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 17(2)(c) of the Endangered Species Act, 2007, with respect to:

• Mottled Duskywing
• Silver Shiner

The permit is to realign the William Halton Parkway which will include constructing a new four lane highway from Third Line to Neyagawa Boulevard, including a new bridge over Sixteen Mile Creek in the Town of Oakville.

Construction of a new bridge over Sixteen Mile Creek has the potential to adversely affect Mottled Duskywing, Silver Shiner and their habitats.

Subsection 9(1) of the Endangered Species Act, 2007 provides for the protection of a species that is listed as either:

• extirpated
• endangered
• threatened

Mottled Duskywings is listed as ‘endangered’ on the Species at Risk in Ontario List, under Ontario Regulation 230/08 of the Endangered Species Act, 2007. Silver Shiner is listed as ‘threatened’ under the same regulation.

If a species is listed as endangered or threatened, its habitat also receives protection under subsection 10(1) of the act.

Issuing a permit under the Endangered Species Act

Under clause 17(2)(c) of the Endangered Species Act, 2007, the minister may issue a permit authorizing an activity that would otherwise be prohibited by the act if the minister believes that:

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

Providing an overall benefit to a species means undertaking actions that contribute to improving the circumstances for the species. It must include more than steps to minimize adverse effects on the species or habitats.

Recovery strategies and government response statements, where available, provide information that can be used to form plans to achieve an overall benefit for species at risk.

Reasonable alternatives being considered

Reasonable alternatives are being considered, including alternatives that would not adversely affect Mottled Duskywing and Silver Shiner. These may include:

• no valley crossing or extension of the road from the west across the valley and east tableland
• construction alternatives include considering several bridge designs ranging between a clear span bridge, 3, 4, or a 5 span bridge
• relocation of road alignment to an alternate site and the associated valley crossing of Sixteen Mile Creek
• alternative access options considered for construction to avoid crossing creek include:
  • accessing site from both sides of valley
  • accessing from east valley slope only
  • accessing from west slope only
  • accessing through existing impacted area (Lyons’ Valley Park), requires temporary water crossings

The best alternative for carrying out the construction of the William Halton Parkway bridge at Sixteen Mile Creek, includes using road access in the existing valley and constructing a three-span bridge.

Approaches to minimize adverse effects

Potential approaches to minimize adverse effects on Mottled Duskywing may include:

• retaining plants, specifically New Jersey Tea plants, outside the limit of grading will be protected during construction with vegetation protection fencing
• prior to transfers, covering New Jersey Tea plant, to prevent Mottled Duskywing from laying eggs on them, otherwise they risk being injured if present during the transfer
• three years of effectiveness monitoring, to monitor the effectiveness of the construction-related and specific design related mitigation measures, for example:
  • survival of the transplanted New Jersey Tea
  • survival and growth of the vegetation re-planted in temporarily disturbed areas
  • effectiveness of the edge protection measure
• aligning the temporary access road was to minimize impacts to floodplain vegetation and in particular trees and rare plant species
• siting the bridge and temporary crossing locations over stable, straight sections of Sixteen Mile Creek

Potential approaches to minimize adverse effects on Silver Shiner may include

• designing pier footings such that the top is below the surface and restoring and re-vegetating the existing floodplain
• aligning the temporary access road to minimize impacts to floodplain vegetation and in particular trees and rare plant species. The bridge and temporary crossing locations are sited over stable, straight sections of Sixteen Mile Creek
• removing the temporary access road following construction and restoring the road and work areas around the piers
• replanting the temporarily disturbed natural areas of the floodplain habitat with the same/similar native species that are present now, or species otherwise compatible with the existing site conditions and vegetation community
• restoring the temporary work area in the channel to re-instate the existing bed profile and associated edge habitat
• incorporating naturalized techniques into the bank and pier footing protection design
• installing rigorous erosion and sediment controls including containment and dewatering measures and ensuring rigorous inspection throughout construction
• minimizing the extent of and isolating the in-water construction zone using a robust cofferdam system designed to minimize creek flow into the work area
• conducting the work within appropriate timing windows and employing fish rescue measures
• monitoring planted vegetation by a landscape architect for a minimum of three years, and addressing and re-monitoring survival below the 80% target
• monitoring/inspecting the restored bank section and transitions to the existing bank by a fluvial geomorphologist for a minimum of three years post-installation to assess and confirm stability and vegetation survival and growth
• addressing all deficiencies identified through monitoring and continuing monitoring to confirm effectiveness

Actions to achieve an overall benefit

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

• creating 190 square metres of habitat in a more open canopy area north of the existing habitat:
  • using transplanted New Jersey Tea and nursery stock grown from locally sourced seed and a compatible native seed mix
  • elevated on a raised berm to provide for drainage and a comparable moisture regime, support depth for transplanting and provide appropriate 'weed-free' soils
• the existing habitat that is currently experiencing successional impacts will be restored:
  • the restoration area would be a minimum of 250 square in size
  • the restoration efforts would centre around two techniques: a prescribed burn and canopy opening measures

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

• a total area of approximately 5170 square metres of the floodplain on the west side of the channel that is presently part of the actively used park would be planted and naturalized
• as part of the planting and naturalization plan, signage identifying the overall benefit areas as naturalization areas not to be mowed/ disturbed would be erected
• three controlled access points, the existing pedestrian bridge area and the trail that will be left at the end of the existing park trail, would provide viewing areas with associated signage to encourage use of these access points and protection of the adjacent natural areas
• a section of severely eroding channel bank, 31.7 metres in length, located at the end of the park trail would be repaired and re-stabilized using a vegetated rock buttress

Other information

A government response statement under subsection 11(8) of the Endangered Species Act, 2007 for Silver Shiner has not been prepared.

A government response statement has been published under subsection 11(8) of the ESA Mottled Duskywing and will be considered before a decision is made on whether 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 17(2)(c) of the Endangered Species Act, 2007 have been satisfied.