• (d) if authorized by the MNR Designated Representative under (a) above to undertake Activities that include excavation of sediment or disturbance of banks, in addition to any other measures required under (b) above, ensure any person undertaking an Activity has at least two Holding Tubs on-site at all times.

10.2. Section 10.1 does not apply where the applicable Drainage Works are:

1. in a naturally dry condition;
2. classified as a Class F drain in DFO's Class Authorization System for the Maintenance of Agricultural Municipal Drains in Ontario (ISBN 0-662-72748-7); or
3. a closed drain. 
   
   

11. Measures for Encounters with Turtles During a Sensitive Period 

• 11.1. Where one or more individuals belonging to a turtle Species is encountered in the undertaking of an Activity in any part of a Work Zone (including, but not limited to, a Sensitive Area) during a Sensitive Period for that Species, the Municipality shall:
  
  
  1. capture and transfer all uninjured individuals of that Species into a Holding Tub;
  2. capture and transfer all individuals injured as a result of the Activities into a Holding Tub separate from any Holding Tub containing uninjured individuals;
  3. ensure that the Holding Tubs with the captured individuals are stored at a cool temperature to prevent freezing until the individuals can be transferred; and
  4. immediately Contact the MNR to seek direction and to arrange for the transfer of the individual turtles 

12. Measures for Encounters with Turtles Laying Eggs or Nest Sites 

• 12.1. Where one or more individuals belonging to a turtle Species laying eggs, or an active nest site of any turtle Species, is encountered in undertaking an Activity in a Work Zone, the Municipality shall:
  
  
  1. not disturb a turtle encountered laying eggs and not conduct any Activities within 20 meters of the turtle while it is laying eggs;
     
     
  2. collect any displaced or damaged eggs and capture any injured dispersing juveniles and transfer them to a Holding Tub;
  3. store all captured injured individuals and collected eggs out of direct sunlight;
     
     
  4. immediately Contact the MNR to seek direction and to arrange for the transfer of any injured individuals and eggs;
     
     
  5. immediately stop any disturbance to the nest site and recover exposed portions with soil or organic material to protect the integrity of the remaining individuals;
     
     
  6. not drive any equipment over the nest site or conduct any Activities within 5 meters of the nest site;
     
     
  7. not place any dredged materials removed from the Drainage Works on top of the nest site;
     
     
  8. mark out the physical location of the nest site for the duration of the project but not by any means that might increase the susceptibility of the nest to predation or poaching; and
     
     
  9. where there are no collected eggs or captured individuals, record relevant information and Contact the MNR within 72 hours to provide information on the location of the nest site.