North Pickering Community Management Inc. - Permit for activities to achieve an overall benefit to a species

North Pickering Community Management Inc. has submitted a proposal for an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007. The proposal is to construct a road, Peter Matthews Boulevard, in Pickering, Ontario.

The proposal may adversely affect Redside Dace and their habitat.

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

Subsection 9(1) of the ESA protects endangered, threatened (and extirpated) species on the Species at Risk in Ontario List.

Habitat protection under subsection 10( 1) of the ESA applies to Redside Dace. Ontario Regulation 242/08 prescribes the specific habitat of Redside Dace.

Under clause 17(2)(c) of the ESA, the minister 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:

• an overall benefit to the species will be achieved within a reasonable time through the conditions of the permit
• 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

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". Overall benefit means the protection and recovery of the species at risk and must include more than mitigation measures or "replacing" what is lost.

North Pickering Community Management Inc. is considering reasonable alternatives, including alternatives that would not adversely affect the species, and may include:

• not proceeding with the proposed Peter Matthews Boulevard alignment
• reviewing more than 20 design alignments for the boulevard and selecting a limited number for detailed assessment based on environmental impacts, technical issues, and heritage or socio­-economic impacts of the design
• considering the alternatives carried forward to detailed assessment that would have an erosion and sediment control and fish rescue plan developed to avoid impacts to the species during construction and in­water work during a time that avoids sensitive life stages for the species (e.g., designing the single span bridge for one crossing (I-28) using different lengths and designing the culvert for the second crossing (I-26) to assist with fish passage through the culvert)

The best alternative for carrying out the project being proposed for the proposed I-28 crossing involves locating the bridge abutments outside of the meander belt width. This will satisfy the need for a new transportation corridor and will maintain passage for wildlife within the natural heritage system. The alternative for the I-26 crossing includes constructing a box culvert and removing a dam and online pond, replacing them with a natural channel. The natural channel would be an overall benefit action for the I-28 crossing.

The preferred alternative being proposed reduces impacts to the natural environment, heritage, socio-economic environment and satisfies transportation needs and constructability.

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

• installing erosion and sediment control measures prior to vegetation clearing
• ensuring a qualified professional monitors the mitigation measures and oversees other applicable permit conditions, if issued
• implementing additional mitigation measures, if applicable, under the direction of the qualified professional
• refueling and lubricating equipment in areas a minimum of 30 m from the watercourse
• delineating the work area to avoid unnecessary disturbance
• performing in-water work at a time of year when Red side Dace are less sensitive to disturbance from July 1 to September 15

North Pickering Community Management Inc. is identifying proposed actions to achieve an overall benefit for Redside Dace, which may involve:

• replacing an existing pond by creating 350 m² of natural channel, including pool and riffle habitat suitable for Redside Dace
• removing an existing dam to allow access to 1,945 m² of additional upstream habitat of the new channel

Post-construction effectiveness monitoring is also proposed once annually for the duration of the permit.

The proposed overall benefit activities would create suitable habitat for Redside Dace in an area that is currently unsuitable habitat (online pond) and allow access to additional upstream habitat. The crossing at I-26 is currently a contributing habitat for Redside Dace. Through beneficial activities, the long-term intent is to convert contributing habitat to occupied habitat.

We have published a government response statement under the ESA for Redside Dace. The response statement will be considered before a decision 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 ESA have been satisfied.