Mattamy Homes Ltd. - Permit for activities to achieve an overall benefit to a species

Mattamy Homes Ltd., is seeking an overall benefit permit with respect to Blanding’s Turtle to authorize the development of a residential subdivision, with associated infrastructure, in the City of Kitchener.

The permit will authorize Mattamy Homes Ltd. to:

• kill, harm and harass Blanding’s Turtle
• damage and destroy up to 10.3 hectares of its habitat

Blanding’s Turtle are listed on the Species at Risk in Ontario list, under O. Reg. 230/08 of the Endangered Species Act, as Endangered.

Under clause 17(2)(c) of the Endangered Species Act, 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 Act if:

• 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 Endangered Species Act involves 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
• must include more than mitigation measures or "replacing" what is lost

Actions to achieve an overall benefit to the species

Mattamy Homes Ltd. is seeking ways to provide an overall benefit to Blanding’s Turtle. These may involve:

1. Creating and enhancing 7.3 hectares Category 3 Blanding’s Turtle habitat by:

• reforesting area that is currently actively farmed by vegetative plantings in 30m buffer strips
• converting an area of agricultural land into two movement corridors between wetlands and woodlands
• establishing an area with habitat features natural vegetation, a wet swale, and a pond

2. Installing six artificial nesting mounds for Blanding’s Turtle nesting habitat

3. installing turtle exclusion measures on road adjacent to the Project area, where there is a high rate of document turtle mortality.

4. Undertaking a radio telemetry project to improve knowledge about habitat use, seasonal movements, and potential threats for species at risk turtles in the area.

Reasonable alternatives being considered

Mattamy Homes Ltd. has explored alternatives, including alternatives that would not adversely affect Blanding’s Turtles and their habitat, including:

• not proceeding with the proposed development
• altering project design to reduce the amount of Blanding’s Turtle habitat being impacted

Actions to minimize negative effects to the species

Mattamy Homes Ltd. is seeking ways to minimize adverse effects on Blanding’s Turtle. These may include:

• installing permanent exclusion fencing measures around construction zones prior to the start of construction
• ensuring a Qualified Professional inspects the construction area for presence of individual Blanding’s Turtles, and follows a mitigation plan to remove any from the area if found
• implementing a sediment and erosion control plan and a spill response plan to prevent offsite impacts to Blanding’s Turtle habitat
• ensuring proper use of machinery within the construction area
• stabilizing debris or fill piles to prevent offsite impacts to Blanding’s Turtle habitat
• implementing a monitoring program to ensure water quality and water levels of the on-site wetlands are consistent between pre and post construction
• providing the new residents of the subdivision with an education brochure about species at risk in the area

Other information

No government response statement under subsection 11(8) of the Endangered Species Act, 2007 is currently published for Blanding’s Turtle.

Posting this proposal on the Environmental Registry does not imply that we will issue a permit. A permit may only be issued where the legal requirements set out in clause 17(2)(c) of the Endangered Species Act have been satisfied.