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

The Regional Municipality of Halton is seeking an overall benefit permit to replace the existing bridge over the East Branch of Sixteen Mile Creek (‘East Sixteen Mile Creek Bridge’) to accommodate the widening of Britannia Road from two to six lanes between James Snow Parkway and Highway 407 in the Town of Milton, Regional Municipality of Halton. Sixteen Mile Creek at the East Sixteen Mile Creek Bridge is occupied by Silver Shiner.

The proposal may adversely impact:

• Silver Shiner individuals
• approximately 8400 m² of Silver Shiner habitat

Protecting species under the Endangered Species Act

Ontario provides protections for species at risk and their habitats under the Endangered Species Act (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

Silver Shiner is listed on the Species at Risk in Ontario (SARO) List, under O. Reg. 230/08 of the ESA, as a threatened species and is therefore protected.

Under subsection 17(1) 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

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 the existing 25 metre span East Sixteen Mile Creek Bridge with a wider, 40 metre span bridge which will improve existing in-stream habitat conditions by reducing downstream flow energy during high precipitation events
• restoring 1,208 m² of offsite habitat along Sixteen Mile Creek at Wyldewood Golf Course
• restoring 2,800 m² of offsite habitat at Drumquin Park
• restoring offsite habitat under a detailed planting and restoration plan to address degraded habitat for the purpose of reducing sediment and contaminants entering the stream, and increasing overhanging vegetation that provides shade, cover, and a source of food for Silver Shiner
• restoring and stabilizing ~ 85 metres of stream bank on both banks of Sixteen Mile Creek at the project site for the purpose of improving creek water quality through reduced sediment deposition from erosion
• 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 proposed actions are expected to achieve overall benefits for Silver Shiner and its habitats, resulting in:

• improved creek 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 habitats. These include:

• not proceeding with the proposed road improvements
• widening Britannia Road and extending East Sixteen Mile Creek Bridge where required
• widening Britannia Road and replacing the East Sixteen Mile Creek Bridge with a 40 m span bridge
• widening Britannia Road and replacing the East Sixteen Mile Creek Bridge with a bridge that spans the meander belt

The Regional Municipality of Halton has concluded that the best alternative for carrying out the proposed project is to replace the existing East Sixteen Mile Creek Bridge with a 40 metre span bridge that 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 a bridge design with a larger span than the existing East Sixteen Mile Creek Bridge which will improve existing in-stream habitat conditions by reducing downstream flow energy during high precipitation events
• ensuring that the stormwater management strategy includes measures to minimize stormwater run-off from Britannia Road as well as maximize stormwater run-off treatment
• 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 subsection 12.1 of the Endangered Species Act 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 Act have been satisfied.