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.
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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.
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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.
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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.
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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.
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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).
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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.
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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.
Refer to the SARO List web page to determine if a General Habitat Description is
available for the species encountered and if so, 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.
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.
Refer to the SARO List web page to determine if a General Habitat Description is
available for the species, and if so, implement the buffer zone indicated.
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If no MNRF guidance on a buffer zone is available, contact a qualified person to
determine a protective buffer zone.
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.
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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.
2 ADDITIONAL REFERENCES
OPSS 182 General Specification for Environmental Protection for Construction in and
Around Waterbodies and on Waterbody Banks
3 MAINTENANCE PROCEDURES
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.
Likely Impacted Species at Risk Groups
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.
MTO Best Management Practices for Species at Risk Protection During Maintenance Activities
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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.
Operational Constraints and Protection Measures
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.
MTO Best Management Practices for Species at Risk Protection During Maintenance Activities
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.
MTO Best Management Practices for Species at Risk Protection During Maintenance Activities
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:
Standard BMP for Screening the Work Area for Species at Risk and Habitat; and
Standard BMP For All Maintenance Activities; and
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
provincial species at risk.
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
3 MAINTENANCE PROCEDURES
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.
Likely Impacted Species at Risk Groups
Birds (Barn Swallow); Fish* and Mussels*; Mosses, Lichens, and Vascular Plants;
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.
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
MTO Best Management Practices for Species at Risk Protection During Maintenance Activities
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.
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.
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.
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.
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.
Altered water levels may damage or destroy habitat, strand species, increase
erosion of stream banks and streambeds, and increase the transport of sediment
downstream.
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.
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.
MTO Best Management Practices for Species at Risk Protection During Maintenance Activities
29
Operational Constraints and Protection Measures
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
Bridge maintenance activities should be scheduled to avoid wet and rainy
periods and in-water work should be conducted during low flow conditions.
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’ table):
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
MTO Best Management Practices for Species at Risk Protection During Maintenance Activities
30
For species at risk fish and mussels, implement MTO Best Management
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’.
Apply the ‘Standard BMP for All Maintenance Activities’ where applicable.
MTO Best Management Practices for Species at Risk Protection During Maintenance Activities
31
DITCHING AND DITCH CLEAN OUT
To avoid or minimize impacts to species at risk and their habitat 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: 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
provincial species at risk.
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.
2 ADDITIONAL REFERENCES
OPSS 182 General Specification for Environmental Protection for Construction in and
Around Waterbodies and on Waterbody Banks
3 MAINTENANCE PROCEDURES
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.
Likely Impacted Species at Risk Groups
Amphibians; Birds (ground-nesters); Fish* and Mussels*; Mammals (American Badger); Mosses, Lichens, and Vascular Plants; Snakes and Lizards; 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.
MTO Best Management Practices for Species at Risk Protection During Maintenance Activities
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
likelihood of interactions with vehicles on the road surface or within the right-of-
way.
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.
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.
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.
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.
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.
MTO Best Management Practices for Species at Risk Protection During Maintenance Activities
33
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.
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.
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.
Operational Constraints and Protection Measures
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
Ditch maintenance activities should occur during dry weather and when heavy or
persistent precipitation is not expected to occur.
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’ table).
MTO Best Management Practices for Species at Risk Protection During Maintenance Activities
34
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: Ditch Maintenance Within 30 Metres of a
Waterbody.
Apply the ‘Standard BMP for All Maintenance Activities’ where applicable.
MTO Best Management Practices for Species at Risk Protection During Maintenance Activities
35
DUST SUPPRESSION
To avoid or minimize impacts to species at risk and their habitat using this BMP
process, there are three (3) 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: Dust Suppression (below).
1 SCOPE
This BMP applies to dust suppression activities within work areas that may contain
provincial species at risk.
Dust suppression may include the following activities:
Application of chemical or water dust suppressant;
Mechanical scarification of the road surface.
2 ADDITIONAL REFERENCES
OPSS 182 General Specification for Environmental Protection for Construction in and
Around Waterbodies and on Waterbody Banks
3 MAINTENANCE PROCEDURES
It is important to exercise caution when proceeding with work in areas that contain
species at risk to avoid or minimize impacts to species.
Likely Impacted Species at Risk Groups
Fish and Mussels; Snakes and Lizards; Turtles
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.
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
MTO Best Management Practices for Species at Risk Protection During Maintenance Activities
36
road mortality during this sensitive time. Further, heavy machinery travelling over
nests may impact the species.
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.
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.
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.
Operational Constraints and Protection Measures
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
Dust suppression activities should occur during dry weather and should not take
place during rainfall events.
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’ table).
MTO Best Management Practices for Species at Risk Protection During Maintenance Activities
37
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
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.
Apply the ‘Standard BMP for All Maintenance Activities’ where applicable.
MTO Best Management Practices for Species at Risk Protection During Maintenance Activities
38
EROSION CONTROL AND WASHOUT REPAIR
To avoid or minimize impacts to species at risk and their habitat using this BMP
process, there are three (3) 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: 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’
2 ADDITIONAL REFERENCES
OPSS 182 General Specification for Environmental Protection for Construction in and
Around Waterbodies and on Waterbody Banks
3 MAINTENANCE PROCEDURES
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.
Likely Impacted Species at Risk Groups
Fish* and Mussels*; Mosses, Lichens, and Vascular Plants; Snakes and Lizards; Turtles
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
MTO Best Management Practices for Species at Risk Protection During Maintenance Activities
39
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.
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.
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.
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 erosion control and washout repair activities.
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.
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.
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.
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.
MTO Best Management Practices for Species at Risk Protection During Maintenance Activities
40
Operational Constraints and Protection Measures
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
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.
Apply the ‘Standard BMP for All Maintenance Activities’ where applicable.
MTO Best Management Practices for Species at Risk Protection During Maintenance Activities
41
FACILITIES MAINTENANCE
To avoid or minimize impacts to species at risk and their habitat using this BMP
process, there are three (3) 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: Facilities Maintenance (below).
1 SCOPE
This BMP applies to facilities maintenance activities within work areas that may contain
provincial species at risk.
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
2 ADDITIONAL REFERENCES – Not Used
3 MAINTENANCE PROCEDURES
It is important to exercise caution when proceeding with work in areas that contain
species at risk to avoid or minimize impacts to species.
Likely Impacted Species at Risk Groups
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).
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.
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.
MTO Best Management Practices for Species at Risk Protection During Maintenance Activities
42
Operational Constraints and Protection Measures
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
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’ table):
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
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.
Apply the ‘Standard BMP for All Maintenance Activities’ where applicable.
MTO Best Management Practices for Species at Risk Protection During Maintenance Activities
43
GENERAL DRAINAGE MAINTENANCE
To avoid or minimize impacts to species at risk and their habitat using this BMP
process, there are six (6) 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: 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
provincial species at risk.
General drainage maintenance may include the following activities:
Culvert clean out
Ditch inlet and outlet, and catch basin clean out
Curb and gutter repair
2 ADDITIONAL REFERENCES
OPSS 182 General Specification for Environmental Protection for Construction in and
Around Waterbodies and on Waterbody Banks
3 MAINTENANCE PROCEDURES
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.
Likely Impacted Species at Risk Groups
Amphibians; Birds (Barn Swallow); Fish* and Mussels*; Mosses, Lichens, and Vascular
Plants; Snakes and Lizards; 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.
MTO Best Management Practices for Species at Risk Protection During Maintenance Activities
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
likelihood of interactions with vehicles on the road surface or within the right-of-
way.
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.
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.
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.
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’.
MTO Best Management Practices for Species at Risk Protection During Maintenance Activities
45
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.
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.
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.
Operational Constraints and Protection Measures
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
Schedule the activity to take place during dry conditions when no flowing water is
present in culverts.
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’ table).
MTO Best Management Practices for Species at Risk Protection During Maintenance Activities
46
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 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.
MTO Best Management Practices for Species at Risk Protection During Maintenance Activities
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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’.
Apply the ‘Standard BMP for All Maintenance Activities’ where applicable.
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MAINTENANCE OF FENCES, SIGNS, GUIDE RAILS, PAVEMENT, AND
OTHER HIGHWAY INFRASTRUCTURE
To avoid or minimize impacts to species at risk and their habitat using this BMP
process, there are three (3) 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: 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
3 MAINTENANCE PROCEDURES
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.
Likely Impacted Species at Risk Groups
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
MTO Best Management Practices for Species at Risk Protection During Maintenance Activities
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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.
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 that may increase soil
erosion and dust, and alter the light regime.
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.
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.
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’.
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.
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.
MTO Best Management Practices for Species at Risk Protection During Maintenance Activities
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Operational Constraints and Protection Measures
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
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’ table):
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
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.
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NON-STRUCTURAL CULVERT REPLACEMENTS
To avoid or minimize impacts to species at risk and their habitat 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: 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.
2 ADDITIONAL REFERENCES
OPSS 182 General Specification for Environmental Protection for Construction in and
Around Waterbodies and on Waterbody Banks
3 MAINTENANCE PROCEDURES
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.
MTO Best Management Practices for Species at Risk Protection During Maintenance Activities
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Likely Impacted Species at Risk Groups
Birds (Barn Swallow); Fish* and Mussels*; Mosses, Lichens, and Vascular Plants;
Snakes and Lizards; 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.
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.
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.
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.
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.
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.
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.
MTO Best Management Practices for Species at Risk Protection During Maintenance Activities
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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.
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.
Operational Constraints and Protection Measures
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.
MTO Best Management Practices for Species at Risk Protection During Maintenance Activities
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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.
Work should be scheduled to avoid times that species are likely to be carrying
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
For species at risk fish and mussels, implement MTO Best Management
Practices Manual for Fisheries: Culvert Replacement/Extension.
Apply the ‘Standard BMP for All Maintenance Activities’ where applicable.
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SALT AND SAND STORAGE FACILITY LOADING
To avoid or minimize impacts to species at risk and their habitat using this BMP
process, there are three (3) 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: Salt and Sand Storage Facility Loading (below).
1 SCOPE
This BMP applies to facilities and stock piles within work areas that may contain
provincial species at risk.
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.
2 ADDITIONAL REFERENCES
MTO Salt Management Plan
3 MAINTENANCE PROCEDURES
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.
Likely Impacted Species at Risk Groups
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
and may be impacted by use of machinery, materials, and by human presence
(e.g. boots on the ground). Mosses, lichens, and vascular plants may also be
MTO Best Management Practices for Species at Risk Protection During Maintenance Activities
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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’.
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 sand and salt loading near suitable habitat.
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.
Physical impacts from use of machinery on land may pose a risk to individual
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.
Operational Constraints and Protection Measures
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.
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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.
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’ table):
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
Immediately transfer sand that has been unloaded outside of the storage facility
to inside the storage facility.
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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.
Apply the ‘Standard BMP for All Maintenance Activities’ where applicable.
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SHOULDERING AND GRADING
To avoid or minimize impacts to species at risk and their habitat using this BMP
process, there are three (3) 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: 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.
2 ADDITIONAL REFERENCES – Not Used
3 MAINTENANCE PROCEDURES
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.
Likely Impacted Species at Risk Groups
Turtles; Snakes, and Lizards
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.
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
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attracted to man-made structures (e.g. crevices, culverts, bridge footings) as
potentially suitable shelter or hibernation habitat.
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.
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.
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.
Operational Constraints and Protection Measures
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
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’):
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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
Apply the ‘Standard BMP for All Maintenance Activities’ where applicable.
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VEGETATION MANAGEMENT
To avoid or minimize impacts to species at risk and their habitat using this BMP
process, there are three (3) 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: 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
2 ADDITIONAL REFERENCES – Not Used
3 MAINTENANCE PROCEDURES
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.
Likely Impacted Species at Risk Groups
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
likelihood of interactions with vehicles on the road surface or within the right-of-
way.
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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.
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.
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.
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.
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.
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.
Operational Constraints and Protection Measures
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
Work should be scheduled to avoid times that species are likely to be carrying
out a life process related to hibernation, reproduction, and rearing.
For mowing, brush control, tree maintenance, and shrub maintenance activities,
where operationally feasible, schedule work to occur at the following times (see
‘timing of work window’ table).
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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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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
Mow to a minimum height of 20 cm to prevent harm to species.
Apply the ‘Standard BMP for All Maintenance Activities’ where applicable.
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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.
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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
out a life process related to hibernation, reproduction, and rearing.
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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