of a release of a deleterious substance to the environment. Immediately report any spill of a substance toxic to aquatic life of reportable quantities to the Provincial Emergency Program 24 hour phone line at 1-800-663-3456
• Do not use treated wood products in any construction below the high water mark of the stream channel to prevent the release of preservatives toxic to fish.

For more information see Appendix III: Deleterious Substance Control/Spill Management.

Concrete Works (Subsections 41(e) & 42(d))

• As concrete leachate is alkaline and highly toxic to fish and other aquatic life, ensure that all works involving the use of concrete, cement, mortars, and other Portland cement or lime-containing construction materials (concrete) will not deposit, directly or indirectly, sediments, debris, concrete, concrete fines, wash or contact water into or about any watercourse. Concrete materials cast in place must remain inside formed structures.
• A CO₂ tank with regulator, hose and gas diffuser must be readily available during concrete work to neutralize pH levels should a spill occur.
• Provide containment facilities for the wash-down water from concrete delivery trucks, concrete pumping equipment, and other tools and equipment.
• Report immediately any spills of sediments, debris, concrete fines, wash or contact water to 1-800-663-3456. Implement emergency mitigation and clean-up measures immediately.
• Completely isolate all concrete work from any water within or entering into any watercourse or stormwater system.
• Monitor the pH frequently in the watercourse immediately downstream of the isolated worksite until completion of the works. Emergency measures will be implemented if downstream pH has changed more than 1.0 pH unit, measured to an accuracy of +/- 0.2 pH units from the background level, or is recorded to be below 6.0 or above 9.0 pH units.
• Prevent any water that contacts uncured or partly cured concrete during activities like exposed aggregate wash-off, wet curing, or equipment washing from directly or indirectly entering any watercourse or stormwater system.
• Isolate and hold any water that contacts uncured or partly cured concrete until the pH is between 6.5 and 8.0 pH units, and the turbidity is less than 25 nephelometric turbidity units (NTU), measured to an accuracy of +/- 2 NTU;

For more information see Appendix IV: Concrete Works.

Isolation of the Work Area (Subsections 42(b) & 44(x))

• Isolate your work area from all flowing water, but do not cut off flow to downstream portions of the stream at any time during construction.
• Temporarily divert, enclose or pump the water around the work site. Ensure the point of discharge to the creek is located immediately downstream of the work site to minimize disturbance to downstream populations and habitats;

For more information see Appendix V: Isolation of the Work Area.

Salvage of Fish and/or Wildlife (Subsection 42(1)(e)

• Complete a fish salvage for works on a fish bearing stream, or stream suspected to be fish bearing, prior to the start of works if any portion of the wetted channel will be isolated and/or dewatered. An appropriately qualified professional(s) must complete the salvage. It is the responsibility of the fish salvage crew to obtain the necessary permits required by the British Columbia Fisheries Regulations or Canada Fisheries Act prior to conducting the salvage activities;

For more information see Appendix VI: Salvage of Fish and/or Wildlife.

Sediment Control (Subsections 41(a)(b)(c) & 42 (1)(c)(d)(f))

• Ensure material, such as rock, riprap, or other materials placed on the banks or within the active channel or floodplain of the watercourse, is inert and free of silt, overburden, debris or other substances deleterious to aquatic life.
• Ensure machinery works from the bank of the stream and not in the stream channel to minimize impacts and to better enable mitigation of sedimentation.
• Minimize the disturbance to existing vegetation on and adjacent to the stream banks.
• Place sediment control measures before starting any works which may result in sediment mobilization.
• Construct any ditches, water bars or water diversions within the work area so they do not directly discharge sediment-laden surface flows to the stream. Divert such flows to a vegetated area where flows can slowly infiltrate.
• Remove excavated material and debris from the site or place it in a stable area above the high water mark or active floodplain of the stream, as far as possible from the channel.
• Protect this material from erosion and reintroduction to the watercourse by using mitigating measures including, but not limited to covering the material with erosion blankets or seeding/planting with native vegetation.
• When material is moved off-site, dispose of it in such a manner as to prevent its entry into any watercourse, floodplain, ravine, or storm sewer system;

For more information see Appendix VII: Sediment Control.

Vegetation Management (Subsections 41(c) & 42 (f)(g))

• Use native trees, shrubs, and herbaceous plants that are appropriate to the site conditions to revegetate and replace impacted riparian vegetation.
• Limit vegetation clearing for access and at your work area.
• Consider other options when contemplating the need to remove vegetation. It is very often not the best choice for fish and wildlife habitat and species.
• If you are proposing to top or remove trees, have the trees within 15 meters of either creek assessed by an ISA certified arborist to determine the presence and nature of the hazard.
• Where the danger can be removed by topping or removal of the dead limb this should be undertaken in preference to removal of the entire tree.
• Where the entire tree must be removed then the tree replacement criteria should be applied. In this regard a report outlining the findings of the arborist and the number and locations for planting replacement vegetation including a three-year monitoring program for the replacement vegetation must be provided to and approved by DFO.
• Also in consideration of the importance of large woody debris to the stream/fish habitat and the importance of large diameter trees to wildlife populations, the stub of the trees should be retained where it is deemed safe to do so. In forestry operations a safe tree stub height is 3-5 meters in height. For further information in this regard contact the WCB.
• All trees should be felled or topped so that the branches do not enter the stream channel. If any branches do inadvertently end up in the channel they should be removed offsite to where they will not enter the channel during high flows. Removal of limbs from the channel must be completed in a manner that will not disturb fish habitat and salmon eggs within the gravel.
• Where falling across the stream cannot be avoided because of safety reasons (faller safety, buildings etc) and all methods of tree removal have been considered but cannot be safely employed, the tree can be felled across the stream. Removal of the felled tree must be completed in a manner that does not damage the banks and the bed of the stream. Where possible to do so the trunk should be retained as large woody debris within the riparian zone.
• Unless there is an immediate threat to life and limb, the tree should be felled away from the channel, and removal should take place within the instream work window for the creek in question to avoid damage to spawning fish or eggs within the gravel.
• Equipment used for vegetation removal should comply with this document’s listed best practices for deleterious substance control.
• Monitoring of riparian buffers should be completed on a regular basis so that danger trees/limbs can be identified prior to the instream window to minimize impacts to fish and allow works to proceed within the window should work be necessary adjacent to the channel.

For more information see Appendix VIII: Vegetation Management.

Restoration of the Site (Subsections 41(a)(c) & 42(1)(c)(f)(g))

• Protect disturbed soil areas on the banks and areas adjacent to the stream from surface erosion by hydroseeding with a heavy mulch, tackifier, seed mix or by installing erosion blankets;
• Grade disturbed areas within thirty (30) metres of the top of the bank to a minimum 2 (horizontal):1 (vertical) slope and stabilize upon completion of the work. These areas should also be revegetated to prevent surface erosion and subsequent siltation of the watercourse.
• Restore all in-channel or active floodplain habitats that have been disturbed during the completion of works to a condition that is enhanced from their original state. The restoration will be consistent with a no-net-loss of fish and wildlife habitat.

For more information see Appendix IX: Restoration of the Site.

Other Types of Instream Work | Summary: Your Next Steps

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