Trinity Woods Inc. - Permit for activities to achieve an overall benefit to a species

Trinity Woods Inc. is seeking an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007. The application for a permit involves residential development at 475 and 501 Martin Lane in the Town of LaSalle.

The proposed activities may adversely impact:

• Eastern Foxsnake (Carolinian population)
• Willowleaf Aster (remove and transplant 12 stems)
• 0.45 hectares of Eastern Foxsnake and Willowleaf Aster habitat

The greatest threats to the Eastern Foxsnake are:

• habitat loss and fragmentation
• snakes being hit by cars and deliberately killed by humans

Threats to Willowleaf Aster include habitat destruction due to:

• habitat alteration
• urban and industrial development

Protecting species under the Endangered Species Act

Our 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 Act 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

The SARO list, under O. Reg. 230/08 of the ESA, lists:

• Eastern Foxsnake (Carolinian population) as endangered
• Willowleaf Aster as threatened

Under clause 17(2)(c) of the ESA, the Minister of the Environment, Conservation and Parks 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 is of the opinion 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 the species

Trinity Woods Inc. is seeking ways to provide an overall benefit to Eastern Foxsnake and Willowleaf Aster. These may involve:

• protecting species at risk (SAR) habitat within the project location by removing it from potential residential uses (e.g. rezoning the area as a Natural Environment during the approval process and conveying it to the Town of LaSalle)
• creating 3.36 hectares of SAR habitat for both species, including:
• • 0.79 hectares of on-site SAR habitat
  • 2.57 hectares of off-site SAR habitat with key components (e.g. two brush piles, one rock pile and one nesting crib per half a hectare of habitat) and chain link fencing
• enhancing 3.34 hectares of current, on-site SAR habitat (e.g. meadow community) with key components (e.g. brush piles, rock pile, nesting crib and one hibernaculum)
• controlling non-native, invasive plant species (e.g. European Common Reed Grass) both on and off-site in the current SAR habitat
• controlling woody plant encroachment into the SAR creation habitat to maintain meadow/prairie habitat suitable for both species
• creating native, meadow/prairie habitat within the SAR creation habitat areas both on and off-site to expand existing habitat, add habitat diversity and promote habitat elsewhere within the project location
• constructing habitat features with the on-site SAR enhancement and creation habitat (e.g. one snake hibernaculum) and the off-site SAR creation habitat (e.g. two brush piles, one rock pile and one nesting crib per half a hectare of habitat)
• distributing the educational materials provided to new homeowners to existing homeowners near the project location (e.g. Martin Lane, between Front Road and the Essex Terminal Railway)
• propagating and planting 48 Willowleaf Asters within the on-site SAR enhancement habitat

These proposed actions are expected to achieve an overall benefit for Eastern Foxsnake and Willowleaf Aster by:

• creating on and off-site habitats, including key habitat
• creating features to support the species' life process
• reducing competition by controlling invasive species and woody plant encroachment
• increasing awareness about species at risk

Reasonable alternatives being considered

Trinity Woods Inc. has explored alternatives, including those that would not adversely affect Eastern Foxsnake and Willowleaf Aster and their habitat. These include:

• not proceeding with the project (no development)
• full development of cultivated lands with the project location
• reducing development by:
  • revising the development plan to reduce the area of impact to Willowleaf Aster
  • including both on-site and off-site overall benefits to retain large areas of current on-site habitat and enhance both on and off-site habitat

Trinity Woods Inc. has concluded that not proceeding with the proposed project would not achieve the goal of the project.

The best alternative proposed for carrying out the project is to proceed with the residential development at the proposed location, while:

• reducing the area of impact to Willowleaf Aster
• including both on-site and off-site overall benefits to the species

Actions to minimize negative effects on the species

Trinity Woods Inc. is seeking ways to minimize adverse effects on Eastern Foxsnake and Willowleaf Aster and their habitat. These may include:

• installing exclusionary fencing to prevent Eastern Foxsnakes from gaining access to the development area
• conducting surveys, targeted salvage and relocation for Eastern Foxsnake
• providing awareness training to all site workers about Eastern Foxsnake and Willowleaf Aster and actions to take should the species be encountered
• transplanting the 12 Willowleaf Aster impacted by development to an on-site SAR enhancement area
• erecting wildlife signage in the more northern part of the project location
• creating and providing educational brochures to residents about the species at risk and habitat
• installing permanent wildlife exclusion fencing between the development (dwellings and roads) and the SAR enhancement and creation area to reduce specie-resident interactions
• performing equipment and machinery inspections to ensure snakes are not present during the active season for the species
• monitoring mitigation measures to ensure they are effective

Other information

Government response statements have been published under section 12.1 of the Endangered Species Act, 2007 (ESA) for Eastern Foxsnake and Willowleaf Aster.

A copy of the government response statement for Eastern Foxsnake is available at: https://www.ontario.ca/page/eastern-foxsnake-government-response-statement

A copy of the government response statement for Willowleaf Aster is available at: https://www.ontario.ca/page/willowleaf-aster-government-response-statement

The government response statements will be considered before a decision to issue an overall benefit permit.

Posting this proposal on the Environmental Registry of Ontario 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.

More information on species at risk overall benefit permits.