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Follow us @BowRiverWPAC facebook.com/BowRiverBasinCouncil www.brbc.ab.ca Volume 21 | Issue 2 June 2021 BRBC Workshop Summary: Gravel Pit Impacts on Watershed Resilience – The Approval Process and the Science

Dr. Judy Stewart, Chair Environment and Parks (AEP) Expectations and processes for BRBC Legislation and Policy Committee presented an introduction on the applications will be laid out clearly [email protected] "Gravel Pits Approval Process on for proponents in a digital system Private and Public Land." This included that is data and geo-spatially driven. information about the emerging Data provision and collection Earlier this year, in place Regulatory Assurance Framework, as during application and operation of their annual in-person well as how an operator of a pit would will provide understanding of the plan for, apply for and operate a pit on activity and environmental context workshop, the BRBC both private and public land. throughout the lifetime of a project. Legislation and Policy Committee held a two-part The Regulatory Assurance Collection of information Framework being developed will specific to identified outcomes online workshop, "Gravel modernize AEP’s environmental and requirements occurs during Pit Impacts on Watershed regulatory system, and provides a application and throughout the Resilience." foundation for enabling economic Operate and Report phase. Where development while ensuring a proposed activity hits triggers, environmental outcomes. The further risk assessment and review stages of the system are Discovery, Part 1, held on March 12, focused Application, Review, Decision, Operate on approval processes for reviewing and Report and Closure. The strategic Continued on page 2 and approving gravel pit operations shift will have more focus on accurate on both private and public land, and and complete applications and was attended by over 75 participants. operation and reporting phases than IN THIS Part 2, held on April 13, presented a in the past. scientific perspective to impacts of Issue gravel pits on watershed resilience, The Digital Regulatory Assurance 1 BRCB Legislation & Policy and about 60 people participated in System will be the technological Committee Workshop Summary that workshop. backbone of the transformed 4 City of Stormwater regulatory system, enabling clear Project - Park Part 1 Summary application expectations, expedient Wetland decision making and straightforward 8 AGENDA: BRBC June Forum Julie Self and Terrina Perley from environmental monitoring. “... while a draft guide for the Surface Water Body Aggregate Policy Page 2 has been developed, approval to release the draft is underway.”

Continued from page 1 are required. Additional monitoring and reporting requirements may be required throughout lifetime of the activity. Closure and reclamation processes were also discussed briefly.

Terrina provided an overview of the laws, regulations, guidelines and codes of practice that are applicable to pits on both private and public lands. This included highlighting differences in regulation between public and private lands, and where the rules are applicable regardless of the type of land, such as in the case of floodplains Photo: Mike Murray and the Water Act. As well, she provided a link to the Authorization Viewer that citizens can access to find when reviewing applications for provided many insights into the approval documents for Water Act and development permits for gravel pits rigour used by gravel pit companies EPEA approvals (https://www.alberta. unless they have specifically created to determine if there are sufficient ca/authorizations-issued-under-the- policies and procedures in that regard gravel deposits to make an application wateract-or-epea.aspx), and noted such as aggregate development worthwhile from an economic that there is also a tab that provides policies, development setbacks standpoint. Lesley also went through information on Public Notices under from water, policy overlays or other the complex application process that the Water Act. Of particular interest similar planning documents.’ AEP is operators must follow when applying to participants, Terrina explained that the regulatory body that approves to develop and operate a pit near while a draft guide for the Surface disturbances of water bodies and a water body. Lesley’s information Water Body Aggregate Policy has been use of water in gravel operations. included the consultation process developed, approval to release the She explained that there are many both before and after approvals have draft is underway. gaps in the approval system and been issued. She also explained the that it is difficult for citizens to reclamation and closure process from navigate through the complexity and an operator’s perspective. Judy Stewart then provided a brief overlapping laws, regulations, bylaws, overview of a paper she wrote for the codes of practice and policies, such Canadian Institute of Resources Law Part 2 Summary as the Surface Water Body Aggregate in 2019 entitled "A Citizen’s Guide Policy. to Aggregate Extraction in Alberta." The workshop about approval The paper is written for Albertans processes set the stage for discussing who are trying to navigate through Finally, Lesley Foy from the the impacts of gravel pit operations the complex regulatory system for Alberta Sand and Gravel Association on water bodies and groundwater gravel pit approvals. Judy covered presented "Applying to Operate a systems from a scientific perspective. off some of the more common Pit - The Process and Considerations First up were a trio of experts from the issues faced by municipal councils When Near a Water Body." Lesley Department of Fisheries and Oceans when deciding to approve gravel explained that applicants for gravel (DFO), Raymond Jolicoeur, Lee-Ann pits on private lands where adjacent pit approvals follow the processes Smith & Brandi Mogge who presented landowners may be impacted by provided by provincial regulators and operations. She explained that municipal development authorities ‘generally, municipalities do not where the land is located, as well as address the proximity to water issues their own company process policies Continued on page 3 and procedures. Lesley’s presentation

“... decision makers need to take a precautionary approach to approving gravel operations near water bodies.” Page 3

Continued from page 2 an “Overview of the Fisheries Act, Participants were directed to the Authorization and/or Species at Risk Species at Risk Act, DFO’s Organization federal webpage “Projects Near permit is required, DFO will notify the and Regulatory Review Process.” Water” at https://dfo-mpo.gc.ca/ proponent. DFO will work with the Raymond gave a brief overview of pnw-ppe/index-eng.html. This site proponent to guide them through the significant changes to the Fisheries has been set up to provide general application process. Lee Ann provided Act since 2019 that are aimed at information about the new Fisheries helpful information on properly restoring protections for fish and fish Act provisions that protect fish and completing the review forms to ensure habitat, namely, incorporating modern fish habitat, including information they avoid unnecessary delays in the safeguards, reducing regulatory on how to request a project review review process. One glitch in the burden and providing clarity around or authorization. It also provides current system is that the form only project development. He explained guidance on how to avoid impacts functions with Internet Explorer and that definitions in the Fisheries Act to fish and fish habitat and identifies this problem is being addressed. were updated. For instance, "fish a systematic process on how to habitat" was modified to include determine when to submit a project Brandi Mogge then fielded several “water frequented by fish” whether or for DFO review. While the website questions from the audience and not the water is currently fished. The provides guidance, the obligation later participated in the panel definition also includes areas that fish is nevertheless on the proponent to discussion providing clarification on a depend on, directly or indirectly, in uphold the law. If death of fish or number of important issues raised by order to carry out their life processes HADD cannot be avoided, the project participants. must be submitted to DFO for review. (e.g., a riparian zone that provides food and cover). All waters in Canada Dr. Jon Fennell presented on "The where fish are found are included. Raymond explained that DFO also physics and chemistry of gravel There was a return to the former reviews projects under the Species at mining: what you need to know before prohibitions against “death of fish” Risk Act (SARA) for projects near water. agreeing with such developments." and “harmful alteration, disruption or When planning a project, the DFO Jon suggested that decision makers destruction” (also known as HADD) of Species at Risk mapping tool should need to take a precautionary approach fish habitat. The definition for HADD be reviewed at https://www.dfo-mpo. to approving gravel operations includes any temporary or permanent gc.ca/species-especes/sara-lep/map- near water bodies. He introduced a change to fish habitat that directly carte/index-eng.html. If a project has possible methodology for reviewing or indirectly impairs the habitat’s the potential to result in prohibited applications that would take a capacity to support one or more life effect to aquatic species at risk or step-wise approach, and would processes of fish. Ray pointed out that critical habitat then it will also need to use aggregate setbacks to address Section 38 of the Fisheries Act includes be reviewed by DFO. ecosystem sensitivity and associated the Duty to Notify and Take Corrective risks to society should impacted Measures. In Alberta, if something Lee Ann advised that all Request for floodplains and natural infrastructure happens that causes, or is about to Review forms are to be sent to the Fish become unable to function properly. cause, the death of fish, HADD, or and Fish Habitat Protection Program involves the deposit of deleterious (Triage unit) at fisheriesprotection@ substances, DFO can be notified Jon explained that floodplains are dfo-mpo.gc.ca. It is a streamlined, through their Triage Unit at: 1-855- dynamic systems. When working ‘one window,’ integrated regulatory 852-8320 or fisheriesprotection@ below the water table, there are review process. Triage assesses dfo-mpo.gc.ca. If a spill/deposit of numerous risks to society associated the Request for Review form using deleterious substance occurs, the with extracting gravel from these the Fisheries Act, SARA, and Aquatic Environmental and Dangerous Goods erosion hazard areas. Gravel Invasive Species Regulations (AIS). Emergencies line should be called at extraction may flatten the water The proponent receives Fisheries 1-800-872-9600. Staff will contact table in the vicinity of operations Act and SARA approvals, and AIS DFO if it is suspected that the spill will advice, in one package. DFO will cause death of fish or HADD. notify the proponent if a Site Specific Continued on page 4 Review is required. If a Fisheries Act “... Gravel extraction...impacts the river’s health at a geomorphological Page 4 Page 4 level that will take the river system centuries to heal.”

Continued from page 3 which could impact water quantity in as higher magnitude floods in the of human activity that impacts the streams and water wells. Operations spring and early summer followed by river’s health at a geomorphological may also introduce metals and trace an increased frequency of drought. level that will take the river system elements into water bodies; these The structural integrity of floodplains centuries to heal. contaminants can become mobilized, needs to be protected because it is (turbidity can travel). There are also more financially feasible to maintain The biophysical characteristics of thermal effects and significant water them to provide ecosystem services to gravel bed river floodplains are similar quality changes associated with gravel address climate change events than to around the world. The gravel bed can extraction below the water table. attempt to restore them after gravel is be mapped on a longitudinal (up and removed. downstream), lateral (floodplain and Operations above the water table riparian land), vertical (groundwater in floodplains are also problematic, Dr. Harvey Locke’s talk, "Gravels are to surface water) and temporal because water tables under the structure of life: intact gravel bed (seasonal and over time) basis. Harvey floodplains fluctuate. He explained river floodplains are the ecological explained that protecting the riparian that ‘the mapped 1:100 flood hazard nexus of their landscapes for a wide landscape associated with gravel bed area of today is not the 1:100 flood range of species," finished off the rivers is critical to system integrity and hazard area of tomorrow’ and this workshop. Harvey talked about the sustainability. The patterns we see at needs to be kept top of mind. The as an example of a gravel the surface are manifestations of the physical removal of gravel and the bed river that is a living organism ecological dynamics within the living changes to water chemistry affect extending from valley wall to valley system. the natural filtration system. These wall throughout the system. The Bow changes affect water quality in surface River and associated riparian areas and The three talks were followed by a water bodies because chemicals from all the flora, fauna, energy, nutrients short panel discussion. operations and gravel washing may be and matter that exist in the system flushed into water bodies by rain and both above and below the surface snowmelt. act as a giant sponge. The gravels are Part 1 of the workshop helped a essential components of the sponge- number of watershed stewardship groups and citizens in the Bow River Jon explained that dewatering system. In the spring, the sponge becomes fully saturated and slowly Basin understand the application activities have a radius of influence review and approval processes and can capture surface water as a releases water throughout the summer and fall. The roots of trees and other currently used by federal, provincial result, pulling water back from the and municipal decision makers stream or removing the physical vegetation follow the water table and nutrients below the surface and make when a pit is proposed to operate structures so that water never gets near a water body. Part 2 helped to the water body. Dewatering, and the extent of the sponge visible at the surface. Harvey explained that the participants understand what is being associated groundwater and stream discovered and currently known about capture, denies water to aquatic water table can also well up to surface water bodies and this becomes visible the ecological dynamics in gravel systems that rely on these base flow beds and floodplains. The science contributions to function and survive. when nutrients are deposited at the surface from groundwater springs and presented supports that government seeps. decision makers need to take a Jon further explained that the ‘precautionary approach’ to approving impacts of pit operations on the gravel extraction in floodplains, interactions between groundwater Harvey said that dams are examples especially in light of climate change. and surface water are not well of human interactions in gravel bed Perhaps Jon’s step-wise review understood, and suggested that more rivers that cut off vital ecological flows process might be a starting point for studies of specific pits are required. and threaten ecological integrity and continued collaborative discussion He stressed that climate change watershed resilience. Once a dam among the general public, watershed is introducing extreme weather is removed, the river will attempt stewardship groups, operators and conditions into our watersheds, such to slowly restore itself over time. decision makers. Gravel extraction is another example Page 5 City of Calgary Stormwater Quality Project Awarded 2020 Alberta Emerald Award

Bernard Amell Co-owner, Source2Source Inc. [email protected]

Background

The Bow River and other streams within Calgary include world- renowned trout habitat and have been identified as potentially at risk from diminishing water quality. The BRBC’s State of the River reports have been among the most effective expressions of such concerns for the past 25 years. One of the principal contaminants affecting the aquatic ecology of the rivers is Total Suspended Solids (TSS), which is primarily associated with stormwater. Responding to Calgary's FIGURE 1 rapid urban growth and increasingly Total Suspended Solids (TSS) loading to the Bow River from stormwater and wastewater. Excerpt from City of Calgary “2019 Integrated Watershed Management Update” UCS 2020-0424. stringent stormwater quality regulations, in 2005 The City of Calgary (The City) committed to an ongoing target of no more than 41,300 kg/day from stormwater sources. This loading level was set to avoid exceeding the 2005 TSS levels in the rivers.

Even with more stringent requirements for stormwater releases from new developments, there would still have been a net increase in TSS loading above the predevelopment level. In order to continue to develop new urban areas, therefore, it was necessary to retrofit older parts of the city with stormwater management (SWM) treatment facilities. Cumulatively, the retrofit stormwater quality projects and other stormwater Central area with stormwater wetland. Photo: O2 Planning + Design. management initiatives have sustained the TSS loading to below the target objective in spite of a 22 percent Continued on page 6 increase in population between 2005 and 2019. Page 6

Continued from page 5

Dale Hodges Park Wetland

The stormwater wetland system within Dale Hodges Park is the largest of 14 stormwater retrofit projects that have been built to date by The City. This wetland serves a built-out urban catchment area of 1,776 hectares (4,390 acres). Constructed in a city park setting, the project objective was to improve stormwater quality, prior to discharging to the Bow River, by removing fine sediments and nutrients using a biofiltration wetland environment. The system footprint is highly limited in order to preserve remaining natural areas in the park. Thus, the design focus was on optimal treatment of small and frequent stormwater runoff events. FIGURE 2 Figure 2 illustrates the concept design Concept plan of Dale Hodges Park SWM retrofit wetland. Image: Source2Source Inc. for the facility. The design focuses on areas of the site that had been highly impacted by prior gravel extraction and concrete mixing plants activities. Some portions of the design also utilize flood tolerant bottomland forest areas to serve as transient reservoirs during infrequent events. The entire facility, with the exception of the diversion structures and the Nautilus Pond®, are located within the 1:100 year flood plain of the Bow River.

The system is designed to provide a peak biofiltration treatment flow rate of 900 L/s. The biofiltration components of the treatment train include a floating wetland, densely vegetated surface flow wetlands, and riparian habitat infiltration zones constructed with pervious soils, granular subdrains and vegetation Nautilus Pond® stormwater clarifier upstream from the treatment wetland. Photo: O2 Planning + Design. chosen to naturally sustain infiltration rates. The design also features a high performance Nautilus Pond® stormwater clarifier upstream from Continued on page 7 the treatment wetland, providing “... experiences of the water flowing through the system create a series of evocative aesthetic expressions.” Page 7

Continued from page 6 protection against high sediment through the system create a series of and politicians will become engaged loading to the more sensitive wetland evocative aesthetic expressions. in identifying and supporting systems. The Nautilus Pond® is stormwater facility opportunities. designed to remove TSS down to a 50 The resulting design process micron size from flows of 5 cms. In a incorporated significant public Retrofits are often complex and typical year, this results in removal of engagement and the park has already require “reverse engineering” to 85,000 kg of TSS that would otherwise enjoyed a high degree of public and tailor the design to immutable be discharged to the Bow River. TSS- political support. site conditions or to established treated flows in excess of the design patterns of urban open use and capacity of the treatment wetlands It was the achievement of diverse valued environmental attributes. As are discharged to a 900m-long such, a “by the book” application constructed stream, then to the Bow environmental, infrastructure and social benefits that resulted in the of conventional stormwater design River at an important trout spawning guidelines is often inappropriate. area. project being awarded an Alberta Emerald Award in June 2020. Reverse engineering demands a During the early design phase, it Learnings flexible approach to performance became clear that non-technical objectives and metrics. factors (environmental/social/ aesthetic) were crucial in securing The creation and nurturing support by several City departments, of positive legacy projects with Being genuinely open to innovation politicians and the public. Responding multiple social, infrastructure and is helpful or essential. to this awareness, an essential aspect environmental values can create of the design was the incorporation a foundation of civic support for Where higher levels of government of a major public art component. significant-scale stormwater projects are involved in regulatory approvals, Artists with Watershed+, Sans Façon, within existing urban settings. pay special attention to effective collaborated closely with the park and Stormwater quality retrofits can be communication with reviewing wetland designers on the design of done in many urban and natural open agents to facilitate their acceptance of all of the major hydraulic structures, spaces if they provide sufficient public unconventional designs. pedestrian paths and boardwalks so amenity and environmental benefits. that experiences of the water flowing Optimally, other civic departments Project Team

Client: City of Calgary Water Resources and City of Calgary Parks

Lead Consultant: AECOM Ltd.

Environmental Design and Hydraulic Engineering: Source2Source Inc.

Park Designers: O2 Planning + Design Inc.

Public Art: Watershed+, Sans Façon

Prime Contractors: Wilco Contractors Southwest Inc. Slender cascade water art feature. Photo: O2 Planning + Design. Page 8

BRBC Quarterly Educational Contact Information and Networking Forum (Microsoft Teams) Mike Murray June 9th, 9:30 - noon Executive Director (403) 268-4597 [email protected]

Modeling of Water Availability in the Medini Prasai Bow River Basin Financial & Member Services Officer Bill Berzins, H3M Environmental (403) 268-6447 [email protected] 20 Year Retrospective Andrea Czarnecki Mike Murray, Executive Director Publications Editor BRBC [email protected]

Mailing Address: Nose Creek Model Project Bow River Basin Council Sandi Riemersma Spring Gardens - Building D Three Sisters, Canmore. Photo: Mike Murray. Nose Creek Watershed Partnership Mail Code #64 P.O. Box 2100 Station M Calgary, Alberta Natural Systems Stormwater Research T2P 2M5 and Demonstration Projects in Okotoks Have a Safe Bernie Amell, Source2Source Inc. and Anton Skorobogatov, Magna Engineering BRBC Annual General Meeting Erwin Braun, Chair enjoyable The opinions expressed BRBC in the articles in this newsletter are those of Summer! the author/s and do not For details and to register, visit: necessarily reflect the https://www.eventbrite.ca/e/brbc- views of the BRBC. forum-and-agm-june-9th-2021- tickets-154247066127 The next BRBC newsletter will be released in September.

If you would like to submit an article, please contact Andrea Czarnecki at: [email protected]