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

The Region of Peel is seeking an overall benefit permit so it can reconstruct and widen Airport Road in the Town of Caledon, Ontario.

The proposal may:

• impact Redside Dace
• adversely impact approximately 25,570 m² of Redside Dace habitat

Redside Dace is listed as endangered on the Species at Risk in Ontario List, under Ontario Regulation 230/08 of the Endangered Species Act.

Subsection 9(1) of the Endangered Species Act protects endangered, threatened (and extirpated) species on the Species at Risk in Ontario List.

Habitat protection under subsection 10(1) of the Endangered Species Act applies to Redside Dace. Ontario Regulation 242/08 prescribes the specific habitat of Redside Dace.

Under clause 17(2)(c) of the Endangered Species Act, 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 Endangered Species Act 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 Endangered Species Act involves 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 Region of Peel is seeking ways to provide an overall benefit to Redside Dace. These may involve:

• removing 485 m² existing undersized structures and replacing them with 1,079 m² larger open bottom structures to alleviate sediment deposition and erosion associated with constricted flows
• improving stormwater management through activities such as:
  • replacing undersized existing structures with larger structures
  • enhancing bioretention with sub-surface sand filter and underdrain
  • installing storm sewers to convey the 10-year design and to outlet through oil-grit separators to provide improved water quality treatment in comparison to the pre-existing condition upstream of receiving watercourse
  • performing natural channel design and riparian plantings to create deeper pools, diversify channel morphology and increase overhanging vegetation that will significantly enhance habitat for Redside Dace in this area that is currently degraded
  • performing monitoring of the restored stream channel

These actions are expected to achieve overall benefits for Redside Dace, resulting in:

• significant enhancements to habitat in this area
• improved water quality

Reasonable alternatives being considered

The Region of Peel has explored a range of alternatives, including alternatives that would not adversely affect Redside Dace and its habitat. These include:

• not proceeding with the proposed development
• modifying three existing structures over Salt Creek to extend the structures at both ends
• replacing the structures with a pre-cast headwall and retaining wall
• replacing existing structures with span bridges
• replacing existing structures with a precast open bottom concrete bridge and two precast concrete open footed culverts

The Region has concluded that the best alternative includes:

• replacing the bridge with a larger span bridge
• replacing the existing culverts with precast concrete open footed culverts

This was identified to be the most effective way to reduce the technical, biological and economic limitations while still meeting the objective of the proposed project activities.

Actions to minimize negative effects to the species

The Region of Peel is seeking ways to minimize adverse effects on Redside Dace and their habitat. These may include:

• undertaking works at a time of year when Redside Dace are less sensitive to disturbance (e.g., July 1 to September 15)
• installing sediment and erosion control measures to prevent deleterious effects to water quality and natural areas that could result from construction activities
• ensuring the site is sufficiently stabilized and revegetated as soon as construction activities are completed within the appropriate growing season or if stabilization is delayed, short term erosion control measures shall be used
• carrying out and reporting handling of any incidental encounters with Redside Dace
• ensuring materials and equipment are operated and stored in manner to prevent deleterious substances from entering the watercourse
• ensuring vehicles and equipment refueling and maintenance will be conducted away from watercourse
• ensuring on-site personnel are aware of the importance of maintaining proper erosion and sediment controls and fish exclusion measures
• ensuring the work space is isolated and flow is maintained during all stages of construction

Other information

The province has published a government response statement  under subsection 12.1 of the Endangered Species Act with respect to Redside Dace. The response statement will be considered before a decision to issue an overall benefit permit.

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 Endangered Species Act have been satisfied.