Briarwood Estates Ltd. - Permit for activities to achieve an overall benefit to a species

Briarwood Estates Ltd. has submitted a proposal in relation to an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 with respect to Butternut to develop a residential subdivision with associated infrastructure at 325 Centre Street, Part of Lot 31, Concession 4, Township of Essa, Angus Ontario.

The proposed works will involve the killing of four (4) Category 3 Butternut trees, as well as damaging and destroying 3.2 hectares of Butternut habitat

Butternut is listed on the Species at Risk in Ontario List as Endangered.

Subsection 9(1) of the Endangered Species Act, 2007 provides for the protection of endangered, threatened and extirpated species on the Species at Risk in Ontario List. Habitat protection under subsection 10(1) of the Endangered Species Act, 2007 applies to Butternut.

The minister may issue a permit under clause 17(2)(c) of the Endangered Species Act, 2007 that authorizes a person to engage in an activity that would otherwise be prohibited by sections 9 or 10 of the Endangered Species Act, 2007, if the minister is of the opinion that the main purpose of the activity authorized by the permit is not to assist in the protection or recovery of the species specified in the permit, but:

• an overall benefit to the species will be achieved within a reasonable time through requirements imposed by conditions of the permit
• reasonable alternatives have been considered, including alternatives that would not adversely affect the species, and the best alternative has been adopted
• reasonable steps to minimize adverse 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, 2007 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.

Reasonable alternatives are being considered by Briarwood Estates Ltd. including alternatives that would not adversely affect Butternut such as:

• not proceeding with the proposed residential development
• proceeding with using draft plan of subdivision that was approved in 2008

The best alternative being proposed includes proceeding with the proposed project using a revised draft-plan that has been modified to allow for the retention of six (6) category 3 and six (6) category 2 Butternut. The other alternatives have not been adopted as they will not meet the main purpose of the development activity. The purpose of the activity is to develop the property and sell homes within Angus. The Township of Essa's Official Plan states that high density housing will develop in Angus based on full urban services. The 2017 Draft Plan of Subdivision meets the purpose of the activity and the goal of the Township of Essa.

Briarwood Estates Ltd. are proposing potential approaches to minimize adverse effects on Butternut, which may include:

• retaining a qualified professional to oversee that the proposed permit conditions and mitigation measures are properly implemented on the site
• clearly defining area of proposed clearing and grading to ensure no accidental removals or encroachments into adjacent Butternut habitat
• protect retainable Butternut on site by installing protective exclusion fencing to restrict construction activity
• educating all on-site personnel on necessary training materials to allow for the identification of Butternut
• installing educational awareness signages at the entrances of the property to inform the public of species at risk in the area

Briarwood Estates Ltd. is working to identify proposed actions that would achieve an overall benefit for Butternut, which may involve:

• archiving four (4) Butternut trees that demonstrate potential resistance to the Butternut canker disease. This involves the collection of at least 50 Butternut scions (small portions of a Butternut) from four separate Butternut trees (for a total of 200 scions). At least 30 scions from each tree (120 in total) will be grafted for tending and planting in a protected area
• planting, monitoring and tending to 80 Butternut seedlings and 80 native companion seedlings to emulate natural Butternut habitat conditions. The seedlings will be tended for at least five years
• the archiving and planting proposed by this permit is expected to achieve an overall benefit for the species by increasing the number of Butternut in Ontario, propagating and enhancing future Butternut populations, and supporting future Butternut populations through seed production once the trees have survived to maturity

A Government Response Statement published under subsection 11(8) of the Endangered Species Act, 2007 exists for Butternut and will be considered before a decision is made whether or not to issue a permit.

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 Endangered Species Act, 2007 have been satisfied.