Town of Aurora - Permit for activities to achieve an overall benefit to a species

The Town of Aurora is seeking an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA). The permit would authorize impacts to the habitat of three endangered species of bats due to works associated with stream rehabilitation, pond retrofitting and culvert replacement/rehabilitation located north and south of Devlin Place (extending from north of Seton Drive to just south of Murray Drive) in the Town of Aurora, Ontario.

Project activities are expected to include:

• vegetation removal (including trees)
• site grading
• dredging
• installation of structures (e.g., stream rehabilitation, pond retrofit and culvert replacement/rehabilitation)

Removal of up to fifteen (15) potentially suitable roost trees may be required, resulting in adverse impacts to habitat for:

• Little Brown Myotis
• Northern Myotis
• Tri-coloured Bat

Protecting species under the Endangered Species Act

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

Ontario provides protections for species at risk and their habitats under the Endangered Species Act, 2007 (ESA). 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 (SARO) list as either:

• extirpated
• endangered
• threatened

Little Brown, Northern Myotis and Tri-colored Bat are all listed as Endangered on the SARO list.

The main threat to the survival of these three species is a disease resulting from a fungal infection, known as white-nosed syndrome.

Under clause 17(2)(c) of the ESA, 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 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 means improving circumstances for the species in Ontario. The overall benefit is:

• more than "no net loss" or exchange of "like for like"
• grounded in the protection and recovery of the species at risk
• more than mitigation measures or "replacing" what is lost

Actions to achieve an overall benefit to species

The Town of Aurora is seeking ways to provide an overall benefit to the species, including:

• Installation of replacement habitat structures such as:
  • human made roosting structures (i.e. four bat rocket boxes)
  • four bark posts
  • four artificial leaf clusters
• Replacement plantings of 216 trees using species with naturally exfoliating or peeling bark
• Monitoring of the restoration area to confirm the continued presence of the bat species.

These actions are expected to provide a more typical habitat type for the bat species than what is currently present. The existing stormwater management facility will be converted into a wetland, creating a permanent water source for bats. Planting more trees that will become potential roosting trees will increase the overall availability of roosting sites in the area.

Reasonable alternatives being considered

The Town of Aurora has explored other alternatives including those that would not adversely impact the species, including .

• “Do-nothing approach” (i.e., complete no restoration works)
• Construction of upstream flood storage facilities (i.e., alternate location)
• Perform local restoration works
• Extended restoration works
• Hybrid approach, including the implementation of a natural channel design upstream of Devlin Place (similar to the alternative to extend restoration works) and the construction of more localized channel and erosion restoration works downstream of Devlin Place.

The Town of Aurora has concluded that the best alternative involves the “hybrid approach”. “The do-nothing approach” does not address the flooding and erosion.

Constructing upstream flood storage facilities does not address erosion-related risks to private property and municipal infrastructure. The preferred hybrid approach was identified as this option best satisfies the environmental, social, economic and technical criteria considered.

This alternative also offers the best compromise between mitigating impacts to bat species and habitat and achieving the fundamental project objectives to mitigate the flooding and erosion-related risks.

Actions to minimize adverse effects on the species

The Town of Aurora is seeking ways to minimize adverse effects on the species and their habitat, including:

• removing habitat at a time of year when the species is unlikely to be present (i.e. outside of the active season)

Other information

A government response statement (GRS), which outlines protection and recovery actions the government will take and support, exists for:

• Little Brown Myotis, Northern Myotis, Tri-colored Bat

The GRS will be considered before a decision is made on whether to issue a permit.

Posting this proposal on the Environmental Registry of Ontario 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 ESA have been satisfied.

More information on species at risk overall benefit permits.