Information Notice:

This proposal is exempted by Ontario Regulation 681/94 under the Environmental Bill of Rights as a classified proposal for an instrument, because the species for which the permit is sought is an animal.

The Ministry of Natural Resources and Forestry (MNRF) is voluntarily posting this notice to advise the public of the proposal and to invite the public to submit written comments on this proposal to the contact person identified in this notice.

Minto Communities has submitted a proposal in relation to an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) to adversely affect Blanding’s Turtle and up to 21.3 hectares of the species habitat in order to construct a residential development at 6141 and 6111 Hazeldean Road in Stittsville, City of Ottawa.

The purpose of this notice is to ensure that the public is made aware of, and given an opportunity to comment on, the overall benefit permit proposal. The proposed permit would be issued under clause 17(2)(c) of the ESA.

On November 18, 2016, the Minister of Natural Resources and Forestry issued a permit to Minto Communities Inc. under clause 17(2)(c) of the ESA.

Reasonable alternatives to the proposal were considered, including alternatives that would not adversely affect Blanding’s Turtle.The best alternative, which was adopted, included altering the development footprint and undertaking actions to minimize adverse effects to the species and habitat, while proceeding with the development and providing a benefit to the species on site.

The permit requires Minto Communities Inc. to undertake a number of measures to minimize adverse effects to Blanding’s Turtle, including:

• Retaining a qualified professional to assist with implementing conditions of the permit;
• Avoiding tree clearing and vegetation removal that may impact the species during sensitive times of year (e.g. nesting);
• Implementing erosion and sediment control measures on site so that impacts to aquatic habitat is minimized;
• Minimizing the amount of habitat damage and destruction;
• Fencing and marking any habitat to be retained during and after construction to reduce the likelihood of impacting habitat and harming individual Blanding’s Turtles;
• Installing temporary and permanent exclusion fencing to completely exclude Blanding’s Turtles and prevent future access to the development area, the existing subdivision and roads west of the site. This activity will reduce mortality and harm to individual Blanding’s Turtles during construction and future development; and
• Undertaking awareness training for employees so that they are aware of the species presence and habitat to be retained, as well as what actions to take if a Blanding’s Turtle is encountered.

The permit requires Minto Communities Inc. to undertake a number of actions to achieve an overall benefit to Blanding’s Turtle within a reasonable time, including:

• Installing fencing around the habitat to be retained along Feedmill Creek in order to prevent members of the species from entering nearby roadways and developed areas;
• Retaining a 4.53 ha area of high quality and safe habitat for the species;
• Enhancing a total of 0.18 ha of Blanding’s Turtle habitat through plantings and creation of key habitat features (e.g. nesting basking habitat);
• Installing wildlife crossing signage along roadway of neighbouring existing development to reduce road mortality;
• Installing Blanding’s Turtle educational signage at park locations; and
• Monitoring and maintaining the enhanced habitat and signage for 5 years.

Public consultation on the proposal for this ESA permit was provided for 31 days, from July 8, 2016 to August 8, 2016. No comments were received on the proposal notice.

The proposed works has the potential to adversely affect Blanding’s Turtle and its habitat. The proposed permit conditions would provide benefits that exceed the adverse effects on Blanding’s Turtle and its habitat.

Blanding’s Turtle is listed on the Species at Risk in Ontario (SARO) List, in Ontario Regulation 238/08 of the ESA, as threatened.

Subsection 9(1) of the ESA provides for the protection of endangered, threatened (and extirpated) species on the SARO list.

General habitat protection under subsection 10(1) of the ESA applies to Blanding’s Turtle.

The Minister may issue a permit under clause 17(2)(c) of the ESA that authorizes a person to engage in an activity that would otherwise be prohibited by section 9 or 10 of the ESA if the Minister is of the opinion that:
(i) an overall benefit to the species will be achieved within a reasonable time through the conditions of the permit;
(ii) reasonable alternatives have been considered, including alternatives that would not negatively affect the species, and the best alternative has been adopted; and,
(iii) 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 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, including alternatives that would not adversely affect Blanding’s Turtle, and may include:

• Not proceeding with the proposed development project;
• Conducting the activity in an alternative location;
• Using alternate methods, equipment, designs, etc. for carrying out the proposed activities;
• Adjusting timelines to avoid species specific sensitivities (e.g., active periods for the species); and,
• Any other alternatives that address adverse effects (short or long term) on the species and habitat present on and/or surrounding the location of the proposed activity.

Potential approaches to minimize adverse effects on individual members of Blanding’s Turtle may include:

• Minimizing the amount of habitat damage and destruction by avoiding impacts to Category 2 and 3 Blanding’s Turtle habitat;
• Fencing and marking any habitat to be retained during and after construction to reduce damage to habitat as well as harming individual turtles;
• Keeping travel corridors used by the species intact to avoid isolation; and
• Species education and awareness training for construction staff.

Potential approaches to achieve an overall benefit for Blanding’s Turtle may include:

• Enhancing turtle habitat by undertaking channel restoration of Feedmill Creek to create a natural protected vegetated riparian corridor;
• Installation of barrier fencing along the restored riparian corridor to reduce turtle mortality; and
• Species information packages for new residents.

The Minister is required to consider any Government Response Statement (GRS) to a recovery strategy published under subsection 11(8) of the Act. A GRS does not currently exist for Blanding’s Turtle.

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 ESA have been satisfied.

The following web-links provide additional information.

MNRF’s Species at Risk website
https://www.ontario.ca/environment-and-energy/species-risk

Endangered Species Act, 2007
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_07e06_e.htm

Species at Risk in Ontario (SARO) List, Ontario Regulation 230/08
http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_080230_e.htm

General regulations and species-specific habitat regulations under the ESA, Ontario Regulation 242/08
http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_080242_e.htm

Erin Thompson Seabert
Fish and Wildlife Technical Specialist
Ministry of Natural Resources and Forestry
Regional Operations Division
Southern Region
Kemptville District
10 Campus Drive
Postal Bag 2002
Kemptville Ontario
K0G 1J0
Phone: (613) 258-8436
Fax: (613) 258-3920