Town of Halton Hills - Permit for activities to achieve an overall benefit to a species

The Town of Halton Hills is seeking an overall benefit permit from the Ministry of the Environment, Conservation and Parks to damage and destroy 2423.8 square metres of riparian habitat for Redside Dace so it can create a continuous trail system through the Hungry Hollow Ravine (“Hungry Hollow Trail”) within regulated habitat of Reside Dace, in Halton Hills, Ontario.

The proposed trail will provide residents in Halton Hills with a continuous path linking Cedarvale Park in the west to Willow Park in the east. The total length of trail within Redside Dace habitat will be 1053 m.

Redside Dace is listed on the Species at Risk in Ontario (SARO) list, under O. Reg. 230/08 of the Endangered Species Act, 2007 (ESA), as endangered.

Habitat degradation resulting from pollution, sedimentation and warm water entering their aquatic habitat is the most significant threats to the protection and recovery of Redside Dace in Ontario.

Sections 9 and 10 of the ESA provide protection for individual members of a species and their habitat if that species is listed on the SARO list as either:

• extirpated
• endangered
• threatened

Under clause 17(2)(c) of the ESA, the Minister of the Environment, Conservation and Parks may issue a permit authorizing a person to engage in an activity that would otherwise be prohibited by sections 9 or 10 of the ESA if:

• reasonable alternatives have been considered, including alternatives that would not negatively affect the species, and the best alternative has been adopted
• reasonable steps to minimize negative effects on individual members of the species are required by conditions of the permit
• an overall benefit to the species will be achieved within a reasonable time through the conditions of the permit

Providing an overall benefit to a protected species under the ESA involves improving circumstances for the species in Ontario. Overall benefit is:

• more than “no net loss” or an exchange of “like for like”
• grounded in the protection and recovery of the species at risk
• must include more than mitigation measures or “replacing” what is lost

Reasonable alternatives being considered

Reasonable alternatives are being considered, including alternatives that would not adversely affect Redside Dace. These may include:

• not constructing a trail
• constructing a trail with three bridges, significant use of limestone screening trail and boardwalks
• constructing a trail with one bridge, some limestone screening trails and mostly boardwalks
• creating connecting trails within the existing trail network, resulting in no bridges and minimal use of additional limestone screening trails and boardwalks

Approaches to minimize adverse effects

Potential approaches to minimize adverse effects on Redside Dace may include:

• all construction work within wetland areas would be completed between July 1st to September 15th
• all vegetation would be limited to width of the trail, cut materials would be cut and left on site or chipped as appropriate
• exposed soils would be minimized/controlled through out construction to limit sedimentation
• sediment fencing would be used for activities with Redside Dace habitat
• equipment and storage materials would be limited within the trail footprint, or as designated
• only native plants may be used to rehabilitate exposed areas

Actions to achieve an overall benefit

Potential actions to achieve an overall benefit for Redside Dace may involve, but are not limited to:

• enhancing/restoring approximately 4686 square metres of vegetation to support habitat for Redside Dace
• using education signage and fencing to direct public around sensitive areas
• monitoring habitat restoration areas for three years post installation

These steps would be expected to result in the creation of suitable habitat for the species where it does not currently exist or has been degraded.

A government response statement, which outlines protection and recovery actions the government will take and support, has been published under subsection 11(8) of the ESA for Redside Dace and will be considered before a decision is made on whether to issue an overall benefit permit.

Posting this proposal on the Environmental Registry does not imply that we will issue a permit. A permit may only be issued where the legal requirements set out in clause 17(2)(c) of the Endangered Species Act, 2007 have been satisfied.