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Notice of permit

Regional or Local Number: DFO-16-HCAA-01086

Notice is hereby given that pursuant to the provisions of section 73 of the Species at Risk Act permit no. DFO-16-HCAA-01086 is issued.

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

The grading in the existing wetlands and stormwater management pond, extension of the existing culvert headwall, and installation of the stormwater management outfall activities require short term in-stream isolation, fish relocation, and dewatering. Redside Dace may be present in the watercourse at the location of the isolation and dewatering works.

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:

a) Alternatives: In the Do Nothing scenario, no development will occur on the subject property. The Do Nothing scenario does not meet provincial or municipal polity directives related to land use planning and the provision of efficient and effective land uses and infrastructure and accommodate growth. Biological limitations under this alternative are minimal and consist mainly of the lost opportunity for habitat restoration and enhancement to improve habitat for Redside Dace. b) Measures to minimize impact: All construction activities occurring in-water, near water and within the habitat for Redside Dace will adhere to the construction timing window (July 1-September 15). Impacts will be minimized through use of heightened sediment and erosion control measures as part of a prepared Erosion and Sediment Control Plan, use of trenchless techniques such as directional drilling or jack-and-bore when possible, and avoidance of construction during the spawning season. All in-water works will be completed during the dry, low flow season and not during or after a significant rainfall event. The duration of in-water works will be kept to a minimum. In-water works will be completed in isolation from the main flow of the creek and a fish relocation will be completed for all worksite isolation and dewatering events. A Contaminant and Spill Response Plan will be developed and implemented immediately in the event of a sediment release or spill of a deleterious substance and an emergency spill kit will be kept on site. No storage of construction equipment, materials, chemicals, stockpiled resources of soil or storage of any other objects associated with site alteration will occur within Redside Dace habitat, or within 30 m of a watercourse. Maintenance of machinery during construction will occur at a minimum of 30 m away from the watercourse. Erosion will be minimized by minimizing the time that areas are exposed, focusing construction during a time of year when rain events are minimal (e.g., summer), stabilizing areas of exposed soil (e.g., erosion control blankets, lockdown netting, seeding, spraying, utilization of methods to roughen the surface), minimizing the slope length and gradient of disturbed areas, and storing/stockpiling material (e.g. excavated soils) outside of, and at least 30 m away from Redside Dace habitat. All construction work areas will have a multi-barrier approach to sediment control. A sediment control fence will be installed along the entire edge of development along Redside Dace habitat, which involves a double row of heavy duty siltation fabric with straw bales staked in between. Dewatering pump systems and turbidity curtains will be installed to facilitate dewatering of the construction work area. The inlets and outlets of the pump systems will be grated in order to prevent entrainment of fish and wildlife. Measures such as capturing sediment through sediment ponds or sediment traps will be used to prevent sediment from exceeding 25 mg/L of total suspended solids (TSS) above background levels (as per the CCME Turbidity guidelines). The fish relocation will be conducted using a backpack electrofisher and dip nets. Measures will be taken to ensure the health of all fish captured and relocated, with special focus on Redside Dace, if captured. This will include use of aerators, frequent water changes to holding containers, monitoring of fish health during processing, and release of fish back into Morningside Creek as quickly as possible nearest to the location of capture. All fish relocation activities will be completed following the Ontario Ministry of Natural Resources and Forestry (MNRF) Section Technical Bulletin Best Management Practices: Collection of Fish for Scientific Purposes. A License to 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. Fish relocation would be required for this project regardless of mitigation measures. c) Effects on survival and recovery: Urban development has the potential to impact Redside Dace habitat by increasing the percentage of impervious surfaces, which affects runoff patterns; increasing erosion and sedimentation, which can increase water temperatures and alter water chemistry; site grading and excavation, which may lead to increased sedimentation and erosion of stream banks; and loss of habitat, which may occur through loss of riparian vegetation, in-stream habitat features, wetlands and groundwater sources. Redside Dace are extremely sensitive to changes in turbidity, water chemistry and habitat structure. Therefore, construction activities can adversely affect this species. Once construction is completed, the riparian habitat will be restored using native materials and plantings. This will help improve the current condition of the riparian habitat for Redside Dace foraging. The fish relocation activity is not expected to result in a significant effect, as any Redside Dace would only be temporarily displaced a small distance from the dewatered area (i.e., to the outside of any coffer dams). The numbers of Redside Dace affected is expected to be very small, if any, as the areas being dewatered will be either minor or within poor quality habitat where Redside Dace are not expected to occur. It is expected that there will be little, if any, impact to any species at risk.

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