Feds halt work along creek
By Shawn Logan
The Eagle
Work to clean up and repair the town’s pathway system along Jumping Pound Creek on the western edge of Bow Meadows was halted by federal fisheries officials July 25 over concerns the fish habitat may be impacted.
M.D. Landscaping Construction, which was contracted by the town, last week began clearing debris left over from last month’s floods as well as repairing the red shale pathway that winds along the creek.
But after being contacted by a concerned Bow Meadows resident, the federal Department of Fisheries and Oceans (DFO) sent a fishery officer to investigate.
Michelle Koch arrived on the scene at around 10 a.m., July 25, but after consulting with workers and assessing the situation, the officer called for a complete halt to the operations by noon.
The heavy machinery that had been clearing debris earlier in the day was removed from the site following the order.
Dave Fraser, the DFO’s acting chief of enforcement for the prairies area, said it is normal for the federal department to want to inspect a riparian area before any work is conducted.
“We don’t want people just going out there and doing whatever they want,” Fraser said July 26, noting any further work won’t be allowed “until we have experts go down there and look at the habitat.”
The DFO has jurisdiction over all Canadian waterways up to the water line. With the heavy floods of June 17 and 18, the water line was high enough to threaten creek-side homes. Residents, town citizens and emergency workers hustled to throw down a row of sandbags June 18 as the swollen creek rushed to the Bow River. The sandbags were still there as of July 25.
Fraser said the DFO works to ensure any work along a waterway does not disrupt ecosystems and generally finds common ground with most “proponents.” In this case, while the creek has subsided to its normal course, an assessment of the habitat needs to be made before any more work can go ahead, he said.
“What’s dry land today, during the months of April, May and June may be a free-flowing system,” he said. “There are very few projects that we say a flat ‘No’ to.”
He added the removal of deadfall (fallen timber and tangled brush) must also be reviewed before the cleanup is approved. A large pile of debris and deadfall remained at the site awaiting removal after the DFO ordered the work halted.
“There are several issues in the area of debris removal,” Fraser said. “We’ll finish our investigation and have a biologist talk to the (town). We won’t make any determinations until we’ve seen the seriousness of it.”
Town spokesperson Maggie Armstrong said the DFO’s main concern appears to be the status of a dry tributary branching from the Jumping Pound.
“There’s some question if that is actual fish habitat and (DFO) wants to make that determination,” she said July 26. “The town has agreed not to do any construction work until they let us know.”
Chief among the concerns relayed by the DFO was an artificial culvert built over the rocky stream bed that had been used by vehicles to access the construction site, said Armstrong, adding the town was concerned the timber and brush might be a fire hazard.
She said the federal department was contacted following last month’s floods and the town has been awaiting a visit to assess bank stabilization.
However, she admitted the DFO wasn’t contacted prior to the pathway project.
“We did phone DFO right after the flood but not prior to commencing (the pathway) construction,” Armstrong said. “It’s something we’ll have to wait and see what they come back with.”
Coun. Andy Marshall was contacted by the Bow Meadows resident and toured the site before the DFO stepped in.
He said many questions remain about how the work plan was approved and whether it is consistent with the town’s new Land Use Bylaw that went through second reading July 11.
“There are lots of questions at this point,” Marshall said July 25. “Does the town have jurisdiction to do that work? Why are they clearing so much?”
He noted section 11.11.2 of the new Land Use Bylaw doesn’t permit “grading, placing, or removal of fill of any kind, whether originating on the site or from elsewhere” on riparian lands.
While he acknowledged the bylaw hasn’t been formally passed by council yet, “there’s a clear intention to pass it.”
Former Cochrane mayor Judy Stewart, a member of the Bow River Basin Council and a staunch advocate of protecting watersheds, said the town should have listened earlier to residents’ concerns.
“You can’t just do what you want on a river bed. You can’t disturb fish habitats,” Stewart said July 25. “They should just leave it. Someone’s going to get in big trouble over this.”
She said the deadfall should be left alone because it creates stronger water recharge systems in watersheds.
As for possible penalties, Fraser said he doubted any fines would be likely and noted, “In most of the cases we like to work with the proponent and the court system is always a last resort.”

