North Pickering Community Management Inc. - Permit for activities to achieve an overall benefit to a species

North Pickering Community Management Inc. is seeking an overall benefit permit so it can widen and improve the existing Whitevale Road. The road will be re-named and new road alignment established for the continuation of Alexander Knox Road in the Seaton Community, City of Pickering, Ontario.

The proposal may:

• impact Redside Dace
• adversely impact approximately 3,726 m² of Redside Dace habitat

Redside Dace is listed as endangered on the Species at Risk in Ontario List, under Ontario Regulation 230/08 of the Endangered Species Act, 2007.

Subsection 9(1) of the Endangered Species Act, 2007 protects endangered, threatened (and extirpated) species on the Species at Risk in Ontario List.

Habitat protection under subsection 10(1) of the Endangered Species Act, 2007 applies to Redside Dace. Ontario Regulation 242/08 prescribes the specific habitat of Redside Dace.

Under clause 17(2)(c) of the Endangered Species Act, 2007, 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 Endangered Species Act, 2007 if:

• 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 Endangered Species Act 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

North Pickering Community Management Inc. is seeking ways to provide an overall benefit to Redside Dace. These may involve restoring the natural form and function to the Ganatsekiagon and Urfe Creeks at four existing culverts.

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

• restored fish passage by removing barriers
• increased riparian form and function
• cooler temperatures preferred by the species

Reasonable alternatives being considered

North Pickering Community Management Inc. has explored a range of alternatives, including alternatives that would not adversely affect Redside Dace and its habitat. These include:

• not proceeding with the proposed development
• using a single span abutment structure as a structure design alternative
• using a single span steel plate pipe arch as a structure design alternative
• using a single span concrete arch as a structure design alternative

North Pickering Community Management Inc. has concluded that the best alternative includes using a single span concrete arch as a structure design alternative.

They identified this as the design alternative that provides a balance between the objective of constructing a new arterial road and limiting the adverse effects to Redside Dace and Redside Dace habitat.

Actions to minimize negative effects to the species

North Pickering Community Management Inc. is seeking ways to minimize adverse effects on Redside Dace and their habitat. These may include:

• installing erosion and sediment control fencing at the grading limits before starting work and maintaining the fence until disturbed areas have been effectively stabilized
• removing vegetation between October 1 to April 30
• posting information sheets on site to inform all workers about Redside Dace
• identifying and staking regulated habitat before starting any construction activities
• ensuring materials and equipment are operated and stored in a manner to prevents deleterious substances from entering the watercourse
• no equipment or machinery is permitted in the watercourses at any time
• ensuring machinery arrives on site in a clean condition and is maintained in a good condition
• ensuring on-site personnel are aware of the importance of maintaining proper erosion and sediment controls and fish exclusion measures
• ensuring no sediment laden water is discharged to the watercourses at any time
• performing daily monitoring of weather conditions to ensure safe working conditions and reduce the potential for impacts to Redside Dace habitat
• in the event of an impending flood (greater than 2 year storm), temporarily halting all work until flood waters recede and soils are sufficiently dried out to support construction equipment
• developing a Spills Action Plan prior to commencement of construction
• works to be carried out during the approved in-water work timing window for Redside Dace (e.g., July 1 to September 15), unless otherwise authorized by MECP
• isolating all structural work away from the watercourse and conducting it in 'dry' conditions
• allowing only clean materials free of fine particulate matter to be placed in the water for temporary construction measures (e.g. coffer dams)
• directing dewatering discharge to a sediment containment and filtration system and then discharging to a well-vegetated area at least 30 metres from the watercourses or at an approved location
• protecting the pump discharge zone from erosion of channel sediments
• ensuring a qualified aquatic biologist/ecologist shall capture and transfer any stranded fish, including Redside Dace, from the isolated work area under appropriate licence
• ensuring all hoses drawing water from streams supporting fish during temporary flow management procedures are screened with fine mesh to prevent potential impingement or entrainment of fish

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 Endangered Species Act, 2007 have been satisfied.