CU Developments Inc. - Permit for activities to achieve an overall benefit to a species

CU Developments Inc. has applied for an overall benefit permit under clause 17(2)(c) of the Endangered Species Act (ESA). The proposal is to construct a residential development of the CU Developments Inc. Kanata North Site within the City of Ottawa, Ontario.

The proposal may adversely impact Blanding’s Turtle and approximately 47.61 hectares of its habitat.

Protecting species under the Endangered Species Act

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

Blanding’s Turtle is listed as threatened and is therefore protected.

Under clause 17(2)(c) of the ESA, the Minister of the Environment, Conservation and Parks 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 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 at risk
• must include more than mitigation measures or “replacing” what is lost

Actions to achieve an overall benefit to species

CU Developments Inc. is working to identify proposed actions that would achieve an overall benefit to Blanding’s Turtle. These may involve:

• realigning and enhancing the existing watercourse, improving availability of overwintering habitat and quality of wetlands throughout the development
• installing wildlife culverts and permanent fencing to reduce roads mortality along the March Valley Road
• monitoring the overall benefit actions undertaken to ensure their effectiveness

Reasonable alternatives being considered

CU Developments Inc. is considering alternatives, including alternatives that would not adversely affect Blanding’s Turtle. These may include:

• proceed with the development but with fewer lots and retain a 60-metre-wide corridor surrounding the North Tributary of Shirley’s Brook avoiding impacts to wetland habitat
• proceed with development and retain a 40-metre-wide corridor on the North Tributary of Shirley’s Brook, including the enhancement and realignment of the existing tributary and keeping the existing artificial pond

CU Developments Inc. has concluded that the best alternative for carrying out the proposed project is to proceed with the development, including the removal of the existing pond, retaining a 40-metre-wide corridor on the North Tributary of Shirley’s Brook and including the enhancement and realignment of the existing tributary.

Actions to minimize adverse effects on the species

Potential approaches to minimize adverse effects on Blanding’s Turtle may include:

• contractor awareness training packages prepared by qualified personal and made available to contractors on site
• homeowner awareness and education packages will be prepared by Qualified Personal and provided to educate homeowners on presence of species at risk
• temporary and permanent Blanding’s Turtle exclusion fencing to mitigate risk of road mortality and prevent Blanding’s Turtle from entering the subdivision from adjacent undeveloped areas and from the watercourse running through the property
• use of wildlife passage culverts at proposed road crossings
• permanent fences will be monitored for five years post construction
• all dewatering operations supervised by a qualified biologist who must be present to relocate any fish, turtles or other wildlife
• where in water work is required for culvert or stream re-alignment, use of appropriate timing windows to minimize risk of killing/harming turtles

Other information

A government response statement to the recovery strategy for Blanding’s Turtle has not been published.

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 ESA have been satisfied.