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

On August 20, 2021, the Minister of the Environment, Conservation and Parks issued an overall benefit permit to Maple Creek Developments Inc. with respect to Blanding’s Turtle and Butternut, which are species at risk. The permit authorizes Maple Creek Developments Inc. to adversely impact Blanding’s Turtle and Butternut so they can construct a subdivision in Manotick, Ontario.

The permit authorizes Maple Creek Developments Inc. to adversely impact:

• Blanding’s Turtle and up to 4.8 hectares of habitat that supports movement corridors between wetlands and nesting habitat (Category 3 Blanding’s Turtle habitat)
• up to 12 Category 2 Butternut trees, up to 14 Category 2 Butternut trees, and 1 Category 3 Butternut tree and up to 5.99 hectares of Butternut habitat

Protecting species under the Endangered Species Act

Our government is committed to protecting species at risk and providing strong environmental oversight, while working to support development opportunities in the province.

Businesses, municipalities and other proponents are expected to take steps to ensure their projects avoid any adverse impacts on species at risk or their habitats.

However, where avoidance is not possible, the Endangered Species Act, 2007 gives the Minister the discretion to authorize activities if certain conditions can be met.

The permit includes conditions that require the proponent to undertake measures that will:

• minimize adverse effects to Blanding’s Turtle and Butternut
• achieve an overall benefit to Blanding’s Turtle and Butternut within a reasonable time

Actions to minimize adverse effects to species

The permit requires Maple Creek Developments Inc. to carry out actions to minimize adverse effects on Blanding’s Turtle, including:

• conducting contractor awareness training before starting work on the site
• installing temporary and permanent exclusion fencing to prevent turtles from accessing the development site during and after construction, respectively
• minimizing the construction footprint where possible
• conducting sweeps before the start of each workday
• adhering to a species at risk encounter protocol
• engaging a Qualified Professional to oversee and undertake important aspects of the project
• monitoring mitigation measures to ensure they are effective

The permit requires Maple Creek Developments Inc. to carry out actions to minimize adverse effects on Butternut, including:

• conducting contractor awareness training before starting work on the site
• protecting trees by fencing those to be protected as well as fencing along site peripheries
• engaging a Qualified Professional to oversee and undertake important aspects of the project
• minimizing the construction footprint where possible
• monitoring mitigation measures to ensure they are effective

Actions to achieve an overall benefit to species

The permit requires Maple Creek Developments Inc. to carry out actions to achieve an overall benefit for Blanding’s Turtle within a reasonable timeframe. This includes enhancing approximately 225 square metres along the Mud Creek Corridor including:

• creating an embayment area
• creating two offline pools
• placing six sunning logs
• creating two artificial nesting sites
• planting a diverse selection of native aquatic wetland vegetation
• removing invasive plants (e.g. flowering-rush)

The permit requires Maple Creek Developments Inc. to carry out actions to achieve an overall benefit for Butternut within a reasonable timeframe. This includes:

• archiving (i.e. collect healthy material to produce seeds, seedlings and tree grafts) one Butternut tree through collecting and grafting a minimum of 50 Butternut scions (a scion is a small portion of a tree with buds used for grafting)
• planting, tending and monitoring a minimum of 64 Butternut seedlings and replacement plantings as needed

Other information

Alternatives to the proposed project were considered by the proponent, including:

• not proceeding with the site development
• proceeding with the site development but reducing site servicing and grading requirements
• proceeding with site development but reducing the size of development phases
• proceeding with site development of 61 village lots

The proponent has concluded that the best alternative involves proceeding with site development of 61 village lots, retaining healthy Butternuts along site peripheries and in the rear of the lots wherever possible while avoiding all Category 2 Blanding’s Turtle habitat.

This preferred alternative strikes a balance between achieving the objective of constructing a new subdivision and limiting the adverse effects to Butternut and Blanding's Turtle.

A government response statement (GRS) for Blanding’s Turtle was published in September 2020 and is available at: https://www.ontario.ca/page/blandings-turtle-government-response-statement. Consideration was given to the GRS and proposed permit conditions align with the objectives outlined in the GRS, including improving habitat.

A GRS for Butternut was published in March 2014 and is available at: https://www.ontario.ca/page/butternut-government-response-statement. Consideration was given to the GRS and proposed permit conditions align with the objectives outlined in the GRS, including collecting and archiving genetic material from Butternut trees that may contribute to the recovery of the species.