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Proposed Authorization Summary
| Proponent: | SunEdison Canada |
|---|---|
| Project: | Newboro 1 |
| Location: | Leeds and Grenville United Counties See location on Google Maps  |
| Species: |
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| Sector: | Renewable energy |
| Environmental Registry Number: | 011-6656 |
| 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:
SunEdison 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 a 10 megawatt solar photovoltaic facility in Part Lot 25, 26 & 27, Concession 1 in the Geographic Township of South Crosby.
The proposal to construct a 10 megawatt solar photovoltaic facility 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 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 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 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.
The proposed solar facility will have adverse effects on Bobolink habitat. Bobolink were observed using 26.7 hectares of agricultural/field habitat on the project location. These 26.7 hectares of habitat will be lost. Ecological Services on behalf of SunEdison Canada have been in discussion with MNR staff at the Kemptville District office about reasonable alternatives and mitigation measures. SunEdison Canada has applied for an overall benefit permit under clause 17(2)(c) of the ESA to remove the 26.7 hectares of Bobolink habitat for the purpose of developing the site into a solar farm to produce renewable energy.
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 or long term) on the species and habitat present on and/or surrounding the proposed activity location.
Potential approaches to minimize adverse effects on individual members of Bobolink may include:
- Conducting vegetation removal activities outside the breeding bird season to eliminate incidental taking or disturbance to breeding birds.
Potential approaches to achieve an overall benefit for Bobolink may include:
- Compensating for the loss of habitat by entering a land use agreement with a local farmer to delay harvest on 26.7 hectares of land till after July 31 each year for the duration of the project;
- Compensating for the loss of habitat by securing a minimum of 26.7 hectares of disturbed, potential Bobolink habitat, and improving/ maintaining it for Bobolink for the duration of the solar project; and
- Performing annual breeding bird surveys and vegetation monitoring for an appropriate number of years on Overall Benefit site to asses use by Bobolink.
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.
Decision:
On February 19, 2013 the Minister of Natural Resources issued an overall benefit permit to SunEdison Power Canada, Inc (“SunEdison Power”) under clause 17(2)(c) of the ESA with respect to Bobolink in order to order to construct a 10 megawatt solar photovoltaic facility in Part Lot 25, 26, & 27, Concession 1 in the Geographic Township of South Crosby.
Reasonable alternatives to the proposal were considered, including alternatives that would not adversely affect the species. Alternatives considered included:
• Finding an alternative project location; and
The best alternative, which was adopted, consists of:
• Developing the project site on 65 hectares (ha) of land of which 26.7 ha are considered Bobolink habitat. The project site is located near a distribution line with available capacity for connecting the project, is relatively flat, and is owned by an individual willing to participate in a solar project. As a result, the proposed project location is the most reasonable alternative for this project.
The permit requires SunEdison Canada 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 1 (outside of the Bobolink breeding period);
• Restoring areas temporarily disturbed by initial construction activities to their original state;
• Routing all access roads along existing hedgerows/fencerows and lower quality habitat wherever possible; and
• Clearly delineating the boundaries of work areas to ensure adverse effects to habitat beyond the proposed project location does not occur.
The permit requires Sun Edison Canada to undertake a number of actions to achieve an overall benefit to Bobolink, within a reasonable time, including:
• Converting 36.8 ha of land to high quality Bobolink habitat (Overall Benefit Area) by May 15, 2013 and maintaining it as such until the decommissioning of the solar panels and the restoration of the Site;
• As necessary reseeding or vegetation cutting or removal in the Overall Benefit Area shall take place outside the breeding season (before May 15 or after July 31); and
• Performing post-construction monitoring of the Overall Benefit Area for use by Bobolink for five years. Bobolink habitat monitoring reports will be submitted to MNR annually, with a final report submitted to MNR prior to December 31 of the fifth year.
In addition, the permit requires SunEdison Canada to:
• Restore areas of long term disturbance following decommissioning of the project.
Comment On This Project
To view and comment on this proposed permit, please visit the Environmental Registry and enter the Registry number (011-6656) 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 Newboro 1 (ER number: 011-6656) .
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.
