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Notice of permit

Regional or Local Number: DFO-17-HCAA-00659

Notice is hereby given that pursuant to the provisions of section 73 of the Species at Risk Act permit no. DFO-17-HCAA-00659 is issued.

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

The bridge replacement at 20th Sideroad (Structure 27-WG) over Irvine Creek, where historically Redside Dace was known to be present, is required. These works require site isolation, dewatering activities, and relocation of fishes.

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: Do Nothing: This option would include leaving the structure as is with no rehabilitation or replacement and would cause the bridge to remain closed and continue to deteriorate, eventually leading to the collapse of the bridge into the watercourse. This option does not meet the objective of the activity as the proponent has an obligation to proceed with bridge works in order to meet local transportation needs and uphold the safety and well-being of the public. Rehabilitate the Existing Structure: This option would include maintaining the existing structure with updates to traffic rails and reinforcement or replacement of deteriorated bridge components. There would be no in-water work associated with this alternative, limiting disturbance to the resident fish population. This option does not meet the objective of the activity as it would only provide a temporary solution that would not fully mediate all major technical issues. The structure would remain a single lane operation and would not see a change in the current load restriction. Additionally, this option would be the most costly, as it would require more frequent inspections and the rehabilitation works would have a lifespan of 25 years maximum. Replace Existing Structure with New Concrete Bowstring Arch Bridge: This option would include the construction of the bowstring arch bridge over top of the existing structure. The only in-water work component associated with this alternative would be the isolation of the existing abutments to add any necessary falsework/shoring. Although this option meets the main objective of the activity, this options requires that the existing abutments will remain within the bankfull width of the creek and thus there would be no opportunity to improve the banks beneath the bridge structure. Additionally, the bowstring arch structure will require much heavier falsework/shoring and may therefore increase the structural footprint within the bankfull width of Irvine Creek. Replace Structure with New Typical Modern Concrete Girder Bridge: This option is the preferred alternative. The only in-water work component will involve the removal of the existing abutments and the improvement of the banks beneath the bridge structure. This alternative meets the main objective of the activity, and provides a long term solution with little need for ongoing maintenance. A permit under s.17 2(c) will be required as both species and regulated habitat for Redside Dace will be impacted. Erection of a New Bridge beside the Existing Structure: This option includes a new road re-alignment and a secondary selection process for the type of new bridge. There would be no in-water work associated with this alternative, limiting disturbance to the resident fish population. Although this option meets the main objective of the activity, this alternative would result in the largest amount of both permanent and temporary loss of Redside Dace regulated habitat (i.e., meander belt plus 30 m). Additionally, this alternative would require a partial road realignment to accommodate the new bridge while leaving the existing bridge to continue to deteriorate, triggering the need for increased inspection frequency and ongoing repairs, as well as an increased risk to the aquatic environment. b) Measures to minimize impact: The instream works (site isolation, abutment removal and fish salvage) will adhere to the allowable in-water work period (i.e., July 1st to September 15th). The duration of in-water work will be kept to a minimum. All in-stream activities will be undertaken in isolation of open or flowing water to maintain the natural flow of water downstream and to avoid introducing sediment into Irvine Creek. With respect to erosion and sediment control (ESC), the following measures will be implemented to protect Redside Dace and its sensitive habitat features: installation of a double row of sediment control fencing, consisting of a non-woven material with staked straw bales around the perimeter of both the north and south construction areas to prevent equipment from accessing the watercourse and prevent discharge of construction sediments to Irvine Creek; installation of a dewatering system that will pump any excess water from the isolated work area through a filter bag located a minimum of 30 m away from top of bank; grading of any disturbed soil within 30 m of the watercourse to a stable angle to prevent sediment or deleterious substance release within 15 days of exposure; development of an Erosion and Sediment Control Plan (ESCP) for the site that minimizes the risk of sediment entering the watercourse during all phases of the project; site isolation measures (e.g., coffer dams with pea gravel) for containing suspended sediment where in-water work is required to maintain the natural flow of water and to avoid introducing sediment into the watercourse; measures for containing and stabilizing waste material (e.g., dredging spoils, construction waste and materials, commercial logging waste, uprooted or cut aquatic plants, accumulated debris) above the high water mark to prevent re-entry into Irvine Creek and nearby waterbodies; and, regular inspection and maintenance of ESC measures and structures during the course of construction will occur. ESC measures and structures will be repaired if damage occurs. Non-biodegradable ESC materials will be removed once the site is stabilized. The clearing of riparian vegetation for equipment mobilization will be kept to a minimum; existing trails, roads or cut lines will be used wherever possible to avoid disturbance to the riparian vegetation and to prevent soil compaction. When practicable, the vegetation will be pruned or topped instead of grubbing or uprooting. The removal of natural woody debris, rocks, sand, or other materials from the banks, the shoreline, or the bed of the watercourse below the ordinary high water mark will be minimized. Stream banks disturbed by any activity associated with the project will be immediately stabilized using a native seed mix suitable for the local conditions and an erosion control blanket. All construction materials will be removed from site upon project completion. All in-water activities, or associated in-water structures, will not interfere with fish passage or reduce flows. A qualified environmental professional will be retained to ensure that any fishes trapped within an isolated or enclosed area at the work site are safely returned to the creek without handling. Isolated work areas will be checked should flooding occur on the site. A record of all fishes observed will be submitted to MNRF as applicable. All machinery will arrive on site in a clean condition, and will be maintained free of fluid leaks, invasive species and noxious weeds. Whenever possible, machinery will be operated on land above the high water mark in a manner that minimizes disturbance to the banks and bed of the watercourse. Machinery will be washed, refueled, serviced, and fuel and other materials for the machinery will be stored in such a way as to prevent any deleterious substances from entering the water. A response plan will be developed, to be implemented immediately in the event of a sediment release or spill of a deleterious substance on site. An emergency spill kit will be retained on site at all times. Site: The only instream work will involve removing the existing abutments. Small coffer dams will be used on each side of the creek (8 m2 and 20 m2) to isolate the work areas prior to removal. All natural flows will be maintained at all times. Once the abutments are removed, substrates similar to the natural creek bed will be added to re-establish open channel habitat in these areas. The new bridge will have a longer span, which will allow the new abutments to be located further up the banks away from the creek. A small area (7.5 m2, each side) on the banks, currently behind the existing abutments, will be cleared and graded to facilitate removal of the existing abutments and to construct the new, slightly wider abutments further up the bank. A Qualified Professional will be involved in doing the fish salvage as part of the site isolation process. c) Effects on survival and recovery: Impacts are temporary and are located primarily in previously impacted areas. Mitigation will reduce or eliminate most risks to Redside Dace. The new bridge is longer with the abutments to be located further upslope from the channel. The removal of the existing abutments will result in a wider channel beneath the bridge, which will provide an overall benefit to the species. Fish salvage will remove fishes from the areas where instream work is required to remove the existing abutments. There will be the potential for short-term reduction in fitness, increased stress, and mortality due to entrapment, capture, and relocation of fishes. The site isolation will be small, short term, and the overall area of instream habitat will be greater once the abutments are removed. The small impact to riparian habitat is primarily located upslope of the existing abutments where previous impacts have resulted in minimal to no riparian function or value. The potential impacts to Redside Dace are temporary and mostly due to relocation from an isolated area. The temporary negative impacts will be negated by the long-term increase in overall stream productivity and increased general habitat for the species due to removal of the abutments and re-establishment of a natural channel width beneath the bridge. It is expected that there will be little, if any, impact to Redside Dace.

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