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Notice of permit

Regional or Local Number: DFO-16-HCAA-00565

Notice is hereby given that pursuant to the provisions of section 73 of the Species at Risk Act permit no. DFO-16-HCAA-00565 is issued.

Purpose:
Activity affecting the species is incidental to the carrying out of the activity

Description:
Elgin Mills Cemetery would like to build a bridge to allow for access to their lands on the east side of the Rouge River.

Start Date: 2017-07-01   End Date: 2017-09-15

Issuing Authority: Department of Fisheries and Oceans

Authority Used:

  • Species at Risk Act

Location of Activity (province, territory or ocean):

  • Ontario

Affected Species:

Pre-Conditions:
a) Alternatives for construction works: 1) Do nothing: Adverse effects on species and habitat avoided, however the purpose of the activity will not be achieved. Future demand within the cemetery will not be met, as the cemetery land use will be limited to the west side of the property. 2) 6 m Span Precast Structure: Minor permanent impacts to the species resulting from a slight reduction in light penetration. Temporary loss of riparian habitat associated with grading activities. Permanent loss of riparian habitat associated with installation of structure and road approaches and potential localized loss of terrestrial food sources within the crossing through the removal of riparian vegetation. May require substantial channel planform modifications and flow training. This option results in the greatest permanent loss of habitat. Estimated area of permanent impact to habitat is 2192 m2. 3) 12 m Span Precast Structure: Minor permanent impacts to the species resulting from a slight reduction in light penetration. Temporary loss of riparian habitat associated with grading activities. Permanent loss of riparian habitat associated with installation of structure and road approaches and potential localized loss of terrestrial food sources within the crossing through the removal of riparian vegetation. Wider structure will result in less modification of channel planform than with the 6 m structure option, but would still be required. Estimated area of permanent impact to habitat is 2046 m2. 4) 15 m Span Precast Structure (Preferred Crossing Option): Offset protection required underneath the bridge to limit widening of the creek due to lost vegetation growth caused by shading; however this is the widest precast span option involving the least impact to the channel planform. A small bank treatment consisting of a vegetated buttress is proposed for the upstream bend closest to the northwest retaining wall to prevent future migration; however the buttress will incorporate overhanging vegetation and in-stream cover beneficial to Redside Dace habitat. It would result in minor permanent impacts to the species resulting from a slight reduction in light penetration, and temporary loss of riparian habitat associated with grading activities. Permanent loss of riparian habitat associated with installation of structure and road approaches and potential localized loss of terrestrial food sources within the crossing through the removal of riparian vegetation. Estimated area of permanent impact is 1190 m2. Estimated area of additional temporary impact is 610 m2. Of the precast crossing options considered, this option minimizes the extent of temporary and permanent habitat loss and results in the greatest amount of light penetration. 5) Access from Elgin Mills Road: Adverse effects on species and habitat avoided, however this alternative was deemed to be ineffective in meeting the purpose of the project. Due to potential limitations (obstacle of Highway 404 onramp; construction outside of property limits, MTO and Region approval required), access from Elgin Mills Road is unlikely and future demand of the cemetery will not be met as the cemetery land use will be limited to the west side of the property. 6) Larger Span Structure: Construction of a span bridge across the river valley, with a higher elevation and abutments further back from the watercourse, would require additional fill and a larger construction footprint. In addition, precast structures are not available in a larger size than the 15m span, detailed above. Therefore, more construction on-site would be involved, resulting in a greater disturbance to the creek and valley. This option would also not be economically feasible for the client as this is intended to be a narrow, private roadway within the cemetery lands and not a public road crossing. Alternatives for fish relocation: Numerous methods of fish capture were considered, but the use of a backpack electrofisher was considered the most effective method of fish capture that resulted in the lowest likelihood of injury or mortality to Redside Dace. Minnow traps were deemed unacceptable due to the small size of the area, the passive nature of the traps as well as their propensity to cause long-term injury or increase mortality rates of fish captured. Seine nets were deemed impractical as they are most effective when used in large, open areas with smooth substrate. The area where dewatering is to occur is relatively small, and is not conducive to this method. High rates of injury and mortality would be expected due to abrasion on the net and extensive handling. Small-mesh gill nets, fyke nets and trap nets were also considered, but were deemed inappropriate due to the limited space available to set such devices. Additionally, the injury and mortality rates using these methods could be unacceptably high. Not undertaking a fish rescue was not considered since it is possible for Redside Dace to be in the area. A License of Collect Fish (LCF) for Scientific Purposes will also be obtained from the Aurora District MNRF to conduct any fish relocation work. All conditions for approval will be followed as outlined with the LCF. b) All feasible mitigation measures will be implemented during the construction works, including: Instream works will occur during the cold water fisheries timing window (July 1 to September 15) or as otherwise directed by the Ministry of Natural Resource and Forestry. An Erosion and Sediment Control Plan, conforming to industry standards, has been designed and will be followed. Immediately after construction all disturbed areas shall be graded, and organic soil shall be added with a suitable seed mix. Disturbed areas within 2 meters of the channel and along valley walls will be covered with coir cloth, jute mat, or crimped straw. The site will be revegetated as soon as conditions allow. c) No anticipated effects on the survival and/or recovery are anticipated. The fish rescue will be completed using methods intended to minimize injury and/or mortality of the fish, and probability of capture is low.

Contact Person(s)
Mr. Raymond Ratynski
Regional Manager, Species at Risk Program
Freshwater Institute, Fisheries and Oceans Canada
501 University Crescent
Winnipeg, MB
R3T 2N6
Tel: 204-983-4438
Fax: 204-983-5192
Ray.Ratynski@dfo-mpo.gc.ca