Enbridge Gas Inc. - Permit for activities to achieve an overall benefit to a species

Enbridge Gas Inc. has submitted a proposal for an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA). The proposal is to construct a pipeline that will reinforce the existing Sarnia Industrial Pipeline system and support the growing demand of natural gas in the Sarnia-Lambton region.

The proposed pipeline will be located between two existing transition stations and will be 20 inches in diameter and approximately 1.2 km in length.

The proposed activities may adversely affect Butler’s Gartersnake and approximately 4.8 hectares of its habitat.

Protecting species under the Endangered Species Act

Ontario protects species at risk and their habitats under the ESA. Sections 9 and 10 of the Act provide protection for individual members of a species and their habitat if that species is listed on the Species at Risk in Ontario list as either:

• extirpated
• endangered
• threatened

Butler’s Gartersnake is listed as endangered and is therefore protected.

Habitat loss and fragmentation are the most significant threats to the protection and recovery of Butler’s Gartersnake in Ontario.

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 Act 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. Overall benefit is:

• more than "no net loss" or an 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

Enbridge Gas Inc. is working to identify proposed actions that would achieve an overall benefit for Butler’s Gartersnake. These may involve:

• restoring 4.3 hectares of habitat that will be adversely impacted by the proposed project to pre-construction uses, including enhancing 0.7 hectares of that area through native grassland plantings
• creating key habitat features including brush piles, rock slabs and birthing areas
• creating suitable habitat conditions for over-wintering life-processes, including constructing experimental artificial hibernacula structures that will provide important research for the construction of artificial hibernacula for Butler’s Gartersnake
• developing and implementing an education and awareness program for Enbridge operations staff in the Sarnia area regarding Butler’s Gartersnake
• installing species crossing awareness and speed limit (maximum 30km/hr) signs on the subject property to reduce the potential for road mortality of snakes
• monitoring the effectiveness of the proposed overall benefit actions for five years, including installing wildlife cameras to determine the use/non-use of hibernacula features

Reasonable alternatives being considered

Enbridge Gas Inc. has explored alternatives, including alternatives that would not adversely affect Butler’s Gartersnake. These include:

• not proceeding with the proposed project
• constructing a new compressor station, in place of a new pipeline, to support the growing demand of natural gas in the region
• selecting an alternative, longer route for the pipeline that avoids known key habitat features for the species
• selecting the shortest route possible for the project that generally targets areas that are currently managed (e.g. maintained lawns)

Enbridge Gas Inc. has concluded that the best alternative for carrying out the proposed project is to proceed with the construction of the pipeline at the shortest route possible for the project. This option:

• provides the least amount of habitat impacts to Butler’s Gartersnake
• meets the project’s objective of providing the infrastructure necessary to meet the growing demands of natural gas in the Sarnia/Lambton region

Actions to minimize adverse effects on the species

Enbridge Gas Inc. is seeking ways to minimize adverse effects on the Butler’s Gartersnake and its habitat. These may include:

• providing training to all site workers about the species and what to do if one is encountered
• installing temporary exclusion fencing to prevent Butler’s Gartersnake from gaining access to the construction area, including daily inspections to ensure the fence is functioning correctly
• installing coverboards and conducting targeted salvages in the enclosed construction site to remove any Butler’s Gartersnakes from the construction area
• engaging a qualified professional to oversee the installation and inspections of the exclusion fencing and to conduct targeted salvages
• inspecting the work area prior to the start of construction each day to ensure no snakes have entered the area
• implanting energy dissipation techniques while conducting hydrostatic tests of the proposed pipeline, to reduce the potential for erosion and scouring at discharge locations and habitat areas
• avoiding the operation of discharge activities within the woodlot located on the site while conducting hydrostatic tests of the proposed pipeline
• restoring temporary construction areas with site-grading and planting of native vegetation
• monitoring mitigation measures to ensure they are effective

Other information

A government response statement has been published under section 12.1 of the Endangered Species Act, 2007 (ESA) with respect to Butler’s Gartersnake. It will be considered in:

• determining whether or not to approve the permit
• developing any future permit conditions

A copy of the government response statement for Butler’s Gartersnake is available at: https://www.ontario.ca/page/butlers-gartersnake-government-response-statement

Posting this proposal on the Environmental Registry does not imply that the minister 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.