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 for impacts to Silver Shiner so they can extend Wyecroft Road, creating a new road crossing over Bronte Creek between Bronte Road and Burloak Drive in the City of Oakville.

The proposed activities may adversely impact:

• Silver Shiner individuals
• approximately 12,725 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 (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 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 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. These may involve:

• restore 10,000 m² of Bronte Creek floodplain habitat by implementing a planting and restoration plan to reduce sediment and contaminants entering the stream
• redirect currently untreated stormwater flows from an existing 1800 mm storm outlet on the QEW to the new storm system at the Wyecroft Road crossing to reduce sediment and contaminants and improve the quality of stormwater entering Bronte Creek
• upgrade and improve an existing 900 mm storm outlet and headwall located on the east bank of Bronte Creek downstream of the project site
• realign an existing outlet channel to reduce sediment inputs into the creek and improve the quality of stormwater entering Bronte Creek

These proposed actions are expected to achieve overall benefits 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 Wyecroft Road Extension and Bridge project
• installing a clear-span bridge over Bronte Creek - Cost prohibitive to construct due to the length of structure that would be required to span the valley. Would require a larger footprint impact at the top of the valley slopes.
• consideration of two alternative alignments which would result in more vegetation clearing and would be cost prohibitive due to the need to re-locate infrastructure west of Bronte Creek.
• consideration of several bridge configuration options to minimize impacts in the valley: 1) 4-span steel girder bridge, 2) 3-span concrete segmental bridge, 3) 4-span concrete segmental bridge
• limiting future development, implementing travel demand management initiatives, improving transit services and expanding capacity on other roadways
• considering road alignments and several different crossing configurations for the road extension

The Regional Municipality of Halton has concluded that the best alternative is to extend Wyecroft Road. This will include constructing a twin 4-span steel girder bridge over Bronte Creek, which ensures that the bridge piers will be at least 25 m away from the creek channel, eliminating the need for impacts below the high-water mark of Bronte Creek.

The preferred alignment balances the costs to complete the road extension while minimizing impacts on the natural environment to the extent possible relative to the other alternatives that were considered through the EA and updated alternatives assessment

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 habitat. These may include:

• undertake any in-water work at a time of year when the species is less sensitive to disturbance (July 1 to September 15)
• install sediment and erosion control measures to prevent harmful effects to water quality and natural areas that could result from construction activities
• ensure that the 9,575 m² damaged during construction of the site is sufficiently restored, stabilized, and enhanced as soon as construction activities are completed
• ensure the existing flows in the watercourse are maintained during all stages of the activities
• isolate the work areas from the stream channel
• train site personnel about the sensitivities associated with working in, and adjacent to, a Silver Shiner watercourse
• ensure a qualified professional oversees the implementation of the permit conditions (if issued)
• ensure materials and equipment are operated and stored in manner to prevent harmful substances from entering the watercourses
• ensure vehicles and equipment refueling and maintenance will be conducted away from watercourses
• ensure measures are implemented to minimize handling and stress to Silver Shiner should they be encountered in the isolated work area
• monitor the project’s impacts and mitigation measures to ensure they are effective

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.

More information on species at risk overall benefit permits.