North Pickering Community Management Inc. - Permit for activities to achieve an overall benefit to a species

Instrument decision

On March 15, 2022, the Minister of the Environment, Conservation and Parks issued an overall benefit permit to the North Pickering Community Management Inc. under ss. 17(1) of the Endangered Species Act, 2007 (ESA) for Redside Dace in order to carry out improvements to Rossland Road at the Ganastekiagon Creek crossing in the City of Pickering, Ontario. Redside Dace is listed on the Species at Risk in Ontario List as endangered.

The permit will authorize the North Pickering Community Management Inc. to adversely impact:

• up to 1655 m² of Redside Dace habitat to allow construction of the free span bridge and necessary infrastructure; and
• up to 4863 m² of Redside Dace habitat through clearing of the site to establish an access road, and construction work areas

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 North Pickering Community Management Inc. 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 North Pickering Community Management Inc. to carry out actions to minimize adverse effects, including:

• using one or more Qualified Professionals where necessary
• identifying and staking the regulated Redside Dace habitat prior to commencing any construction activities
• preventing work within Regulated Redside Dace Habitat beyond the timing window for cold water species (July 1st to September 15th), with exception of work involved in the construction of the bridge or road embarkments that are not in-water.
• carrying out In-water Project Activities in dry conditions with the use of coffer dams or equivalent
• using a qualified aquatic biologist/ecologist to capture and transfer any Redside Dace, from the isolated workspace, prior to any dewatering activities
• maintaining existing stream flows in the Tributary while project activities are occurring
• operating and storing all materials and equipment used in such a manner that prevents any deleterious substance from entering the water or natural environment
• provide training to ensure that the all persons working at the site are aware of the importance of maintaining proper sediment and erosion controls and site isolation measures for the duration of construction
• ensuring machinery arrives on site in a clean condition and is checked and maintained free of fluid leaks
• installing erosion and sediment control fencing prior to the commencement of work and maintain the fence 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 prior to commencement of construction
• ensuring there is no direct discharge from dewatering areas to the watercourse. Dewatering must be 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 following the completion of the proposed works

Actions to achieve an overall benefit to species

The permit requires the North Pickering Community Management Inc. to achieve an overall benefit for the Redside Dace within a reasonable time by requiring:

• removal of the culvert and installation of a large clear span bridge and reintroducing a natural channel at the location of the Rossland Road and Ganatsekiagon Creek crossing.
• rehabilitation of the site, which will result in the creation of minimum of 2102 m² of Redside Dace habitat.
• installation of a Stormwater Management System capable of:
  • minimizing storm water volume peak flows events
  • reducing contaminant and total suspended solids to meet targets for species recovery
• three years of post-construction monitoring to monitor and evaluate the effectiveness of the natural channel design and landscape restoration.

These actions will result in an overall benefit to the species as;

• • removal of the culvert and re-introduction of a natural stream removes potential barrier to fish movement
  • rehabilitation of the site is expected to improve the quality and function of the riparian habitat and planting the riparian zone with a diverse mix of native shrubs and groundcovers is expected to promote the establishment of native species including overhanging grasses along the channel banks to enhance foraging opportunities
  • installation of the stormwater management system will improve the quality of water as it enters the stream

Other information

North Pickering Community Management Inc. considered other reasonable alternatives, including:

• not proceeding with the project
• replace existing culvert with 25.6 metre Span Culvert
• replace existing culvert with 47 metre Single Span Bridge
• replace existing culvert with 76 metre Three Span Bridge

The best alternative for the project includes installing a 47 metre single span bridge with two stormwater facilities with oil and grit separators. Access to the site will be through creation of new access roads and where possible, repurposing existing hydro access roads.

This alternative best addresses the purpose of the activity by satisfying future transportation requirements and provides for beneficial improvements to the aquatic community, including the Redside Dace. This alternative spans the meander belt and successfully opens the currently constricted aquatic and terrestrial environment within the confined creek valley.

Government response statement for Redside Dace

A Government Response Statement (GRS) for Redside Dace was published in November 2010 and is available at: https://www.ontario.ca/page/redside-dace-government-response-statement. The proposed permit conditions align with the objectives outlined in the GRS, including:

• ensuring appropriate timing windows for 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.