There is no requirement to post this notice on the Environmental Registry of Ontario, but we wanted to hear your thoughts. Thank you for your feedback.
This consultation was open from:
February 19, 2020
to March 20, 2020
Decision summary
The minister has issued an overall benefit permit under the Endangered Species Act, 2007 to the Ministry of Transportation for construction activities that will impact Redside Dace, which is a species at risk. The permit includes actions to minimize adverse effects and benefit the species, as well as monitoring and reporting requirements.
Location details
Site address
Huron County,
N0M 1G0
Canada
Site location details
Highway 21 Gully Creek crossing in the Municipality of Central Huron, Huron County
Site location map
The location pin reflects the approximate area where environmental activity is taking place.
View this location on a map opens link in a new windowProponent(s)
Ontario Ministry of Transportation
659 Exeter Road
London ,
ON
N6E 1L3
Canada
Decision details
On February 26, 2021, a permit was issued to the Ministry of Transportation, under ss. 17(1) of the Endangered Species Act (ESA) relying on the criteria in clause 17(2)(c) of the ESA, regarding Redside Dace.
The permit authorizes the removal and replacement of the Gully Creek crossing on Highway 21 in the Municipality of Central Huron, Huron County. This activity will have the following impacts:
- damage 4,615 m2 of Redside Dace habitat
- destroy 4,457 m2 of Redside Dace habitat
The permit requires the Ministry of Transportation to undertake measures that will:
- minimize adverse effects to the species
- achieve overall benefit to species within reasonable timeframe
Actions to minimize adverse effects to species
The permit requires the Ministry of Transportation to:
- construct a clear span (i.e. no footings in river), as opposed to culvert, to reduce in-water impacts
- complete in-water works quickly to reduce impacts to aquatic habitat
- restrict in-water works to time when species is less vulnerable to disturbance (i.e. between July 1-September 15)
- implement a sediment and erosion control plan during all site prep and construction
- implement best management practices to avoid injury to fish during fish recovery and transfer prior to isolating and de-watering portion of the creek to remove culvert
- maintain downstream flow by pumping around work area
Actions to achieve an overall benefit to species
The permit requires the Ministry of Transportation to achieve an overall benefit for the species within a reasonable timeframe. The Ministry of Transportation is required to:
- create approximately 290 m2 of aquatic habitat by removing a concrete-lined channel and rehabilitating the habitat to be a naturalized channel
- enhance approximately 500 m2 of riparian habitat to reduce bank erosion and improve in-creek water quality
- These steps are expected to create suitable habitat for the species where it does not currently exist
The proposed overall benefit activities are intended to:
- mitigate existing thermal pressures downstream in order to permanently provide habitat quality improvements
- reduce a key threat to the species and promote long-term recovery for the species
Government response statement for Redside Dace
Ontario has published a government response statement under section 12.1 of the Endangered Species Act, 2007 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.
The Minister considered the following points in reaching a decision regarding the permit:
- ensuring appropriate timing windows for in-stream works in Redside Dace habitat
- supporting partners to undertake activities to protect and recover Redside Dace including support provided through permits (including conditions)
- rehabilitating degraded Redside Dace habitat
Other information
Other alternatives that would not adversely affect the species were considered, such as:
- not proceeding with replacing the failing culvert
- replacing the culvert with a wider and longer, open bottom culvert
- replacing the culvert with a 43 m spanning bridge and natural channel with full removal of concrete apron to allow fish passage
- replacing the culvert with a 43 m spanning bridge and naturalized channel, retaining the concrete apron and a portion of the concrete spillway
- This alternative will also increase rock material in the plunge pool downstream of the existing concrete spillway and apron to reduce the ability of jumping species to bypass the concrete apron
The best alternative that has been adopted includes replacing the culvert with a bridge. This alternative was selected as the best alternative due to:
- the ability to restore the existing condition to a much improved condition from various perspectives (i.e. natural heritage, creek health, drainage, increasing species at risk fish habitat, etc.)
- the intent to create suitable habitat for Redside Dace in an area that is not currently functioning as suitable habitat (i.e., the concrete lined channel)
- the design increases available habitat to Redside Dace that may occupy the area upstream of the culvert
Effects of consultation
Public consultation on the proposal for this Endangered Species Act permit was provided for 30 days, from February 19, 2020 to March 20, 2020. We did not receive any comments in response to this proposal.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
How to Appeal
Appeals are not allowed
This instrument type cannot be appealed. Learn more about our consultation process.
Connect with us
Contact
Kristina Hubert
300 Water Street
4th Floor, South tower
Peterborough,
ON
K9J 3C7
Canada
Original proposal
Why consultation isn't required
Under Ontario Regulation 681/94 under the Environmental Bill of Rights, 1993, this proposal for an instrument is not classified as a type of proposal for which notice is required to be given on the ER (as it does not meet the criteria set out in subsection 1.3(6) of Ontario Regulation 681/94).
However, the ministry is posting this notice on the ER regarding for a 30-day public review and comment period, in order to advise the public of this overall benefit permit application and to invite comments on the permit proposal.
Proposal details
The Ministry of Transportation (MTO) (the Applicant) is seeking an overall benefit permit (GU-C-001-19) from the Ministry of the Environment, Conservation and Parks (the ministry) to destroy 4457 square metres as well as damage to 4615 square metres of riparian habitat for Redside Dace as is necessary to remove and replace the Gully Creek crossing on Highway 21 in the Municipality of Central Huron, Huron County.
These impacts will occur within the existing embankment, slope, ditch and floodplain abutting Gully Creek.
Redside Dace is listed on the Species at Risk in Ontario (SARO) list, under O. Reg. 230/08 of the ESA, as endangered.
Habitat degradation resulting from pollution, sedimentation and warm water entering their aquatic habitat is the most significant threat to the protection and recovery of Redside Dace in Ontario.
Sections 9 and 10 of the Endangered Species Act, 2007 (ESA) provide protection for individual members of a species and their habitat if that species is listed on the SARO list as extirpated, endangered or threatened.
Under clause 17(2)(c) of the ESA, 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 ESA 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 ESA involves improving circumstances for the species in Ontario. Overall benefit is more than “no net loss” or an exchange of “like for like”. Overall benefit means the protection and recovery of the species at risk and must include more than mitigation measures or “replacing” what is lost.
The Ministry of Transportation is exploring alternatives that would not adversely affect the species, including not replacing the failing culvert.
The Ministry of Transportation has indicated that it is seeking ways to minimize adverse effects on the species, such as:
- constructing a clear span (i.e. no footings in river), as opposed to culvert, to reduce in-water impacts
- completing in-water works in an expedited manner (i.e. maximum 2.5 months in water) to reduce impacts to aquatic habitat
- restricting in-water works to time when species is less vulnerable to disturbance (i.e. between July 1-September 15)
- implementing a sediment and erosion control plan during all site prep and construction
- implementing BMPs to avoid injury to fish during fish recovery and transfer prior to isolating and de-watering portion of the creek to remove culvert
- maintaining downstream flow by pumping around work area
The Ministry of Transportation is working to identify actions that would achieve an overall benefit for the species, which may involve:
- creating approximately 290 square metres of aquatic habitat by removing a concrete-lined channel and rehabilitating the habitat to be a naturalized channel
- enhancing approximately 500 square metres of riparian habitat to reduce bank erosion and improve in-creek water quality
These steps would be expected to result in the creation of suitable habitat for the species where it does not currently exist.
A government response statement, which outlines protection and recovery actions the government will take and support, has been published under subsection 11(8) of the ESA for Redside Dace and will be considered before a decision is made on whether to issue an overall benefit permit.
Posting this proposal on the Environmental Registry does not imply that we 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.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
Comment
Commenting is now closed.
This consultation was open from February 19, 2020
to March 20, 2020
Connect with us
Contact
Clairissa Myschowoda
300 Water Street
4th Floor, South tower
Peterborough,
ON
K9J 3C7
Canada
Comments received
Through the registry
0By email
0By mail
0