Halton Region - Permit for activities to achieve an overall benefit to a species

The Regional Municipality of Halton has submitted an application for an overall benefit permit under clause I 7(2)(c) of the Endangered Species Act, 2007 (ESA), with respect to the Redside Dace, in order to widen and realign Tremaine Road and associated Highway 401 interchange in the Town of Milton, Regional Municipality of Halton.

The proposed works has the potential to adversely affect Redside Dace, a small fish, and its habitat.

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 1 7(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 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.

Consideration of Alternatives

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

• realign channel to cross Highway 401 perpendicularly by constructing new culvert -140m east of existing Tremaine Road. Realign creek corridor to follow outside edge of Highway 401 interchange right of way down to intersection point with existing channel on east side of realigned Tremaine Road
• maintain existing culvert with extensions to accommodate the future Highway 401 widening, to convey channel under Highway 401. Realign channel to cross the West-North/South ramp, with a small pool between the culverts. Channel would then be realigned to run along the outside edge of the interchange right of way and tie in back to the original creek on the east side of the proposed Tremaine Road
• maintain existing culvert with extensions to accommodate the future Highway 401 widening and convey channel under Highway
  401. Channel would be realigned to flow along and then under the West-North/South ramp. Creek corridor would run along the
  outside edge of the interchange right of way and tie in back to the original creek on the east side of the proposed Tremaine Road
  • uses existing Highway 401 culvert with short extension under the North-East ramp. The creek corridor would then veer to the south, cross the West-North/South and tie back to the existing creek
  • new culvert to east and through eastbound ramps. Proposed realignment on the north side of Highway 401 running along the
  outside edge of the North-West ramp right of way. The creek corridor would then cross Highway 401 through a new culvert, go
  under the North-East ramp and tie back to the existing creek on the east side of the proposed Tremaine Road

The best Alternative that was chosen includes

• Re-introducing a meandering channel planform that was lost in the historical channelization and thereby increase in-channel length, habitat area and habitat quality for Redside Dace.
• This longer section of channel proposed for realignment impacts more existing habitat than the above. However, the selected alignment enables incorporation of several important benefits along the downstream portion: The alignment removes the habitat further from the new roadway, facilitating continuation of a more natural corridor and channel planform and providing the opportunity to enhance the existing habitat in the balance of the downstream portion significantly, in the same manner as the upstream portion.

Actions to minimize adverse effects to species

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

• constructing the new channel section offline and in the dry which minimizes the potential for sedimentation
• prior to initiation of vegetation clearing, a temporary, double silt fence will be erected properly around the channel and riparian area to protect sensitive features
• all on-line culvert-related works (extension of existing highway 401 culvert and removal of Peru Road culvert at downstream tie-in) will be undertaken using a properly designed and implemented temporary dewatering plan to maintain clean flow around the localized construction zones
• a ditch will be created upgradient of the excavation to prevent overland flow and tile drainage water from entering the excavation 
• a pond will be used as a temporary sediment pond for the small areas of disturbance and will include the use of turbidity curtains within the pond cells
• gravel mud mats will be used at construction vehicle access points to minimize off-site tracking of sediment
• any reduction in groundwater seepage to the existing channel that may occur during the temporary dewatering period would be offset by returning the captured water from the excavation to the existing watercourse
• if dewatering is necessary during construction, the use of well point dewatering systems will minimize suspended sediment loads in the discharge typically associated with pit sumping dewatering methods 
• sediment traps and filter bags will be provided where pumping or dewatering flow is discharged. Filter bags will be used to treat the dewatering effluent by removing suspended solids and to act as a buffer to ensure the discharge of treated water will not create erosion as it flows onto the floodplain
• pumped water will be discharged to the existing channel upstream of the excavations to a) offset water losses in the creek, and b) allow the water temperature to acclimatize before reaching the creek
• the replacement channel section will be constructed in advance and allowed to stabilize
• fish using the section of channel to be abandoned including any resident Redside Dace will be rescued and released in appropriate habitat in accordance with protocols
• the new and replacement culverts along the main channel have been designed with much wider spans and low flow channels than the existing culverts
• the Highway 401 culvert extension and replacement sections have been designed with open bottoms and low flow channels instead of the existing concrete slab floor
• temporary flow transfer measures will be implemented during the online highway culvert works
• ensuring a qualified professional oversees the implementation of the permit conditions

Actions to achieve an overall benefit to species

The Regional Municipality of Halton is working to identify proposed actions that would achieve an overall benefit to Redside Dace, which may involve:

• increasing the overall length of the existing channel by approximately 530 metres
• removing the existing small culverts at 3 Side Road and Peru Road and replacing the 3 Side Road culvert with a much larger structure and re-instating a naturalized open channel section at Peru Road
• enhancing instream habitat through natural channel design and widening and naturalizing the associated floodplain and riparian
  habitat corridor
• Effectiveness monitoring has been proposed following channel construction and corridor planting to assess the performance of the channel creation and corridor planting

In summary, the proposed activities are intended to improve water quality, create new habitat within the tributary and in riparian areas adjacent to the creek, improve fish passage at the culverts, increase stream bank vegetation cover and enhance overall aquatic habitat for Redside Dace.

We have published a government response statement under subsection 11(8) of the ESA  for Redside Dace. The response statement will be considered before a decision to issue an overall benefit permit.

Please note that the posting of this proposal on the Environmental Registry does not imply that a permit will be issued; a permit may only be issued where the legal requirements set out in clause 1 7(2)(c) of the ESA  have been satisfied.