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

On June 29, 2021, the Minister issued an overall benefit permit to Regional Municipality of Halton under s. 17(1) of the Endangered Species Act, 2007 (ESA), with respect to and Silver Shiner, for the for the widening of the Tansley Bridge that crosses Bronte Creek in Burlington. This is part of the reconstruction of Dundas Street (Reg. Rd. 5) from Appleby Line (Reg. Rd. 20) to 288 metres west of Tremaine Road (Reg. Rd. 22) in the City of Burlington, Ontario.

The permit will authorize Regional Municipality of Halton to impact Silver Shiner and its during construction.

Silver Shiner is listed on Species at Risk in Ontario List as threatened; therefore it is protected.

Averse impacts to Silver Shiner and its habitat from this project include:

• impacting 667 m² of floodplain habitat from alterations of bank to allow construction of the north side piers and footings, and adding protection rock on the east bank
• impacting 2843 m² of floodplain habitat through clearing of the site to establish and access road, work areas, and construction of a temporary vehicle crossing under the bridge

The permit requires Regional Municipality of Halton to:

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

Protecting species at risk

Our government is committed to protecting species at risk and providing strong environmental oversight, while working to support a safe and efficient transportation system in Ontario.

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, 2007 gives the Minister the discretion to authorize activities if certain conditions can be met.

Actions to minimize adverse effects to species

For Silver Shiner, the permit requires Regional Municipality of Halton to:

• replant temporarily disturbed natural areas of the floodplain habitat with the same or similar native species that are present now, or species otherwise compatible with the existing site conditions and vegetation community
• install rigorous erosion and sediment controls including containment and dewatering measures, and ensuring rigorous inspection throughout construction
• implement the Erosion and Sediment Controls (ESC)
• minimize the extent of in-water construction zone using isolation methods designed to minimize creek flow into the work area
• conduct the work within appropriate timing windows and employing fish rescue measures
• monitor planted vegetation for a minimum of three years, and replant to achieve a survival level above 80%

Actions to achieve an overall benefit to species

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

• improving stormwater management system on Dundas Street for drainage of existing and additional proposed lanes
• repairing and stabilizing a 90-metre-long section (at least 1,500 m²) of severely eroding creek bank located 3.8 km upstream at Mount Nemo Scout Camp on the east bank of Bronte Creek at Sideroad 2 using a vegetated rock buttress

Other information

The Regional Municipality of Halton considered other reasonable alternatives, including:

• not proceeding with the development
  • this option would not achieve the purpose of the project in providing the infrastructure necessary to meet the growing transportation needs in Halton Region
• extend bridge to the north, demolishing and replacing the south structure of the bridge with new piers
  • construction access requires the temporary vehicle crossing with pier to be in the middle of the channel (south of bridge) outside of existing footprint
  • construction access from west to east requires vegetation removal south of existing bridge footprint
• extend bridge to the north, including expanding piers and replace deck structure. Design includes erosion protection upstream of bridge to reduce erosion near northeastern pier
  • construction access requires the temporary vehicle crossing to be within the existing bridge footprint avoiding the need for an in-water pier in the channel
  • potential loss of floodplain habitat will likely be minimized by putting the temporary vehicle crossing within the previously disturbed bridge footprint

The Regional Municipality of Halton determined that the best alternative for the project is to extend the bridge to the north, including expanding piers and replacing deck structure. Construction access and temporary vehicle crossing will be located within the previously disturbed bridge footprint. With this option, the overall footprint of the bridge would be minimized. Most of the impacts with construction access would be in already cleared or disturbed areas in the floodplain habitat. This option would reduce the need to disturb new areas within the species habitat.

Government response statement for Silver Shiner

A government response statement has not been published under subsection 12.1 of the ESA for Silver Shiner.