Regional Municipality of York - Permit for activities to achieve an overall benefit to a species

The Regional Municipality of York has submitted an application for an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA). The proposed project involves the reconstruction and widening of 19th Ave from a two-lane to a four-lane road in Richmond Hill, Ontario. The project will also involve:

• replacing two existing culverts along a tributary of the Rouge River with two wider and longer arch culverts
• realigning 72 linear metres of channel

The proposed activities may adversely affect:

• Redside Dace individuals
• approximately 4,099 square metres of Redside Dace habitat

Protecting species under the Endangered Species Act

The Ontario government is committed to protecting species at risk and providing strong environmental oversight, while working to support development opportunities in the province.

Ontario protects species at risk and their habitats under the Endangered Species Act, 2007 (ESA). Sections 9 and 10 of the Act provide protection for individual members of a species and their habitat if that species is listed on the Species at Risk in Ontario list as either:

• extirpated
• endangered
• threatened

Redside Dace is listed as endangered and is therefore 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 ESA if the minister believes 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 means 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 species

The Regional Municipality of York is working to identify proposed actions that would achieve an overall benefit for Redside Dace. These may involve:

• creating 122 square metres of new habitat that will be created by the new, wider culverts
• incorporating natural channel design principles into the new channel, including pools, riffles and bioengineering
• incorporating stormwater management features that did not exist on the existing road

These actions are expected to achieve overall benefits for Redside Dace, resulting in:

• reduced stormwater velocity during storm events
• improved fish passage
• improved quality of stormwater released to the Rouge River Tributary
• improved stream form and habitat suitability for the specie

Reasonable alternatives being considered

The proponent has explored alternatives, including alternatives that would not adversely affect Redside Dace and its habitat. These include:

• no action (existing 600 mm and 900 mm diameter, 10 metre long culverts remain and no road widening/reconstruction)
• replace the two existing culverts with two or three cell concrete box culverts that are 50 metres long and channel realignment upstream and downstream to allow for road widening
• replace the two existing culverts with twin 6.1 metre span by 2.44 metre rise concrete arch culverts that are 28 metres long and channel realignment upstream and downstream to allow for road widening

The Regional Municipality of York has concluded that the best alternative for carrying out the proposed project is to replace the existing culverts with twin arch culverts that are 28 metres long.

This was identified as the best alternative as it provides a balance between:

• the project’s objective to widen 19th Ave to a four-lane road
• limiting the adverse effects to Redside Dace and its habitat
• providing the opportunity to restore and enhance aquatic habitat

Actions to minimize adverse effects on the species

The Regional Municipality of York is seeking ways to minimize adverse effects on Redside Dace and its habitat. These may include:

• minimizing and maintaining riparian vegetation to the greatest extent possible, including transplanting where feasible
• working during the standard in-water work timing window for Redside Dace (July 1 to September 15)
• isolating all in water work and conducting work ‘in the dry’
• maintaining a continuous flow of baseflow discharge via a bypass culvert
• installing erosion and sediment control measures before work starts and maintaining those measures until disturbed areas have been effectively stabilized
• ensuring no sediment laden water is discharged to the watercourses at any time
• ensuring all machinery arrive on site in a clean condition and is to be checked and maintained free of fluid leaks
• ensuring no equipment enters the watercourse at anytime
• ensuring materials and equipment are operated and stored in a way that prevents harmful substances from entering the watercourse
• using qualified professionals to monitor the various stages of work including fish rescues, stream work and erosion and sediment control measures
• restoring all disturbed areas within the regulated habitat limits immediately following the completion of the proposed works
• monitoring mitigation measures to ensure they are effective

Other information

The Province has published a government response statement under subsection 12.1 of the Endangered Species Act, 2007 (ESA) with respect to Redside Dace. The ministry will consider the response statement before a decision to issue an overall benefit permit.

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.