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Proposed Authorization Summary
| Proponent: | NextEra Energy Canada |
|---|---|
| Project: | Summerhaven Wind Energy Centre |
| Location: | Haldimand County See location on Google Maps  |
| Species: |
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| Sector: | Renewable energy |
| Environmental Registry Number: | 011-5735 |
| Permit Proposal Status: | Permit issued |
| Authorization Type: | 17(2)(c) - Overall Benefit Permit The Endangered Species Act, 2007 (ESA) provides for the protection of endangered, threatened (and in some cases extirpated) species on the Species at Risk in Ontario (SARO) List. The ESA also addresses the protection of habitat for species at risk. |
Environmental Registry Posting:
NextEra Energy Canada has submitted a proposal in relation to an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) with respect to Bobolink in order to construct and operate two wind turbines and install one access road as part of the Summerhaven Wind Energy Centre located in Haldimand County.
The proposal to construct and operate two wind turbines and install one access road as part of the Summerhaven Wind Energy Centre project has the potential to adversely affect Bobolink and their habitat. The proposed permit conditions would provide benefits that exceed the adverse effects on Bobolink.
Bobolink is listed on the Species at Risk in Ontario (SARO) List, in Ontario Regulation 230/08 (O. Reg. 230/08) 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.
Habitat protection under the ESA applies to Bobolink (subsection 10(1)).
The ESA allows some activities to proceed under a clause 17(2)(c) permit with specific conditions if: avoidance and reasonable alternatives have been considered; adverse effects will be minimized; and an overall benefit will be achieved for the species in Ontario. Providing an overall benefit to a protected species under the ESA involves undertaking actions to improve the status of 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.
The Minister may issue a permit to an applicant 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; and,
(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.
NextEra Energy Canada has applied for their Summerhaven Wind Energy Centre project under Ontario Regulation 359/09 with the Ministry of Environment. Two of the proposed 59 wind turbine generators and one access road are proposed to be located in 6.99 hectares of Bobolink habitat. NextEra Energy Canada has been in discussion with MNR staff about reasonable alternatives and approaches to minimizing adverse effects as part of their proposal for an overall benefit permit under clause 17(2)(c) of the ESA for the purpose of constructing and operating Summerhaven Wind Energy Centre.
Reasonable alternatives are being considered including ones that would not adversely affect the species, and may include:
- Conducting the activity in an alternative location;
- Using alternate methods, equipment, designs, etc. for carrying out the proposed activity;
- Adjusting timelines to avoid species specific sensitivities (e.g., active periods for the species); and,
- Any other alternatives that address adverse effects (short and long term) on the species and habitat present on and/or surrounding the proposed activity location.
Potential approaches to minimize adverse effects on individual Bobolink may include:
- Adjusting timelines to avoid species specific sensitivities; and
- Removing, moving, or minimizing infrastructure from the project location to avoid Bobolink habitat.
Potential approaches to achieve an overall benefit for Bobolink may include:
- creating, monitoring, and maintaining high quality habitat at a 1:1 ratio in close proximity to the project described. Maintaining high quality habitat typically includes plantings that are favourable to Bobolink use and, if harvesting for hay, delaying operations until mid July each year for the lifespan of the project as managing the lands intentionally to protect Bobolink nests and their young is an improvement over managing solely for hay or livestock purposes.
Please note that the posting of this proposal on the Environmental Registry does not imply that a permit will be approved; an overall benefit permit may only be issued where the legal requirements set out in clause 17(2)(c) of the ESA have been satisfied.
Decision:
On June 11, 2012 the Minister of Natural Resources issued an overall benefit permit to NextEra Energy Canada under clause 17(2)(c) of the ESA with respect to Bobolink in order to construct and operate two wind turbines in Haldimand County.
Reasonable alternatives to the proposal were considered, including alternatives that would not adversely affect the species. Alternatives considered included not installing the turbines in Bobolink habitat, selecting access roads and cabling routes that minimize habitat disturbance, and timing windows for construction activities. The best alternative, which was adopted, consists of conducting construction activities outside the breeding bird season; minimizing the width of access roads to the smallest extent possible; and constructing and operating the two wind turbines under an ESA authorization with overall benefit conditions.
The permit requires NextEra Energy Canada ULC to undertake a number of measures to minimize adverse effects on individual members of Bobolink, including:
- restricting all construction and habitat restoration activities to between August 1 and May 15 (outside of the Bobolink breeding period);
- minimizing the width of access roads to the smallest extent possible to minimize the amount of habitat damaged or destroyed;
- routing all access roads and cabling along existing hedgerows and fencerows wherever possible; and
- following existing MNR guidelines to conduct a minimum of five years of Bobolink breeding bird monitoring.
The permit requires NextEra Energy Canada ULC to undertake a number of actions to achieve an overall benefit to Bobolink, within a reasonable time, including:
- creating and maintaining a minimum of 6.99 hectares of high quality Bobolink habitat in Haldimand County for the life of the wind farm in a location near the wind farm;
- managing and maintaining the habitat in accordance with a management plan approved by the MNR; and
- monitoring habitat use by Bobolink in the managed area for a minimum of five years to provide scientific data on best practices for creating and managing habitat for Bobolink.
Public consultation on the proposal for this ESA permit was provided for 30 days, from February 15, 2012 to March 16, 2012. Thirty-nine comments were received in response to this Environmental Registry notice. The majority of comments expressed opposition to wind farms in general in Haldimand County and were not specific to Summerhaven Wind Farm project or the 7 ha of Bobolink habitat the permit was being proposed for. Other comments expressed concern with renewable energy projects being given priority over wildlife habitat.
MNR Aylmer District staff reviewed the comments received in response to the Environmental Registry notice and determined that the permit conditions adequately addressed the concerns because they were not specific to the Summerhaven Wind Farm project and because NextEra Energy Canada followed the overall benefit approach and applied avoidance and mitigation measures to ensure the smallest extent of habitat was impacted and that an overall benefit will be achieved for the species.
Comment On This Project
To view and comment on this proposed permit, please visit the Environmental Registry and enter the Registry number (011-5735) in the search bar.
If you have questions or comments specific to this permit application after the Environmental Registry period is over, please click here Summerhaven Wind Energy Centre (ER number: 011-5735) .
Please Note: All comments and submissions received become part of the public record. You will not receive a formal response to your comment, however, relevant comments received as part of the public participation process for this proposal will be considered in the decision making process for the authorization.
