Ontario’s Endangered Species Act, which came into effect in 2008, makes the province a North American leader in the protection and recovery of species at risk and their habitats. Learn how Ontario is protecting species at risk and their habitat.
Proposed Authorization Summary
| Proponent: | Lucchetta Construction Limited |
|---|---|
| Project: | Residential development - Pelham |
| Location: | Regional Municipality of Niagara See location on Google Maps  |
| Species: |
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| Sector: | Construction or development |
| Environmental Registry Number: | 011-5454 |
| Permit Proposal Status: | Submission complete, permit decision pending |
| 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:
Lucchetta Construction Limited has submitted a proposal to request an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) with respect to American Chestnut in order to construct a subdivision on Haist Street in the Town of Pelham.
The proposal to construct a subdivision has the potential to impact American Chestnut.
American Chestnut is listed on the Species at Risk in Ontario (SARO) List, in Ontario Regulation 230/08 (O. Reg. 230/08) of the ESA, as endangered.
Subsection 9(1) of the ESA provides for the protection of endangered, threatened (and extirpated) species on the SARO List.
Habitat protection under subsection 10(1) of the ESA does not currently apply to American Chestnut, but is planned to be phased in over the coming years.
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. 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.
The Minister may issue a permit to an applicant under clause 17(2)(c) of the ESA that authorizes the 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 the main purpose of the activity authorized by the permit is not to assist in the protection or recovery of the species specified in the permit, but, 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.
Lucchetta Construction Limited has applied to construct a subdivision in the Town of Pelham. Three American Chestnut trees occur within the proposed development area. Lucchetta Construction Limited has been in discussion with MNR staff about reasonable alternatives and has adjusted their proposal by removing three housing units from the building plans in order to preserve and protect one of the American Chestnut trees. Lucchetta Construction Limited has submitted a proposal to request an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) to remove two American Chestnut trees for the purpose of developing the site for the construction of a subdivision.
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 alternative approaches that address adverse effects (in both the short and long term) on the specific protected species and habitat present on and/or surrounding the proposed activity location.
Potential approaches to minimize adverse effects on individual members of American Chestnut may include:
- Erecting and maintaining construction fencing surrounding the preserved tree, at an appropriate distance from the edge of the drip line
- Posting signage near the fencing declaring the importance of the tree and the fencing surrounding the tree
- Maintaining the surface hydrology of the lands surrounding the tree to ensure the continued availability of water to the tree
- Burning the trees slated to be removed on-site to prevent the spread of blight spores to American Chestnuts in the neighbouring woodlot
- Erecting and maintaining permanent fencing, at an appropriate distance from the edge of the drip line, surrounding the preserved tree to prevent human activity that may cause harm or stress to the tree
- Posting permanent signage adjacent to the tree, informing visitors of its significance and informing them of regulatory requirements surrounding this endangered species
- Ensuring the remaining American Chestnut tree is properly maintained and monitored
Potential approaches to achieve an overall benefit for American Chestnut may include:
- An Overall Benefit planting plan whereby American Chestnut seedlings will be planted on suitable adjacent land for every American Chestnut that is removed from the subject lands
- The collection of soft cuttings (scions) to graft in order to produce clones. These clones will be archived and managed by the Canadian Chestnut Council and become a component of their breeding program and work to isolate a genetic line resistant to the Chestnut Blight
- Collection of nuts from the preserved tree to be propagated in a nursery and planted outside of the urban boundary in the northeast corner of the subjects and on adjacent lands in suitable habitat
- Maintenance and monitoring of all planted American Chestnuts will be conducted to promote the continued health of the seedlings
Please note that the posting of this proposal 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.
Comment On This Project
To view and comment on this proposed permit, please visit the Environmental Registry and enter the Registry number (011-5454) 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 Residential development - Pelham (ER number: 011-5454) .
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.
