Fairgate (Ninth Line) Inc. - Permit for activities to achieve an overall benefit to a species

On April 2, 2019, a permit was issued to Fairgate (Ninth Line) Inc., under clause 17(2)(c) of the Endangered Species Act, 2007 authorizing it to damage 700 and destroy 5,200 metres squared of Redside Dace habitat for the purpose of constructing a new bridge crossing and installing utility services, at a tributary of the Little Rouge River at Baker Hill Boulevard, in the Town of Whitchurch-Stouffville, Regional Municipality of York.

Reasonable alternatives to the proposals were considered, including alternatives that would not adversely affect the species such as:

• not proceeding with the proposed project
• alternative 1 - Use of the existing culvert crossing
• alternative 2 - Proposed crossing with twin corrugated steel pipe culverts
• alternative 3 - Cast in place open bottom culvert
• alternative 4 - Proposed crossing with pre-cast open bottom culvert

The best alternative, which has been adopted, includes using a pre-cast open bottom culvert for the proposed crossing which will minimize the length of time of construction, and thus the length of time the habitat of Redside Dace will be disturbed, compared to other proposed alternatives, and will provide the greatest opportunity for natural channel design under the culvert. This design would further require the least amount of realignment of the watercourse, and the least amount of hardening to address potential scouring and erosion in the long-term.

The permit requires Fairgate (Ninth Line) Inc. to undertake a number of measures to minimize adverse effects to the species, including:

• ensuring a qualified professional oversees the implementation of the permit conditions
• Undertaking in-stream work and overall benefit activities within Redside Dace habitat during the Redside Dace construction timing window
• removing and transferring downstream any Redside Dace prior to carrying out any in-stream activities
• ensuring the existing stream flows in the watercourse are maintained during all stages of the activities
• ensuring vehicles and equipment are re-fuelled or maintained at least 30 metres away from the watercourse
• ensuring no deleterious substances enter the watercourse
• implementing a comprehensive sediment and erosion control plan
• implementing a contingency plan in the event that a failure occurs during the installation of storm, sewer, and watermain infrastructure
• ensuring the site is sufficiently restored, stabilized and enhanced as soon as construction activities are completed

The permit requires Fairgate (Ninth Line) Inc. to undertake a number of actions to achieve an overall benefit to the species within a reasonable timeframe, including:

• remove an existing undersized farm crossing culvert that has altered the natural watercourse causing erosion, sediment and fish passage issues
• remove an existing driveway within the regulated habitat of Redside Dace
• restore an area of 8,597 metres squared of existing manicured lawn and intensive agricultural lands with riparian plantings of meadow and thicket communities
• redesign an off-site, nearby stormwater management pond located downstream of the impact site and directly upstream from occupied Redside Dace habitat to satisfy the water quality objectives for discharge and better support the temperature objectives of the species

All overall benefit activities would be required to be completed prior to December 31, 2020 and are expected to result in an overall benefit to the species within a reasonable time by returning the natural meander of the watercourse, addressing causes of erosion, replanting native vegetation and alleviating thermal pressures downstream to permanently provide habitat quality improvements, reducing a key threat to the species through thermal mitigation and promoting long-term recovery for Redside Dace.

A government response statement has been published under subsection 11 (8) of the Endangered Species Act, 2007 with respect to Redside Dace; this statement can be accessed through the Ministry website.

With respect to the Government Response Statement, the following points were considered by the Minister in reaching a decision regarding the permit:

• ensuring appropriate timing windows for works in and around Redside Dace habitat are considered in the application of the Endangered Species Act, 2007,
• supporting conservation, agency, municipal and industry partners to undertake activities to protect and recover Redside Dace. Support will be provided through funding, agreements, permits (including conditions) and advisory services,
• rehabilitating degraded Redside Dace habitats in areas adjacent to occupied reaches.