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

The Regional Municipality of Peel is seeking an overall benefit permit for impacts to Jefferson Salamander / Unisexual Ambystoma to carry out road improvements to Winston Churchill Boulevard and Old Base Line Road in the Region of Peel, Ontario.

The proposed activities may adversely impact:

• Jefferson Salamander / Unisexual Ambystoma
• up to18,292.5m2 of Jefferson Salamander/ Unisexual Ambystoma habitat

Protecting species under the Endangered Species Act

The Ontario government is committed to protecting species at risk and providing strong environmental oversight, while working to support development opportunities in the province.

Ontario provides protections for species at risk and their habitats under the Endangered Species Act, 2007 (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

Jefferson Salamander / Unisexual Ambystoma is listed as endangered on the Species at Risk in Ontario List, under Ontario Regulation 230/08 of the Endangered Species Act, 2007 (ESA).

Under clause 17(2)(c) of the ESA, the Minister may issue a permit authorizing a person to engage in an activity that would otherwise be prohibited by sections 9 or 10 of the ESA 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 means 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 Peel is working to identify proposed actions that would achieve an overall benefit for to Jefferson Salamander/ Unisexual Ambystoma. These may involve:

• installing of dry wildlife passage crossings and directional fencing to provide safe passage between the forested areas within regulated habitat and forest and breeding ponds to the west of Old Base Line road:
• one dry wildlife passage crossings and directional fencing installed on Old Base Line Road
• two dry wildlife passage crossing, and directional fencing installed on Winston Churchill Boulevard
• monitoring wildlife crossing for effectiveness for 5 years

Reasonable alternatives being considered

The Regional Municipality of Peel has explored alternatives, including alternatives that would not adversely affect Jefferson Salamander/ Unisexual Ambystoma and its habitat. These include:

Alternatives 1: Do nothing

• does not address the main purpose of the project, which is to improve stormwater drainage, deteriorated pavement, minimal road shoulders and problematic sight lines.

Alternatives 2: 10m platform rural Road

• ditch and grading/tree clearing/infilling ranging from approximately 3.0 m to 10.5 m beyond the existing edge of pavement
• while this option does address improved drainage and pavement reconstruction, it is not the preferred option, as it does not address the main goal of the project associated with accommodating shared use of the roadway.

Alternatives 3: 11.4m platform rural road

• ditch and grading/tree clearing/infilling ranging from approximately 3.0 m to 12.0 m
• retains the rural character of the road, better accommodates, and reduces conflicts between all road users through paved shoulders that meet design standards, while reducing property and natural environment impacts.

Alternatives 4: 11.4m platform semi-rural road

• grading/tree clearing/infilling ranging from approximately 3.0 m to 6.5 m beyond the existing edge of pavement, with underground infrastructure for drainage
• accommodates and reduces conflicts between all road users through paved shoulders that meet design standards, while minimizing property and natural environment impacts

Alternatives 5: 10m platform semi-rural road

• grading/tree clearing/infilling ranging from approximately 2.0 m to 5.0 m beyond the existing edge of pavement, with underground infrastructure for drainage.
• least potential for direct impacts to Habitat, although it is not the preferred option, as it does not address the main goal of the project associated with accommodating shared use of the roadway

The Proponent has concluded that the best alternative includes alternative 3 where ROW width and constraints allow, and with alternative 4 in selected areas where required due to right of way width constraints. This approach accommodates and reduces conflicts between all road users through paved shoulders that meet design standards, while reducing property and natural environment impacts including impacts on Jefferson Salamander/Unisexual Ambystoma and its habitat.

Actions to minimize negative effects to the species

The Regional Municipality of Peel is seeking ways to minimize adverse effects on Jefferson Salamander and their habitat. These may include:

• restricting vegetation and tree removal in regulated habitat between March 1 - November 15 of any year
• storing and operating all construction material and equipment in a way that prevents harmful substances from entering any forest, vernal pool, watercourse or wetlands located within the regulated habitat
• installing and maintaining non-woven silt fencing to enclose the work area, to:
• prevent sediment and deleterious materials from entering forests, vernal ponds, watercourses and/or wetlands within regulated habitat
• exclude salamanders from the construction area
• storing and stabilizing any stockpiled materials, including but not limited to excavated overburden and topsoil, outside of regulated habitat
• stabilizing all disturbed areas, once construction activities are complete, via topsoil and seeding and tree/shrub planting as specified in the landscape plan drawings
• using retaining walls where feasible to reduce grading impacts
• Road works may only continue during the active season provided wildlife crossings and directional fencing are functional.
• capturing or collecting Jefferson Salamander only as necessary to remove individual salamanders from the work area and release them to the closest appropriate undisturbed habitat
• transporting Jefferson Salamander to a local veterinarian for treatment if an individual is accidentally injured and requires care

Other information

The Province has published a government response statement under subsection 12.1 of the ESA with respect to Jefferson Salamander. The response statement will be considered before a decision to issue an overall benefit permit.

A copy of the government response statement for Jefferson Salamander / Unisexual Ambystoma is available at: https://www.ontario.ca/page/jefferson-salamander-and-unisexual-ambystoma-jefferson-salamander-dependent-population-government.

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 ESA have been satisfied.

More information on species at risk overall benefit permits