City of Brampton, Permit for activities with conditions to achieve overall benefit to the species – Endangered Species Act clause 17(2)(c)

Decision

On December 2, 2019, we issued a permit to the City of Brampton, with respect to Redside Dace,
so they can construct:

• two pedestrian bridge crossings of the Credit River
• associated trail systems within the City of Brampton

The permit was issued under clause 17(2)(c) of the Endangered Species Act, 2007.
The construction activity may:

• adversely affect Redside Dace
• damage 2,370 m2 of their habitat
• destroy 675 m2 of their habitat

The permit requires the City of Brampton to undertake measures that will:

• minimize adverse effects to species
• achieve overall benefit to species within reasonable timeframe

Actions to minimize adverse effects to species

The permit requires the City of Brampton to:

• time the construction work to minimize adverse impacts on habitat
• implement, monitor and maintain erosion and sediment control measures
• during the duration of the project
• ensure a certified erosion and sediment control specialist conducts inspections and provides monitoring reports during construction activities
• select construction access routes to minimize vegetation removal
• ensure materials and equipment are operated and stored in a manner that prevents deleterious substances from entering the watercourses;
• ensure vehicles and equipment refueling and maintenance will be conducted away from watercourses
• direct dewatering discharge, if necessary, into a sediment filter bag and discharging water over vegetated areas
• ensure disturbed areas are stabilized and restored upon completion of the proposed activity
• ensure trash receptacles and signage are in place and monitored at each crossing to help deter garbage and litter accumulation in the habitat from trail users

Actions to achieve an overall benefit to species

The permit requires the City of Brampton to achieve an overall benefit for the species
within a reasonable timeframe. The City of Brampton will:

• restore and enhance 1,100 m2 of Redside Dace habitat using a combination of enhancement plantings and stream restoration techniques
• remove identified debris (e.g., garbage and litter) within Springbrook Creek
• create educational opportunities for local secondary school students to participate in an in-class training module focusing on Redside Dace and its habitat
• coordinate and undertake a three-year, twice annual (e.g., Spring and Fall), clean-up along both crossings that will integrate the educational program created and encompass approximately one kilometre of channel corridor

These actions will be completed by October 1, 2023.

The action to rehabilitate degraded Redside Dace habitat and enhance natural cover
within occupied reaches will:

• provide summer nursery habitat
• improve water quality
• maintain the current geographical distribution and abundance of the species

The action to increase awareness regarding the significance of Redside Dace and perform stewardship of its habitat will also contribute to overall benefit to the species.

Government response statement for Redside Dace

We have published a Government Response Statement under subsection 11(8) of the Endangered Species Act, 2007 with respect to Redside Dace. You can access the statement through the ministry's website found in the related links.

The minister considered the following points in reaching a decision regarding the
permit:

• ensuring appropriate timing windows for works in and around Redside Dace habitat
• supporting partners to undertake activities to protect and recover Redside Dace including support provided through permits (including conditions)
• rehabilitating degraded Redside Dace habitat in areas adjacent to occupied reaches

Other information

Other alternatives that would not adversely affect the species were considered such as:

• Tributary 8B Option 1 — Not proceeding with the proposed project
• Tributary 8B Option 2 — 16.5 metre clear span bridge which is the least impactful
• Springbrook North Tributary Option 1 - Not proceeding with the proposed project
• Springbrook North Tributary Option 2 - Spanning the valley by constructing a 70m bridge with piers
• Springbrook North Tributary Option 3 Spanning the meander belt width by constructing a 50-metre clear span bridge
• Springbrook North Tributary Option 4 — Spanning the channel migration zone by constructing a 25-metre clear span bridge
• Springbrook North Tributary Option 5 - Spanning the active channel by constructing a 15.3 metre clear span bridge

The best alternative that has been adopted includes:

• spanning of the Tributary 8B with a 16.5 metre clear span bridge
• spanning the Springbrook Creek with a 25-metre clear span bridge

This combination will:

• eliminate the need for in-water works
• include a design that allows for the natural migration of the stream channels
• allow for daylight beneath the bridge for plant growth

Effects of consultation

Public consultation on the proposal for this Endangered Species Act permit was provided for 30 days, from December 7, 2018 to January 6, 2019. We did not receive any comments in response to this Environmental Registry notice.

Proposal

The proposed works have the potential to adversely affect Redside Dace and its habitat.

Redside Dace is listed on the Species at Risk in Ontario List, in Ontario Regulation 230/08 of the Endangered Species Act, as endangered.

Subsection 9(1) of the Endangered Species Act provides for the protection of endangered, threatened (and extirpated) species on the Species at Risk in Ontario List.

Habitat protection under the Endangered Species Act applies to Redside Dace (subsection 10(1)).

The Endangered Species Act allows some activities to proceed under a clause 17(2)(c) permit with specific conditions if: avoidance and reasonable alternatives have been considered; adverse effects will be minimized; and an overall benefit will be achieved for the species in Ontario. Providing an overall benefit to a protected species under the ESA involves undertaking actions to improve circumstances for the species in Ontario. Overall benefit is more than “no net loss” or an exchange of “like for like”. Overall benefit is grounded in the protection and recovery of the species at risk and must include more than mitigation measures or “replacing” what is lost.

The Minister may issue a permit under clause 17(2)(c) of the Endangered Species Act that authorizes a person to engage in an activity that would otherwise be prohibited by sections 9 or 10 of the ESA if the Minister is of the opinion that:

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

Reasonable alternatives are being considered, including ones that would not adversely affect the species, and may include:

• Tributary 8B Option 1 – Not proceeding with the proposed project;
• Tributary 8B Option 2 – 16.5m clear span bridge which is the least impactful;
• Springbrook North Tributary Option 1 - Not proceeding with the proposed project;
• Springbrook North Tributary Option 2 – Spanning the valley by constructing a 70m bridge with piers;
• Springbrook North Tributary Option 3 – Spanning the meander belt width by constructing a 50m clear span bridge;
• Springbrook North Tributary Option 4 – Spanning the channel migration zone by constructing a 25m clear span bridge; and
• Springbrook North Tributary Option 5 - Spanning the active channel by constructing a 15.3m clear span bridge.

The best alternative being proposed includes the spanning of the Tributary 8B with a 16.5 m clear span bridge and spanning the Springbrook Creek with a 25 m clear span bridge. This combination will eliminate the need of in-water works, include a design that allows for the natural migration of the stream channels and will allow for daylight beneath the bridge for plant growth.

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

• Winter construction work to minimize adverse impacts on habitat;
• Implementing, monitoring and maintaining erosion and sediment control measures during the duration of the project;
• Ensuring a certified erosion and sediment control specialist conducts inspections and provides monitoring reports during construction activities;
• Selecting access routes to minimize vegetation removal;
• Ensuring materials and equipment are operated and stored in manner to prevent deleterious substances from entering the watercourses;
• Ensuring vehicles and equipment refueling and maintenance will be conducted away from watercourses;
• Directing dewatering discharge into a sediment filter bag and discharging water over vegetated areas;
• Ensuring disturbed areas are stabilized and restored upon completion of the proposed activity; and
• Ensuring trash receptacles and signage are in place and monitored at each crossing to help deter garbage and litter accumulation in the habitat from trail users.

Potential approaches to achieve an overall benefit for Redside Dace may include:

• Restoring and enhancing 1,100 m2 of Redside Dace habitat using a combination of enhancement plantings and stream restoration techniques;
• Removing identified in-stream debris at a separate, existing crossing within Springbrook Creek;
• Creating educational opportunities for local Secondary School Students to participate in an in-class training module focusing on Redside Dace and habitat; and
• Coordinating and undertaking a three-year, twice annual (e.g., Spring and Fall), clean-up along both crossings that will integrate the educational program created and encompass approximately one kilometre of channel corridor.

A government response statement published under subsection 11(8) of the Endangered Species Act exists for Redside Dace, and will be considered before a decision is made whether or not to issue a permit.

Please note that the posting of this proposal on the Environmental Registry does not imply that a permit will be approved; a permit may only be issued where the legal requirements set out in clause 17(2)(c) of the Endangered Species Act have been satisfied.