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Proposed Authorization Summary
| Proponent: | KNL Developments Inc. |
|---|---|
| Project: | Residential Subdivision Development - Kanata |
| Location: | Ottawa See location on Google Maps  |
| Species: |
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| Sector: | Construction or development |
| Environmental Registry Number: | 011-5554 |
| 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:
KNL Developments Inc. 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 Butternut in order to build a residential subdivision in the Kanata portion of the City of Ottawa.
The proposal to build a residential subdivision has the potential to adversely impact Butternut. The proposed permit conditions would create an overall benefit that would exceed the adverse effects of this activity on Butternut.
Butternut 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 Butternut, however 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 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.
KNL Developments Inc. proposes to build a residential subdivision in Kanata. The health of 160 Butternut trees at this site have been assessed by a qualified Butternut Health Assessor and 58 were determined not to be severely affected by Butternut Canker and therefore are considered to be retainable. The identification of a retainable tree is based on an assessment of canopy dieback and the coverage of the stem and root flare by cankers. Retainable trees do not qualify for the exemption in section 5 of Ontario Regulation 242/08 under the ESA and therefore cannot be removed without an authorization.
KNL Developments Inc. has submitted a proposal for an overall benefit permit under clause 17(2)(c) of the ESA to remove 26 and harm 12 retainable Butternut trees for the purpose of developing the residential 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.
KNL Developments Inc. has been in discussion with MNR staff about reasonable alternatives and has adjusted their proposal to avoid removing 32 retainable Butternut trees. The options of leaving the other trees in their current location and avoiding or transplanting them have been examined. The location of the 26 Butternut trees proposed to be removed and the 12 trees proposed to be harmed coincides with the residential development area. There are no feasible alternatives to retain of the Butternut given site constraints of grade rises which would require blasting, and site servicing requirements.
- Potential approaches to minimize adverse effects on individual members of Butternut may include transplanting trees.
Minimizing adverse effects on the Butternut trees was examined but due to their large size, transplanting was not feasible.
Potential approaches to achieve an overall benefit for Butternut may include:
- planting and tending replacement trees;
- cloning an archivable tree; and/or
- collecting seeds.
The Forest Gene Conservation Association (FGCA) recommends a ratio of how many trees the applicant should plant based on their size (i.e. diameter at breast height). The ratios include 20:1, 5:1, and 2:1, depending on tree size. The ratio of seedlings planted per tree removed is intended to provide an overall increase to the seed production capacity of the trees proposed to be removed. The ratio for a tree to be harmed is half the replacement planting as for one to be removed. For the 26 trees proposed to be removed and the 12 trees proposed to be harmed, it is recommended that the applicant plant a total of 559 Butternut seedlings from a local seed source in suitable sites.
Establishing and tending to these seedlings in a protected area would result in a net increase in the local reproductive potential for the species. Tending and monitoring of the Butternut seedlings would take place over a five year period to ensure that at least half of the planted trees would be alive at the end of this period (i.e., survival of a minimum of 280 Butternut trees at the site). These newly planted Butternut trees would receive protection under the ESA, and would increase diversity of the local gene pool as well as the reproductive potential for the species.
Further to this, the applicant would collect seeds from healthy trees and provide them to the FGCA and the Rideau Valley Conservation Authority (RVCA). KNL Developments Inc. also proposes to work in collaboration with the RVCA in order to clone an archivable tree that has putative resistance to canker disease.
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.
Decision:
On June 4, 2012 the Minister of Natural Resources issued an overall benefit permit to KNL Developments Inc. under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) with respect to Butternut in order to construct a residential subdivision located in the Kanata portion of the City of Ottawa on parts of Lot 6 and 7, Concession 2 and 3 in the Geographic Township of March.
Reasonable alternatives to the proposal were considered, including alternatives that would not adversely affect the species. Alternatives considered included leaving trees in their current location and transplanting trees. There were no feasible alternatives that would allow for the retention of all the Butternut trees given the intended urban density and infrastructure, and grading required for the residential development. Mature Butternuts are too large to be transplanted successfully. The seedling trees were also considered for potential transplanting, however, the site has shallow soils, and given the long roots of Butternut trees it was not a feasible option at this site. The best alternative was selected that would benefit Butternut and allow for the development plans to proceed. The best alternative, which was adopted, consists of:
• Developing the project site on 49 hectares of land, using the current site location and layout to minimize effects on protected species and habitat.
• Compensating for the removal and harming of Butternut trees on the site by implementing an overall benefit plan.
• Tending and monitoring the planted Butternut seedlings for five years following their planting.
The permit requires KNL Developments Inc. to undertake a number of measures to minimize adverse effects on individual members of Butternut, including:
• Successfully avoiding 20 of the 58 retainable Butternut trees by working around the trees.
• Emulating natural Butternut habitat conditions and avoiding a monoculture of disease-prone trees by planting the Butternut along with 250 companion tree species (native deciduous and coniferous species).
The permit requires KNL Developments Inc. to undertake a number of actions to achieve an overall benefit to Butternut, within a reasonable time, including:
• Compensate for the removal of 26 and harm of 12 retainable Butternut trees by planting and tending 250 Butternut seedlings.
• Planting and tending 250 native deciduous and coniferous species to accompany the Butternut seedlings.
• Collect 1000 seeds which will be donated to the Rideau Valley Conservation Authority or the Forest Gene Conservation Association and become part of the Butternut recovery program.
• Collect fifty scions (cuttings) from an archivable Butternut tree on site that has to date demonstrated potential resistance to Butternut canker disease. A minimum of 30 scions will be grafted and archived while the balance would be donated to the Ontario Forest Research Institute.
• These newly planted Butternut trees would receive protection under the ESA and would result in increased diversity in the local gene pool and an increased reproductive potential 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 (011-5554) 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 Subdivision Development - Kanata (ER number: 011-5554) .
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.
