Metrolinx - Permit for activities to achieve an overall benefit to a species

Metrolinx has submitted a proposal for an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) The proposal is to retrofit (i.e. reline) an existing single culvert and install two additional culverts in the Humber River watershed.

The proposed activities are likely to adversely impact Butternut and Redside Dace, and approximately 5,700 m² of occupied Redside Dace habitat (aquatic and riparian).

The project would include vegetation removal, construction of temporary access roads and a temporary river crossing, installation and use of cofferdams as well as the use of jack and bore technology (i.e. trenchless methods) to install the new culverts and reline the existing culvert. The site would be re-vegetated and the riparian area, including the banks, would be rehabilitated with native vegetation.

These works are required to accommodate a proposed track expansion on the Barrie GO train corridor between Barrie and Toronto, in the City of Barrie and the Township of King.

Protecting species under the Endangered Species Act

Sections 9 and 10 of the Endangered Species Act (ESA) provide protection for individual members of a species and their habitat that are listed on the Species at Risk in Ontario list as either

• extirpated
• endangered
• threatened species

Butternut and Redside Dace are listed as endangered; therefore both are protected.

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 Act if the minister is of the opinion that:

• 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"
• grounded in the protection and recovery of the species at risk
• more than mitigation measures or "replacing" what is lost

Actions to achieve an overall benefit to the species

Metrolinx is working to identify proposed actions that would achieve an overall benefit to Butternut and Redside Dace. These may involve:

• partnering with the Toronto and Region Conservation Authority (TRCA) and providing funding to TRCA to remove a concrete weir in the Boyd Conservation Area in Vaughan which is currently acting as a barrier preventing Redside Dace from accessing up to 6,300 m² of suitable habitat upstream from the weir
• enhancing up to 950 m² of this previously inaccessible upstream habitat by stabilizing the banks and planting native riparian vegetation to prevent sedimentation and bank erosion, as well as contribute to insect prey abundance and overhead cover for Redside Dace
• planting, tending and monitoring Butternut seedlings in areas that are similar to natural Butternut habitat conditions

These proposed actions are expected to achieve an overall benefit for Redside Dace by:

• increasing the amount of suitable habitat available to Redside Dace
• providing enhancements to existing occupied habitat at the proposed project location

These proposed actions are expected to achieve an overall benefit for Butternut by:

• increasing the overall number of Butternut to enhance the population of the species within Ontario
• potentially supporting future Butternut populations through seed production once the trees have survived to maturity

Reasonable alternatives being considered

Metrolinx is considering alternatives that would not adversely affect Butternut and Redside Dace. These may include:

• not proceeding with the Barrie Rail Corridor Expansion Project
• translocating the Category 3 Butternut

Metrolinx has concluded that the best alternative is to retrofit the existing culvert and install two new culverts using trenchless construction methods. This will:

• support the expanded rail corridor
• result in minimal disruption to rail service and the habitat of Redside Dace
• provide an overall benefit to Butternut and Redside Dace

Actions to minimize negative effects to the species

Metrolinx is seeking ways to minimize adverse effects on Redside Dace and its habitat. These may include:

• working on project activities within the Redside Dace habitat at a time of year when Redside Dace are less sensitive to disturbance (e.g. July 1 to September 15)
• installing sediment and erosion control measures to prevent sediment being released into the river as a result of project activities
• ensuring the site is sufficiently stabilized and re-vegetated as soon as construction activities are completed within the appropriate growing season, or if stabilization is delayed, short term erosion control measures would be used
• carrying out and reporting on any incidental encounters with Redside Dace
• ensuring materials and equipment are operated and stored in a way that prevents harmful substances from entering the watercourse
• ensuring vehicles and equipment refueling and maintenance will be conducted away from watercourse
• ensuring on-site personnel are aware of the importance of maintaining proper erosion and sediment controls and fish exclusion measures
• ensuring the work area is isolated (i.e. using cofferdams) and river flow is maintained during all stages of construction.

There are no measures proposed to minimize adverse impacts to the one Category 3 Butternut that would be removed to accommodate the project.

Other information

Government response statements have been published under subsection 12.1 of the ESA for Redside Dace and Butternut. These will be considered in:

• determining whether to not to approve the permit.
• developing future permit conditions

Posting this proposal on the Environmental Registry does not imply that the minister 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.