Mattamy Homes Ltd: Permit for activities to achieve an overall benefit to a species

Proponent

Mattamy Homes Ltd.
433 Steeles Avenue East
Unit 110
Milton, ON
L9T 8Z4
Canada

Location details

Bleams Road, Trussler Road and Gehl Place
Kitchener, ON
N2E 0C8
Canada

Instrument decision

On April 3, 2023, the Minister of the Environment, Conservation and Parks issued an overall benefit permit to Mattamy Homes Limited with respect to Blanding’s Turtle, so they can develop a residential subdivision in Kitchener, Ontario.

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.

Businesses, municipalities and other proponents are expected to take steps to ensure their projects avoid any adverse impacts on species at risk or their habitats. However, where avoidance is not possible, the Endangered Species Act,2007 gives the Minister the discretion to authorize activities if certain conditions can be met.

The permit was issued under the Endangered Species Act, 2007 and authorizes Mattamy Homes Limited to:

• harm, harass, capture, possess, and transport Blanding’s Turtle
• damage or destroy up to 10.3 hectares of Blanding’s Turtle habitat

The permit includes conditions that require Mattamy Homes Limited to undertake measures that will:

• minimize adverse effects to Blanding’s Turtle
• achieve an overall benefit for Blanding’s Turtle within a reasonable timeframe

Actions to minimize adverse effects to species

The permit requires Mattamy Homes Limited to:

• install temporary exclusion fencing measures around construction zones prior to the start of construction, and permanent exclusion fencing measures after construction is completed
• ensure a qualified professional inspects the construction area for presence of individual Blanding’s Turtles, and follow a mitigation plan to remove any from the area if found
• implement a sediment and erosion control plan and a spill response plan to prevent offsite impacts to Blanding’s Turtle habitat
• ensure proper use of machinery within the construction area
• stabilize debris or fill piles to prevent offsite impacts to Blanding’s Turtle habitat
• implement a monitoring program to ensure water quality and water levels of the on-site wetlands are consistent between pre and post construction
• provide the new residents of the subdivision with an education brochure about species at risk in the area

Actions to achieve an overall benefit to species

The permit requires Mattamy Homes Limited to achieve an overall benefit for the species within a reasonable timeframe. Mattamy Homes Limited is required to:

• create and enhance 6.54 hectares of Category 3 Blanding’s Turtle habitat by
• reforesting an area that is currently actively farmed by vegetative plantings within 30 metre buffer strips
• converting an area of agricultural land into two movement corridors between wetlands and woodlands
• establishing an area with habitat features including restorative plantings, a wet swale and a pond
• install six artificial nesting mounds for Blanding’s Turtle nesting habitat
• install turtle exclusion measures on a road adjacent to the project area, where there is a high rate of documented mortality
• undertake a radio telemetry project to improve knowledge of habitat use, seasonal movements, and potential threats for species at risk turtles

The overall benefit activities are intended to result in:

• the creation and enhancement of habitat and corridors for safe movement
• measures to address known threats such as road mortality through the installation of permanent exclusion fencing
• improvements to knowledge of habitat use, seasonal movements, and potential threats for species at risk turtles

Government response statement for Blanding’s Turtle

Ontario has published a government response statement (GRS) under section 12.1 of the Endangered Species Act, 2007 with respect to Blanding’s Turtle. You can access this statement through the ministry’s website: Blanding’s Turtle government response statement

Consideration was given to the GRS and proposed permit conditions align with the objectives in the GRS, including:

• improving habitat
• reducing threats
• promoting awareness among private landowners about Blanding’s Turtle

Other information

It was determined that reasonable alternatives, including alternatives that would not adversely affect the species, have been considered, which included:

• not proceeding with the proposed development
• altering project design that would remove 8.6 hectares of Category 3 Blanding’s Turtle habitat as well as 1.4 hectares of Category 2 Blanding’s Turtle habitat
• altering project design that would result in the retention of all Category 2 Blanding’s Turtle habitat and the removal of 10.3 hectares of Category 3 Blanding’s Turtle habitat.

The best alternative, which has been adopted, includes altering the project design resulting in the retention of all Category 2 Blanding’s Turtle habitat and the removal of 10.3 hectares of Category 3 Blanding’s Turtle habitat. This alternative strikes a balance between achieving the project’s objective of constructing a new subdivision while limiting the adverse effects to Blanding’s Turtle.

The other alternatives, to not proceed with the Project or to remove less Category 3 Blanding’s Turtle habitat, were determined to:

• not be effective at meeting the main purpose of the project
• have biological, economical and planning limitations

Comments received

The Ministry received seven comments in response to the ERO posting.

No comments were received by email or mail.

Effects of consultation

The comments raised included:

• opposition to the proposal
• concerns about the evaluation of the wetlands on site and that the issues should be addressed before the ministry finalized an overall benefit permit for the proposed project

Ministry response

• A proponent can apply for an overall benefit permit to authorize activities where the activity:
  • has the main purpose not to assist in the protection or recovery of the species, but
  • through specific and mandatory conditions outlined in the permit will result in an overall benefit to the species within a reasonable time.
• The development as authorized will retain all Category 2 Blanding’s Turtle habitat on site. The permit also includes actions to minimize adverse effects to Blanding’s Turtle, and overall benefit actions to achieve an overall benefit to the species within a reasonable time. No changes were made to the proposed permit conditions as it was determined that all concerns had been appropriately addressed through the permit conditions.
• The Ministry of Natural Resources and Forestry has since reviewed and accepted the updated Strasburg Wetland Complex evaluation, and it has been evaluated as provincially significant. This has been considered within the context of Blanding’s Turtle and Blanding’s Turtle habitat impacts within the overall benefit permit.

Appeal information

Appeals are not allowed. This instrument type cannot be appealed.