5.3 MITIGATION REQUIREMENTS

In order to protect fish and fish habitat, and ensure that the construction works are in compliance with all relevant legislation, the mitigation measures (measures to avoid causing harm to fish and fish habitat) as summarized below must be adhered to. The sections that follow are provided for the information of the Contractor whose responsibility it is to ensure that all mitigations are implemented and work effectively for the duration of the Healy Drain works to ensure that no serious harm comes to fish or fish habitat.

5.3.1 Requirements for Construction in Waterbodies and Waterbody Banks

Environmental protection for construction in waterbodies and waterbody banks shall be conducted in accordance with OPSS 182 which includes:

• Design and implement isolation/containment plan to delineate temporary in-water work zones to allow work in the dry and maintain clean flow downstream/around the work zone at all times;

• Plan activities near water such that materials such as paint, primers, blasting abrasives, rust solvents, degreasers, grout, poured concrete or other chemicals do not enter the watercourse;

• Ensure that building material used in a watercourse has been handled and treated in a manner to prevent the release of leaching of substances into the water that may be deleterious to fish;

• The limit of any area to be disturbed shall be clearly marked prior to the commencement of work;

• Clearing of riparian vegetation in areas of the drain to be retained should be kept to a minimum;

• Capture any fish trapped within an isolated/enclosed area at the work site and safely relocate them to an appropriate location in the same waters (must be completed by a qualified fisheries biologist). Fish may need to be relocated again, should flooding occur on the site;

• All equipment used for the work in and around waterbodies shall be free of excess fuel, lubricants, coolant and any other contaminants that could enter the waterbody;

• Vehicles and equipment shall not enter or be operated in waterbodies or on waterbody banks or in riparian vegetation areas with the exception of those areas of Healy Drain to be infilled;

• Vehicular and equipment maintenance and refueling shall be conducted as far away from waterbodies, waterbody banks and riparian vegetation areas as possible and practicable, and shall be controlled to prevent any discharge of equipment fuels and fluids onto the ground or into waterbodies;

• All stockpiled materials, including but not limited to excavated overburden and topsoil, excess materials, construction debris and containers shall be stored and stabilized in a manner that prevents them from entering any waterbody;

• All materials used to provide environmental protection shall not contain deleterious substances;

• Develop a response plan that is to be implemented immediately in the event of a sediment release or spill of a deleterious substance and keep an emergency spill kit on site; and

• The Contract Administrator shall monitor construction activities in and around watercourses and ensure all related mitigation measures are properly installed and maintained, and are functioning effectively.

5.3.2 Requirements for Control of Water from Dewatering Operations

The control of water from dewatering operations is to be conducted in accordance with OPSS 518 which includes:

• Dewatering operations shall be directed to a sediment control device or natural attenuation area prior to discharge to watercourses, if a natural attenuation area is used, a minimum 30m setback shall be maintained from the receiving watercourse;

• When temporary flow control must be undertaken for the work it shall be in accordance with OPSS 185;