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

On March 8, 2023, the Minister of the Environment, Conservation and Parks issued an overall benefit permit to The Regional Municipality of Durham under s. 17(1) of the Endangered Species Act, 2007 (ESA) for Redside Dace so they can make improvements to Winchester Road in Whitby, Ontario. Redside Dace is listed on the Species at Risk in Ontario List as endangered.

The permit will authorize The Regional Municipality of Durham to adversely impact:

• Redside Dace
• up to 2122 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 development opportunities in the province.

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 includes conditions that require The Regional Municipality of Durham to undertake measures that will:

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

Actions to minimize adverse effects to species

The permit requires The Regional Municipality of Durham to:

• restore disturbed areas as per the restoration plan
• restrict activities that pose a high risk for sedimentation and erosion in Redside Dace habitat to occurring between July 1 and September 15
• maintain riparian vegetation to the extent possible
• develop and implement an Environmental Protection / Erosion and Sediment Control Plan which includes measures for vehicle maintenance and spills response
• restore temporary access roads as per the restoration plan
• isolate and dewater works within water
• control all equipment maintenance and refueling to prevent any discharge of petroleum products
• maintain, wash and refuel vehicles at least 30 metres away from the watercourse and watercourse banks
• store all construction materials, machinery and equipment used for project activities at least 30 metres from the watercourse, and use them in a way that prevents any sediment or harmful substances from entering the watercourse
• maintain continuous water flow during construction so that water continues to flow to downstream habitat
• schedule the installation and removal of isolation measures during low water to reduce the potential for the need for fish removal
• develop a fish relocation plan and implement it if required

Actions to achieve an overall benefit to species

The permit requires The Regional Municipality of Durham to achieve an overall benefit for the species within a reasonable timeframe, including:

• improving the drainage system at the Lynde Creek East crossing by installing an oil-grit separator, Stormceptor model STC-9000 or equivalent, connected to the proposed storm sewer system, that will:
  • be used for quality control
  • remove at least 83% of total suspended solids before discharging to Lynde Creek adjacent to the east bank
• including stone protection and live staking downstream of the outlet pipe in the drainage system, which will also provide additional quality control

The existing condition of the current storm water system at this location results in channel erosion due to the flow of the run-off. This causes:

• increased turbidity and suspended solid concentrations entering the creek
• suspended material including litter (paper, non-biodegradable household, commercial and industrial packaging), oils and surfactants on road surfaces being deposited into Lynde Creek

The proposed benefit actions will improve water quality by having a storm water management system designed to collect, convey and control runoff generated by storms, up to and including the 100-year event.

Water quality will also be improved as the oil-grit separator will provide a minimum 83% Total Suspended Solids removal efficiency.

Overall, this will improve the general health of the creek.

Other information

Reasonable alternatives were considered, including alternatives that would not adversely affect the species, such as:

Do nothing:

• potential adverse effects on species or habitat(s) would be avoided at this location but may occur at other locations since the need for road widening has been identified as a result of increased traffic

Alternative 1: 17 m wide bridge plus 4.0 m wide pedestrian bridge:

• permanent disturbance: approximately 1,350 m² above the bankfull width of Lynde Creek to accommodate road and bridge widening and pedestrian walkway
• temporary disturbance would: 903 m² or greater
• temporarily disturbed areas would be returned to pre-construction conditions or better

Alternative 2: 19.8 m wide bridge:

• permanent disturbance: 1,219 m² above the bankfull width of Lynde Creek to accommodate road and bridge widening and pedestrian walkway
• temporary disturbance: 903 m² within regulated habitat for access and work areas during construction.
• temporarily disturbed areas would be returned to pre-construction conditions or better

Alternative 3: 23.4 m wide bridge:

• permanent disturbance: considerably greater than the 1,350 m² in Alternative 1
• temporary disturbance: 903 m²
• temporarily disturbed areas would be returned to pre-construction conditions or better

Alternative 4: 29.9 m bridge

• permanent disturbance: considerably greater than the 1,350 m² in Alternative 1
• temporary disturbance: 903 m²
• temporarily disturbed areas would be returned to pre-construction conditions or better

Alternative 5: widening roadways in alternate areas or redirecting traffic flow to eliminate need for widening of Winchester Road at Lynde Creek:

• potential adverse effects on species or habitat(s) would be avoided at this location but may occur at other locations since the need for road widening has been identified as a result of increased traffic

The best alternative has been determined to be Alternative 2. This design alternative provides a balance between upgrading the existing road and limiting the adverse effects to Redside Dace and Redside Dace habitat.

Government response statement for Redside Dace

Ontario has published a government response statement (GRS) under section 12.1 of the Endangered Species Act (ESA) with respect to Redside Dace. You can access this statement through the ministry’s website: https://www.ontario.ca/page/redside-dace-government-response-statement.

Consideration was given to this GRS and proposed permit conditions align with the objectives outlined in the GRS, including:

• supporting partners to undertake activities to protect and recover Redside Dace including support provided through permits (including conditions);
• ensuring appropriate timing windows for activities in and around Redside Dace habitat are considered; and
• rehabilitating degraded Redside Dace habitat.