There is no requirement to post this notice on the Environmental Registry of Ontario, but we wanted to hear your thoughts. Thank you for your feedback.
This consultation was open from:
January 7, 2020
to February 6, 2020
Decision summary
We are notifying the public that we issued an amendment to ESA Overall Benefit Permit #KV-C-007-15 to authorize the removal of additional Blanding’s Turtle habitat. The permit includes conditions to minimize adverse effects and provide beneficial actions for Blanding’s Turtle as well as monitoring and reporting requirements.
Location details
Site location details
Lot 7, Concession 1 in the Geographic Township of March, Ottawa, Ontario.
The site is bounded on its western side by Terry Fox Drive and on the east by the First Line Road allowance.
Proponent(s)
Richardson Ridge Inc.
1737 Woodward Drive
Ottawa,
ON
K2C 0P9
Canada
Decision details
On August 18, 2017, the Minister of Natural Resources and Forestry issued permit number KV-C-007-15 under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) to Richardson Ridge Inc. The permit authorizes impacts to Blanding’s Turtle so the applicant can construct a subdivision on Lot 7, Concession 1 in the Geographic Township of March, Ottawa, Ontario.
On August 6, 2019 Richardson Ridge Inc. submitted an application to amend its existing permit to authorize the removal of additional habitat for Blanding’s Turtle to construct a blasting buffer surround the future Street #1 associated with their project.
On March 5, 2020 the Minister of the Environment, Conservation and Parks issued an amendment to KV-C-007-15 under Subclause 17(7)(a)(i) of the ESA.
Subclause 17(7)(a)(i) of the ESA authorizes the minister to amend a permit issued to a person under clause 17(2)(c) of the act, with the consent of the permit holder, if the minister believes he would be authorized to issue the permit under the original clause in its amended form.
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 proposed development project within areas considered species at risk habitat
- using alternate methods, equipment, designs, etc. for carrying out the proposed activities
The best alternative that was adopted included altering project design to preserve valuable habitat areas, while proceeding with the development and providing a benefit to the species.
Actions to achieve overall benefit to the species and minimize adverse effects
The permit requires Richardson Ridge Inc. 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:
- decreasing road mortality and improving adult survivorship for this population by installing exclusion fencing along Terry Fox Road, which is a location documented to have high turtle road mortality
- creating a pond and hemi-marsh area to establish core Blanding’s Turtle habitat with nesting and hibernacula sites
- undertaking monitoring for three consecutive years of Artificial Nesting Sites to inform knowledge gaps on the use and success of artificial nesting sites by the species
- retaining a qualified professional to assist with implementing conditions of the permit
- undertaking awareness training for employees
- reducing the amount of site grading and excavation on site to reduce impacts regarding soil compaction and vegetation disturbances
- minimizing the amount of Blanding’s Turtle habitat that is damaged
- avoiding undertaking activities that may impact Blanding’s Turtle during sensitive times of year (nesting, hibernating)
- avoiding habitat to be retained during and after construction to reduce harming individual turtles
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
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.
40 St. Clair Avenue West
14th Floor
Toronto,
ON
M4V 1M2
Canada
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
Why consultation isn't required
We are not required to consult on this amendment to a permit as it relates to an animal (Blanding’s Turtle) and therefore does not meet the required criteria set out in subsection 1.3(6) of Ontario Regulation 681/94 of the Environmental Bill of Rights, 1993. We are voluntarily posting this notice to advise the public of this proposal and to invite the public to submit written comments to the contact person identified in this notice.
Proposal details
Richardson Ridge Inc. has applied to amend an overall benefit permit previously issued under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA). The permit amendment proposal is to remove vegetation and create a blasting buffer at the site of a future road, which would damage additional habitat (i.e. above and beyond what is authorized by their existing permit) for Blanding’s Turtle (“the species”).
The species is listed as threatened on the Species at Risk in Ontario List, under Ontario Regulation 230/08 of the ESA.
Subsection 9(1) of the ESA protects endangered, threatened, and extirpated species on the Species at Risk in Ontario List.
Habitat protection under subsection 10(1) of the ESA applies to the species.
Subclause 17(7)(a)(i) of the ESA provides the authority for the minister to amend a permit issued under 17(2)(c) of the ESA with the consent of the permit holder. However, the minister must be of the opinion that he or she would have been authorized to issue the permit under clause 17(2)(c) in its amended form.
Alternatives are being considered, including alternatives that would not adversely affect the species such as:
- not creating the blasting buffer area
- creating the blasting buffer utilizing a suite of mitigation measures
Potential approaches to minimize adverse effects on the species may include:
- adjusting timelines to undertake vegetation removal within the blasting buffer area outside of the active period for the species
- installing and maintaining exclusion fencing to prevent the species from entering the blasting buffer area while potentially harmful activities are taking place
- clearly marking all areas to be cleared and blasted to avoid any unnecessary impacts to the species or habitat
Potential approaches to achieve an overall benefit for the species may include:
- conducting a multi-year monitoring program of artificially created nesting sites for the species to determine their effectiveness and inform knowledge gaps on the use and success of artificial nesting sites by Blanding’s Turtle
The minister is also required to consider any government response statements that have been published under section 12.1 of the ESA for the relevant species. A government response statement does not currently exist for the species.
Posting this proposal on the Environmental Registry does not imply that we will issue a permit amendment. A permit amendment may only be issued where the legal requirements set out in clause 17(2)(c) of the ESA have been satisfied.
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.
40 St. Clair Avenue West
14th Floor
Toronto,
ON
M4V 1M2
Canada
Comment
Commenting is now closed.
This consultation was open from January 7, 2020
to February 6, 2020
Connect with us
Contact
Nikki Boucher
3767 Hwy 69 South
Sudbury,
ON
P3G 1E7
Canada
Comments received
Through the registry
0By email
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