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

Instrument type: Permit for activities to achieve an overall benefit to a species

ERO number
019-4141
Ministry reference number
AU-C-003-19
Notice type
Instrument
Act
Endangered Species Act , R.S.O. 2007
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
April 19, 2022 - May 19, 2022 (30 days) Closed
Last updated

There is no requirement to post this notice on the Environmental Registry of Ontario, but we wanted to hear your thoughts. Thank you for your feedback.

This consultation was open from:
April 19, 2022
to May 19, 2022

Decision summary

The minister has issued an overall benefit permit to the Regional Municipality of Halton to improve Boyne Bridge over Sixteen Mile Creek which will impact Silver Shiner, a species at risk fish. The permit includes actions to benefit the species and minimize adverse effects, and outlines monitoring and reporting requirements.

Location details

Site address

Milton, Canada

Site location details

The proposed project is being carried out on Britannia Road between Regional Road 25 and Thompson Road in the City of Milton, Regional Municipality of Halton, Ontario.

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

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Proponent(s)

Regional Municipality of Halton
1151 Bronte Road
Oakville, ON
L6M 3L1
Canada

Decision details

On June 22, 2022, the Minister of the Environment, Conservation and Parks issued an overall benefit permit to the Regional Municipality of Halton under subsection 17(1) of the Endangered Species Act, 2007 (ESA). The permit was issued in accordance with the criteria in clause 17(2)(c) of the Act, concerning Silver Shiner, for improving Boyne Bridge, located between Regional Road 25 and Thompson Road in Milton. The bridge improvements will accommodate the widening of Britannia Road.

The permit authorizes the proponent to adversely impact:

  • Silver Shiner individuals
  • approximately 14,051 m2 of Silver Shiner habitat

Protecting species under the Endangered Species Act

Our government is committed to protecting species at risk and providing strong environmental oversight, while working to support development opportunities of critical infrastructure in the province.

Businesses, municipalities and other proponents are expected to take steps to ensure their projects avoid any adverse impacts on species at risk or their habitats. However, where avoidance is not possible, the Endangered Species Act (ESA) gives the Minister the discretion to authorize activities if certain conditions can be met.

The permit includes conditions that require the proponent to undertake measures that will:

  • minimize adverse effects to Silver Shiner
  • achieve an overall benefit to Silver Shiner within a reasonable timeframe

Actions to minimize adverse effects to species

The permit requires the Regional Municipality of Halton to carry out actions to minimize adverse effects on Silver Shiner, including:

  • implementing an approved erosion and sediment control plan that includes fully isolating active work areas with silt fencing or coffer dams, dewatering and discharge filtration, regular inspection and maintenance of erosion and sediment controls
  • undertaking all in-water work during a time of year when Silver Shiner are less sensitive to disturbance (July 1 to September 15)
  • isolating the work areas in the channel, and transferring fish from the from the work area into adjacent suitable habitat before starting in-water work
  • ensuring proper use of machinery, including performing equipment maintenance away from water bodies
  • ensuring that the stormwater management strategy includes measures to minimize stormwater run-off from Britannia Road as well as maximize stormwater run-off treatment

Actions to achieve an overall benefit to species

The permit requires the Regional Municipality of Halton to achieve an overall benefit for Silver Shiner within a reasonable timeframe, including:

  • replacing Boyne Bridge with twin single span bridges that have larger spans to reduce downstream flow energy and backwater effect upstream of Britannia Road
  • restoring 6,600 m2 of off-site habitat along Sixteen Mile Creek at Drumquin Park
  • restoring offsite habitat under a detailed planting and restoration plan to:
    • reduce sediment and contaminants entering the stream
    • increase overhanging vegetation that provides shade, cover, and a source of food for Silver Shiner
  • improving existing stormwater treatment and run-off conditions by providing enhanced treatment for stormwater from the road to improve the quality of stormwater run-off that is discharged to Silver Shiner habitat

These activities are expected to achieve an overall benefit for Silver Shiner by:

  • improved water quality due to decreased amounts of coarse sediments and contaminants being discharge to the stream from the road surface
  • improved in-stream, floodplain and riparian habitat for the species

Government response statement for Silver Shiner

Ontario has not published a government response statement under section 12.1 of the Endangered Species Act (ESA) with respect to Silver Shiner.

Other information

Other reasonable alternatives, including alternatives that would not adversely affect the species, were considered such as:

  • not proceeding with the proposed development
  • symmetrical widening of the Boyne Bridge over Sixteen Mile Creek
  • widening to the south of the Boyne Bridge over Sixteen Mile Creek
  • widening to the north of the Boyne Bridge over Sixteen Mile Creek

The best alternative for carrying out the project is the symmetrical widening of the Boyne Bridge over Sixteen Mile Creek by replacing the single span Boyne Bridge with twin single span bridges which will facilitate the widening of Britannia Road.

A number of measures to minimize adverse effects on Silver Shiner and its habitats have been incorporated into the design of the preferred alternative. They include:

  • selecting bridge designs with larger spans than Boyne Bridge to reduce downstream flow energy and backwater effect upstream of Britannia Road
  • lowering the profile of the bridges to reduce the amount of fill to be placed within the floodplain and minimize the permanent footprint of the bridge embankments
  • selecting bridge foundation types and configurations that will reduce the amount of open cut excavation and dewatering required during construction to lower the risk of a sediment release during high flow events

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

No comments were received

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Species at Risk Branch - Permissions and Compliance
Address

50 Bloomington Rd
Aurora, ON
L4G 0L8
Canada

How to Appeal

Appeals are not allowed

This instrument type cannot be appealed. Learn more about our consultation process.

Connect with us

Contact

April Mitchell

Office
Species at Risk Branch - Land and Water Division
Address

435 James St. South
Suite 114
Thunder Bay, ON
P7E 6T1
Canada

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Follow this notice

Original proposal

ERO number
019-4141
Ministry reference number
AU-C-003-19
Notice type
Instrument
Act
Endangered Species Act , R.S.O. 2007
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

April 19, 2022 - May 19, 2022 (30 days)

Why consultation isn't required

We are not required to consult on this permit proposal as it relates to an animal and therefore does not meet the required criteria set out in subsection 1.3(6) of Ontario Regulation 681/94 of the Environmental Bill of Rights, 1993. We are voluntarily posting this notice to advise the public of this proposal and to invite the public to submit written comments to the contact person identified in this notice.

Proposal details

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 (ESA) to improve the existing bridge over Sixteen Mile Creek (“Boyne Bridge”) to accommodate the widening of Britannia Road from two to six lanes between Regional Road 25 and Thompson Road in the Town of Milton, Regional Municipality of Halton. Sixteen Mile Creek at the Boyne Bridge is occupied by Silver Shiner.

The Proposed activities may adversely impact:

  • Silver Shiner individuals
  • approximately 14,051 m2 of Silver Shiner 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 provides protections for species at risk and their habitats under the Endangered Species Act, 2007 (ESA). Sections 9 and 10 of the ESA provide protection for individual members of a species and their habitat if that species is listed on the Species at Risk in Ontario (SARO) List as either:

  • extirpated
  • endangered
  • threatened

Silver Shiner is listed on the SARO List, under O. Reg. 230/08 of the ESA, as a threatened species therefore it is protected.

Under section 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 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 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

The Regional Municipality of Halton is working to identify ways to provide an overall benefit to Silver Shiner and its habitats. These may involve:

  • replacing Boyne Bridge with twin single span bridges that have larger spans to reduce downstream flow energy and backwater effect upstream of Britannia Road
  • undertaking 6,600 m2 of habitat restoration which will involve implementing a detailed planting and restoration plan to address degraded habitat directly adjacent to Sixteen Mile Creek for the purpose of reducing sediment and contaminants entering the stream, increasing overhanging vegetation that provides shade, cover and a source of food for Silver Shiner
  • improving existing stormwater treatment and run-off conditions by providing enhanced treatment for stormwater from the road and redirecting some of the stormwater run-off from the Britannia Road catchment area to an adjacent stormwater management pond to reduce the amount of run-off and improve the quality of stormwater run-off that is discharged to Silver Shiner habitat

These proposed actions are expected to achieve overall benefit for Silver Shiner, resulting in:

  • improved water quality due to decreased amounts of coarse sediments and contaminants being discharge to the stream from the road surface
  • improved in-stream, floodplain and riparian habitat for the species

Reasonable alternatives being considered

The Regional Municipality of Halton is considering alternatives, including alternatives that would not adversely affect Silver Shiner and its habitat. These include:

  • not proceeding with the proposed development
  • symmetrical widening of the Boyne bridge over Sixteen Mile Creek
  • widening to the south of the Boyne bridge over Sixteen Mile Creek
  • widening to the north of the Boyne bridge over Sixteen Mile Creek

The Regional Municipality of Halton has concluded that the best alternative for carrying out the proposed project is the symmetrical widening of the Boyne bridge over Sixteen Mile Creek by replacing the single span Boyne Bridge with twin single span bridges which will facilitate the widening of Britannia Road. A number of measures to minimize adverse effects on Silver Shiner and its habitats have been incorporated into the design of the preferred alternative. They include:

  • selecting bridge designs with larger spans than Boyne Bridge to reduce downstream flow energy and backwater effect upstream of Britannia Road
  • lowering the profile of the bridges to reduce the amount of fill to be placed within the floodplain and minimize the permanent footprint of the bridge embankments
  • selecting bridge foundation types and configurations that will reduce the amount of open cut excavation and dewatering required during construction to lower the risk of a sediment release during high flow events

Actions to minimize negative effects to the species

The Regional Municipality of Halton is seeking ways to minimize adverse effects on Silver Shiner and its habitats. These may include:

  • implementing an approved erosion and sediment control plan that includes fully isolating active work areas with silt fencing or coffer dams, dewatering and discharge filtration, regular inspection and maintenance of erosion and sediment controls
  • undertaking all in-water work during a time of year when Silver Shiner are less sensitive to disturbance (generally July 1 to September 15)
  • prior to commencing in-water work, isolating the work areas in the channel, and transferring fish from the from the work area into adjacent suitable habitat
  • ensuring proper use of machinery, including performing equipment maintenance away from water bodies
  • ensuring that the stormwater management strategy includes measures to minimize stormwater run-off from Britannia Road as well as maximize stormwater run-off treatment

Other information

A government response statement under section 12.1 of the Endangered Species Act, 2007 (ESA) is not available for Silver Shiner.

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.

More information on species at risk overall benefit permits.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Comment

Commenting is now closed.

This consultation was open from April 19, 2022
to May 19, 2022

Connect with us

Contact

Todd Copeland

Phone number
Email address
Office
Species at Risk Branch - Permissions and Compliance
Address

5520 Hwy 101 East
PO Bag 3020
South Porcupine, ON
P0N 1H0
Canada