This consultation was open from:
August 15, 2016
to September 14, 2016
Decision summary
The Minister has issued an Endangered Species Act Overall Benefit Permit to Dalron Construction Limited for construction activities that will impact Blanding’s Turtle. The permit includes actions to eliminate and minimize adverse effects and provide beneficial actions for Blanding’s Turtle as well as monitoring and reporting requirements.
Location details
Site location details
East side of Regent Street just north of the Highway 17-69 interchange; Part of Lot 3, Concession 6 in the Geographic Township of Broder, Sudbury.
Site location map
The location pin reflects the approximate area where environmental activity is taking place.
View this location on a map opens link in a new windowProponent(s)
Dalron Construction Limited
130 Elm Street
Unit 100
Sudbury,
ON
P3C1T6
Canada
Decision details
On June 24, 2020, the Minister issued a permit to Dalron Construction Limited with respect to Blanding’s Turtle. The permit enables the company to develop a 2.5 hectare lot so they can construct a small-scale commercial development on Regent Street in Sudbury.
The permit was issued under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA). The development may damage/destroy 0.4 hectares of Blanding’s turtle habitat.
Under subclause 17(2)(c) of the ESA, the Minister has the authority to issue a permit if the Minister believes that tests for an overall benefit permit are met. This includes:
- considering reasonable alternatives
- taking actions to achieve overall benefit to the species and minimize adverse effects
Reasonable alternatives considered
Reasonable alternatives to the proposal were considered, including alternatives that would not adversely affect the species, such as:
- not proceeding with the project
- conducting the project in an alternative location
- undertaking development with a 30-metre setback on wetland
- undertaking development with a 10-metre setback on wetland
The best alternative that was adopted included proceeding with a 10-metre setback on the wetland.
A delineation survey will be undertaken to:
- ensure the area intended for protection is protected
- minimize or eliminate the risk of encroachment during construction
Appropriate timing restrictions, avoidance measures (e.g., temporary exclusion fencing around active work areas) and mitigation will be used to eliminate or minimize impacts to:
- Blanding’s Turtle
- their habitat
With these mitigation and avoidance measures, we expect that no Blanding’s Turtles will be harmed or killed during the project.
Actions to achieve overall benefit to the species and minimize adverse effects
The permit requires Dalron Construction Limited to undertake a number of actions to achieve an overall benefit and implement measures to minimize adverse effects to the species within a reasonable timeframe. This includes:
- install and maintain permanent exclusion systems along both sides of Regent Street in order to increase the use of existing box culverts by the species, thereby improving function as wildlife crossings
- create and maintain suitable nesting habitat for the species, adjacent to a wetland and away from the road
- conduct effectiveness monitoring throughout the lifetime of the permit to assess the effectiveness of the exclusion systems and wildlife culverts as well as performance of habitat creation and enhancement works
- where monitoring indicates actions taken to provide benefits to the species have not been effective, to modify those actions to provide increased benefit
- undertake works at a time of year when Blanding’s Turtles are less sensitive to disturbance or install exclusion systems to prevent the species from entering the project site during construction
- provide site personnel with education and awareness training by a Qualified Professional about the species, its habitat, and appropriate actions to take in the event of an encounter
- clearly stake project boundaries prior to undertaking construction activities
- use Ontario’s “Clean Equipment for Industry Protocol” to avoid the spread of invasive species into Blanding’s Turtle habitat
- install effective permanent exclusion systems to eliminate the risk of the species entering the project site post-construction
- monitor permanent exclusion systems at the site to ensure their effectiveness and if monitoring reveals actions to minimize impacts to the species have not been effective, modifying those actions to provide increased protection
Other information
The Minister is required to consider any Government Response Statement (GRS) to a recovery strategy published under subsection 11(8) of the Act.
Currently, a GRS has not been published for Blanding’s Turtle.
Effects of consultation
Public consultation on the proposal for this Endangered Species Act permit was provided for 30 days, from August 15, 2016 to September 14, 2016. We received and considered 33 comments. No changes were made to the permit proposal since the permit already includes considerations for alternatives and conditions to minimize adverse effects on, and achieve an overall benefit for, the species.
Supporting materials
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Get in touch with the office listed below to find out if materials are available.
How to Appeal
Appeals are not allowed
This instrument type cannot be appealed. Learn more about our consultation process.
Connect with us
Contact
Nikki Boucher
3767 Hwy 69 South
Sudbury,
ON
P3G 1E7
Canada
Original proposal
Proposal details
Rationale for exemption to public comment
This proposal is exempted by Ontario Regulation 681/94 under the Environmental Bill of Rights as a classified proposal for an instrument, because the:
- species for which the permit is sought is an animal
The Ministry of Natural Resources and Forestry (MNRF) is voluntarily posting this notice to advise the public of the proposal and to invite the public to submit written comments on this proposal to the contact person identified in this notice.
Description
Dalron Construction Limited has submitted a proposal in relation to an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) with respect to Blanding’s Turtle in order to construct a small-scale commercial development in Part Lot 3, Concession 6 in the Geographic Township of Broder, City of Greater Sudbury.
Purpose of the Notice
The purpose of this notice is to ensure that the public is made aware of, and given an opportunity to comment on, the overall benefit permit proposal for constructing a small-scale commercial development in Part Lot 3, Concession 6 in the Geographic Township of Broder, City of Greater Sudbury. The proposed permit would be issued under clause 17(2)(c) of the ESA.
Decision
This notice will be updated when more information is available.
Other information
The proposal to construct a small-scale commercial development has the potential to adversely affect Blanding’s Turtle and their habitat. The proposed permit conditions would provide benefits that exceed the adverse effects on Blanding’s Turtle.
Blanding’s Turtle is listed on the Species at Risk in Ontario (SARO) List, in Ontario Regulation 230/08 of the ESA, as threatened.
Subsection 9(1) of the ESA provides for the protection of endangered, threatened (and extirpated) species on the SARO List.
Habitat protection under the ESA applies to Blanding’s Turtle (subsection 10(1)).
The ESA allows some activities to proceed under a clause 17(2)(c) permit with specific conditions if: avoidance and reasonable alternatives have been considered; adverse effects will be minimized; and an overall benefit will be achieved for the species in Ontario. Providing an overall benefit to a protected species under the ESA involves undertaking actions to improve circumstances for the species in Ontario. Overall benefit is more than “no net loss” or an exchange of “like for like”. Overall benefit is grounded in the protection and recovery of the species at risk and must include more than mitigation measures or “replacing” what is lost.
The Minister may issue a permit under clause 17(2)(c) of the ESA that authorizes a person to engage in an activity that would otherwise be prohibited by section 9 or 10 of the ESA if the Minister is of the opinion that:
(i) an overall benefit to the species will be achieved within a reasonable time through the conditions of the permit;
(ii) reasonable alternatives have been considered, including alternatives that would not negatively affect the species, and the best alternative has been adopted; and,
(iii) reasonable steps to minimize negative effects on individual members of the species are required by conditions of the permit.
Dalron Construction Limited is proposing to develop the majority of a 2.5 hectare lot with confirmed Blanding’s Turtle habitat on-site. Dalron Construction Limited is seeking an overall benefit permit under clause 17(2)(c) of the ESA to damage/destroy 0.4 hectares of Blanding’s Turtle habitat for the purpose of developing the site to construct a small-scale commercial development and associate parking lot.
Reasonable alternatives are being considered, including ones that would not adversely affect the species, and may include:
- not conducting the activity at all
- conducting the activity in an alternative location
- adjusting project boundaries
- adjusting timelines to avoid species specific sensitivities (e.g., active periods for the species)
Potential approaches to minimize adverse effects on individual members of Blanding’s Turtle may include:
- clearly delineating wetland boundaries to avoid unnecessary encroachment on habitat
- use of timing restrictions to avoid active periods for the species
- use of exclusion measures to prevent the species from accessing the project site
- monitoring to assess the impact of activities and the effectiveness of mitigation measures employed
Potential approaches to achieve an overall benefit for Blanding’s Turtle may include:
- installing permanent fencing at an identified high risk area for turtle road mortality to facilitate movement of turtles through box culverts as opposed to over roads
- creating artificial nesting habitat
- monitoring to evaluate the effectiveness of overall benefit activities
Please note that the posting of this proposal on the Environmental Registry does not imply that a permit will be approved; a permit may only be issued where the legal requirements set out in clause 17(2)(c) of the ESA have been satisfied.
The following web-links provide additional information:
MNRF’s Species at Risk website
https://www.ontario.ca/page/species-risk
Endangered Species Act, 2007
https://www.ontario.ca/laws/statute/07e06
Species at Risk in Ontario (SARO) List, Ontario Regulation 230/08
https://www.ontario.ca/laws/regulation/080230
General regulations and species-specific habitat regulations under the ESA, Ontario Regulation 242/08
https://www.ontario.ca/laws/regulation/080242
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
Comment
Commenting is now closed.
This consultation was open from August 15, 2016
to September 14, 2016
Comments received
Through the registry
0By email
33By mail
0