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

Instrument decision

On April 21, 2022, the Minister of the Environment, Conservation and Parks issued an overall benefit permit to the Regional Municipality of York under subsection 17(1) of the Endangered Species Act, 2007 (ESA) concerning Redside Dace and its habitat. The permit enables the applicant to carry out improvements to Teston Road at the Purpleville Creek crossing in the City of Vaughan, Ontario.

The permit authorizes the Regional Municipality of York to adversely impact:

• Redside Dace individuals
• up to 4764 m² of Redside Dace habitat

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

The permit, through conditions, requires the Regional Municipality of York to:

• minimize adverse effects on Redside Dace
• achieve overall benefit to Redside Dace within a reasonable time

Actions to minimize adverse effects to species

For Redside Dace, the permit requires the Regional Municipality of York to carry out actions to minimize adverse effects, including:

• using one or more Qualified Professionals where necessary to carryout permit conditions
• working during the in-water work timing window for Redside Dace (July 1 to September 15)
• isolating all in water work and conducting work ‘in the dry’ using appropriate measures (e.g. coffer dams)
• using a Qualified Professional to capture and transfer any Redside Dace from the isolated workspace before any dewatering activities
• ensuring all water intakes to dewater are screened to protect fish form being harmed or killed
• maintaining existing flows in the watercourse while project activities are occurring
• operating and storing all materials and equipment used in such a manner that prevents any harmful substance from entering the water or natural environment
• providing training to ensure that all persons working at the site are aware of the importance of maintaining proper sediment and erosion controls and site isolation measures throughout construction
• ensuring machinery arrives on site in a clean condition and is checked and maintained free of fluid leaks
• installing erosion and sediment control measures before work starts and maintaining them until disturbed areas have been effectively stabilized
• ensuring no sediment laden water is discharged to the watercourses at any time
• developing a Spills Action Plan before construction starts and having it on site at all times
• ensuring all dewatering is directed to a sediment containment and filtration system and discharged to a well-vegetated area at least 30 metres from the watercourse
• restoring all disturbed areas within the regulated habitat limits immediately once work is complete

Actions to achieve an overall benefit to species

The permit requires the Regional Municipality of York to achieve an overall benefit for the Redside Dace within a reasonable time by requiring:

• realigning and restoring 322 m² of Redside Dace aquatic habitat by removing a box culvert and restoring the natural form and function of the habitat with pools, riffles and vegetated stone bank treatment
• installing an enhanced ‘treatment train’ approach and low impact development stormwater management designs (i.e. bioretention planters, oil grit separators, plunge pool pocket wetlands and plantings)
• realigning and enhancing 780 m² of offsite aquatic habitat Redside Dace habitat by removing gabion baskets and decommissioning a culvert to restore natural function to the channel with pools, riffles and vegetated stone bank treatment; and 2000 m² of plantings

These actions are expected to result in the following beneficial actions for Redside Dace as follows:

• Removing the potential barriers (i.e. existing box culvert) that can be a barrier to the movement of Redside Dace. By removing the culvert at Purpleville Creek and the gabion baskets at both sites, fish movement and safe passage can be significantly improved.
• Removing the culvert at Purpleville Creek and the gabion baskets at both sites, fish movement and safe passage at can be significantly improved.
• Naturalizing this reach of the creek significantly improves the form and function of the creek by emulating a natural meandering stream that provides better habitat suitability and higher quality habitat than what currently exists, which is necessary to promote successful reproduction of the species.
• Redside Dace are very sensitive to their environment and fluctuations in a number of water quality parameters (i.e. temperature, dissolved oxygen and total suspended solids) can be detrimental. Improving the water quality and quantity (i.e. stream hydrologic regime) released to Purpleville Creek achieved through the installation of the enhanced ‘treatment train’ of stormwater management design features where none previously existed will improve the habitat conditions for the species.
• Overhanging vegetation is critical as a food source to the species. Improving the quality and function of the riparian habitat including overhanging vegetation along the channel banks which the species needs for cover and food, and to moderating water temperature consistent with the Redside Dace habitat regulation (i.e. meander belt and 30 m riparian corridor), will improve the habitat conditions for the species.

Other information

Regional Municipality of York considered other reasonable alternatives, including:

• do nothing (existing culvert and slopes remain and no road widening/realignment)
• replace the box culvert with a 45-metre span bridge with 2:1 slopes
• replace the box culvert with a 45-metre span bridge with 1:1 slopes and reinforced soil slope wall
• replace the box culvert with a 45-metre span bridge with retaining walls only

The best alternative for the project includes replacing the box culvert with a 45-metre span bridge with 2:1 slopes. This alternative strikes a balance between:

• the objective of improving the crossing structure at the Teston Road and Purpleville Creek
• limiting the adverse effects to the species
• providing beneficial improvements to Redside Dace habitat

Government response statement

A government response statement (GRS) for Redside Dace was published on November 18, 2010.

The issued permit conditions align with the objectives outlined in the GRS, including:

• maintaining the current geographical distribution and abundance of Redside Dace through habitat protection, and ensuring protection of water quality and stream hydrology
• increasing awareness regarding the significance of Redside Dace and protecting its habitat
• rehabilitating degraded Redside Dace habitat