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:
September 6, 2022
to October 6, 2022
Decision summary
The minister has issued an overall benefit permit to the Regional Municipality of Halton to carry out improvements to Dundas Street West, which will impact Redside Dace, 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
Oakville, Canada
Site location details
Fourteen Mile Creek crossing at Dundas Street West, West of Bronte Road and East of Tremaine Road.
Site location map
The location pin reflects the approximate area where environmental activity is taking place.
View this location on a map opens link in a new windowProponent(s)
Halton Region
1151 Bronte Road
Oakville,
ON
L6M 3L1
Canada
Decision details
On March 23, 2023, 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 Redside Dace, for construction activities on sections of Dundas Street West that crosses Fourteen Mile Creek, in Oakville, Ontario.
The permit authorizes the proponent to adversely impact:
- Redside Dace individuals
- Approximately 14,068 m2 of Redside Dace 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 the development 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 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 Redside Dace
- achieve an overall benefit to Redside Dace 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 Redside Dace, including:
- not removing vegetation within regulated habitat for Redside Dace between April 1 – August 31 of any year
- restricting in-water works during the in-water timing window for Redside Dace (July 1 to September 15), when the species is less sensitive to disturbances
- developing and implementing an Environmental Protection/ Erosion and Sediment Control (EP/ESC) Plan, including measures for vehicle maintenance and spills response
- restoring any disturbed areas following completion of the work
- marking limits of work areas, and containing all site preparation activities within the delineated areas
- isolating and dewatering works within water
- installing and removing of isolation measures during low water to reduce the potential for the need for fish removal
- implementing a fish relocation plan, as required
Actions to achieve an overall benefit to species
The permit requires the Regional Municipality of Halton to achieve an overall benefit for Redside Dace within a reasonable timeframe, including:
- reconstruction of drainage on Dundas Street adjacent to the project location from a ditch collection system to a curb and gutter storm water treatment system
- removal of Culvert 22 and re-instatement of a natural channel including spanning the creek with a 20 m wide spanning bridge to create 852 m2 of improved habitat that is currently lined concrete channel and enclosed culvert
- enhancement of approximately 10,542 m2 of riparian vegetation within the valley of Fourteen Mile Creek, 1 km downstream of Culvert 23
These activities are expected to achieve an overall benefit for Redside Dace by:
- improving habitat suitability and fish passage with the removal of Culvert 22
- improving the quality of stormwater runoff entering the watercourse
- enhancing riparian habitat along Fourteen Mile Creek, that will provide a benefit to Redside Dace by increasing insect production, cooling water temperatures through shading, and filtering nutrients and sediments inputs from surface runoff
Government response statement for Redside Dace
Ontario published a government response statement under section 12.1 of the ESA with respect to Redside Dace in November 2010.
The permit conditions align with the objectives outlined in the government response statement, including:
- maintaining the current geographical distribution and abundance of Redside Dace through habitat protection, and ensuring protection of water quality and stream hydrology
- rehabilitating degraded Redside Dace habitat
Other information
Other reasonable alternatives, including alternatives that would not adversely affect the species, were considered such as:
- Do nothing: no adverse effects on Redside Dace or its habitat would occur in the Study Area. However, improvement to the road network would be required elsewhere, resulting in potential adverse effects in other locations.
- Alternative 1:
- for Culvert 22: extend the existing 3.5 m concrete arch culvert with a culvert of similar size and shape, which would require in-water work, not improve fish passage and result in permanently damaging Redside Dace habitat
- for Culvert 23: replace the existing culvert with a longer and wider culvert, which would require in-water work and result in permanently damaging Redside Dace habitat
- Alternative 2:
- for Culvert 22: replace with a new 20 m spanning structure; the new spanning bridge would allow for the construction of a meandering channel
- for Culvert 23: extend the existing culvert by 11.2 m, including a shelf for amphibian passage
The best alternative was determined to be Alternative 2, which would allow the project to be carried out while limiting the adverse effects to Redside Dace and its habitat.
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.
40 St. Clair Avenue West
14th Floor
Toronto,
ON
M4V 1M2
Canada
How to Appeal
Appeals are not allowed
This instrument type cannot be appealed. Learn more about our consultation process.
Connect with us
Contact
Todd Copeland
5520 Hwy 101 East
PO Bag 3020
South Porcupine,
ON
P0N 1H0
Canada
Original proposal
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) for impacts to Redside Dace so they can carry out improvements to Dundas Street in the Town of Oakville, Ontario.
The proposal may adversely impact
- Redside Dace
- approximately 14,068 m2 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 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 list as either:
- extirpated
- endangered
- threatened
Redside Dace is listed on the Species at Risk in Ontario List as endangered; therefore, it is protected.
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 17(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 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 Halton is working to identify proposed actions that would achieve an overall benefit for Redside Dace. These may involve:
- improvements to drainage system of Fourteen Mile Creek through the installation of a storm water management system
- Removal of Culvert 22 and re-instating a natural channel including spanning the creek with a 20 m wide spanning bridge to create 852 m2 of improved habitat that is currently lined concrete channel and enclosed culvert
- enhance 10,542 m2 of riparian vegetation within valley of Fourteen Mile Creek 1 km downstream of culvert 23
Reasonable alternatives being considered
The Regional Municipality of Halton has explored alternatives, including alternatives that would not adversely affect Redside Dace and their habitat. These include:
- Alternative 1: Do nothing, no adverse effects on Redside Dace or it's habitat would occur in the Study Area. however, improvement to the road network would be required elsewhere, resulting in potential adverse effects in other locations.
- Alternative 2: Extend the existing 3.5 m concrete arch culvert at culvert 22 with a culvert of similar size and shape. This will require in-water work, however, will not improve fish passage and will result in permanently damaging Redside Dace habitat. Replace the existing culvert at culvert 23 with longer and wider culvert. This will require in water work and will result in permanently damaging Redside Dace habitat
- Alternative 3: Replace the existing 3.5 m wide concrete arch culvert with 20 m spanning structure at culvert 22. The new spanning bridge will allow for the construction of a meandering channel. Extend existing culvert at culvert 23 by 11.2 m including shelf for amphibian passage.
The Regional Municipality of Halton has concluded that the best alternative is alternative 3 as this will provide several benefits to fish habitat as follows:
- will improve Fish Passage, eliminate perch condition at the downstream end of the existing culvert and improve hydraulic conditions (i.e., lower velocities during peak flow conditions)
- the channel realignment will result in removal of existing concrete-lined section of channel immediately north (upstream) of culvert
-
the new spanning bridge allows construction of 852 m2 of natural channel
Actions to minimize adverse effects on the species
The Regional Municipality of Halton is seeking ways to minimize adverse effects on the Redside Dace and its habitat. These may include:
- ensuring no vegetation removal within regulated habitat between April 1 – August 31 of any year
- undertaking in-water works during in-water timing window for Redside Dace (July 1 to September 15)
- developing and implementing an Environmental Protection / Erosion and Sediment Control (EP/ESC) Plan including measures for vehicle maintenance and spills response
- restoring all disturbed areas immediately once the work is complete
- ensuring that work is to be contained within the delineated areas by marking limits of work areas before work starts
- isolating all in-water work and conducting work ‘in the dry’
- scheduling the installation and removal of isolation measures during low water to reduce any need for fish removal
- implementing a fish relocation plan, as required
- ensuring that construction staging maintains flow and fish passage during construction of bridge and removal of existing culvert
Other information
The Province has published a government response statement under subsection 12.1 of the Endangered Species Act, 2007 with respect to Redside Dace. The response statement will be considered 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 Act have been satisfied.
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.
40 St. Clair Avenue West
14th Floor
Toronto,
ON
M4V 1M2
Canada
Comment
Commenting is now closed.
This consultation was open from September 6, 2022
to October 6, 2022
Connect with us
Contact
Todd Copeland
5520 Hwy 101 East
PO Bag 3020
South Porcupine,
ON
P0N 1H0
Canada
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