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:
April 19, 2022
to May 19, 2022
Decision summary
The Minister has issued an overall benefit permit under the Endangered Species Act, 2007 to The Regional Municipality of Durham for construction work that will adversely impact Redside Dace and its habitat. The permit includes actions to minimize adverse effects, actions to benefit the species, and monitoring and reporting requirements.
Location details
Site address
Whitby,
ON
Canada
Site location details
Winchester Road bridge Lynde Creek located approximately 300 m east of Baldwin Street.
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)
The Regional Municipality of Durham
605 Rossland Road East
Level 5
Whitby,
ON
L1N 6A3
Canada
Decision details
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.
Effects of consultation
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.
50 Bloomington Rd
Aurora,
ON
L4G 0L8
Canada
How to Appeal
Appeals are not allowed
This instrument type cannot be appealed. Learn more about our consultation process.
Connect with us
Contact
Todd Copeland
5520 Hwy 101 East
PO Bag 3020
South Porcupine,
ON
P0N 1H0
Canada
Original proposal
Why consultation isn't required
We are not required to consult on this permit proposal as it relates to an animal and therefore does not meet the required criteria set out in subsection 1.3(6) of Ontario Regulation 681/94 of the Environmental Bill of Rights,1993. We are voluntarily posting this notice to advise the public of this proposal and to invite the public to submit written comments to the contact person identified in this notice.
Proposal details
The Regional Municipality of Durham has submitted an application for an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) for impacts to Redside Dace so it can carry out improvements to Winchester Road in the Town of Whitby, Ontario.
The proposal may adversely impact
- Redside Dace individuals
- approximately 2122 m2 of Redside Dace 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
Redside Dace is listed on the Species at Risk in Ontario List as endangered; therefore, it is protected.
Habitat protection under subsection 10(1) of the ESA applies to Redside Dace. Ontario Regulation 242/08 prescribes the specific habitat of Redside Dace.
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 species
The Regional Municipality of Durham is working to identify proposed actions that would achieve an overall benefit for Redside Dace. These may involve:
- improvements to the drainage system at the Lynde Creek East through the installation of a storm water management system including oil-grit separator
- use of live staking downstream of the outlet pipe will also provide additional water quality control
Reasonable alternatives being considered
The Regional Municipality of Durham has explored alternatives, including alternatives that would not adversely affect Redside Dace and their habitat. These include:
do nothing:
- potential adverse effects on species or habitat(s) will 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: 17m 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 will be 903 m2 or greater
- temporarily disturbed areas will 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 will 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 will be 903 m2. Temporarily disturbed areas will 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 will be 903 m2 or temporarily disturbed areas will be returned to pre-construction conditions or better
alternative 5: Widening roadways in alternate areas/redirecting traffic flow to eliminate need for widening of Winchester Road at Lynde Creek
- potential adverse effects on species or habitat(s) will 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 Regional Municipality of Durham has concluded that the best alternative is 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.
Actions to minimize adverse effects on the species
The Regional Municipality of Durham is seeking ways to minimize adverse effects on the Redside Dace and its habitat. These may include:
- performing in-water work at a time of year when Redside Dace are less sensitive to disturbance (July 1 to September 15) restoring disturbed areas
- developing and implementing Environmental Plan/Erosion and Sediment Control (EP/ESC) Plan which includes measures for vehicle maintenance and spills response
- ensuring works within water will be isolated and dewatered
- scheduling the installation and removal of isolation measures during low water to reduce the potential for the need for fish removal
- implement a fish relocation plan, as required
Other information
The Province has published a government response statement under subsection 12.1 of the Endangered Species Act, 2007 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 Act have been satisfied.
More information on species at risk overall benefit permits.
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 April 19, 2022
to May 19, 2022
Connect with us
Contact
Todd Copeland
5520 Hwy 101 East
PO Bag 3020
South Porcupine,
ON
P0N 1H0
Canada
Comments received
Through the registry
0By email
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0