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Proposed Authorization Summary
| Proponent: | Urbandale Construction |
|---|---|
| Project: | Residential Development - Kemptville |
| Location: | Leeds and Grenville United Counties See location on Google Maps  |
| Species: |
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| Sector: | Construction or development |
| Environmental Registry Number: | 011-6479 |
| 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:
Urbandale Construction 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 development at 120 George Street in Kemptville, Ontario. The proposal to build the residential development has the potential to adversely affect Butternut. The proposed permit conditions would provide benefits that exceed the adverse effects on Butternut. Butternut is listed on the Species at Risk in Ontario (SARO) List, in Ontario Regulation 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 the ESA does not apply to Butternut, but is planned to be phased in over the coming years (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. Urbandale Construction intends to build a residential development at 120 George Street in Kemptville, Ontario. Two hundred and eighty-two Butternut occur on this site. Urbandale Construction is seeking an overall benefit permit under clause 17(2)(c) of the ESA to remove the 282 Butternut trees for the purpose of developing the site for a residential development. Reasonable alternatives are being considered, including ones that would not adversely affect the species, and may include: - Conducting the activity in an alternative location; - Avoiding impacts to some individual trees through site planning Potential approaches to minimize adverse effects on individual members of Butternut may include: Retain a qualified professional forester or biologist to: • Supervise and assist with the implementation of the conditions of the permit. • Tend each Butternut seedling planted under the proposed permit for five years after it was planted. • Monitor and report annually on the growing progress of all the planted Butternut seedlings. Monitoring reports would be required for a period ending five years after the planting and tending of all the Butternut seedlings. • Plant additional seedlings in the spring of the following year, to replace as necessary any Butternut seedlings that died. Potential approaches to achieve an overall benefit for Butternut may include: • Urbandale Construction is working with MNR staff to identify proposed actions to achieve an overall benefit for Butternut such as: o Archiving two trees that demonstrates resilience to Butternut canker o Collecting 2000 seeds from trees that demonstrate resilience to Butternut canker and donating the to the Butternut Recovery Program o Planting and tending of 150 Butternut seedlings o Planting and tending of 150 native companion seedlings o Transplanting seedlings 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 November 8, 2012 the Minister of Natural Resources issued an overall benefit permit to Urbandale Construction Limited 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 town of Kemtpville on part of Lot 26, Concession 3 in the Geographic Township of Oxford on Rideau. 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, infrastructure, and grading required for the residential development. Butternuts have a taproot, an enlarged tapering root, which makes them difficult to transplant. The best alternative was selected that would achieve an overall benefit to Butternut and allow for the development plans to proceed. The best alternative, which was adopted, consists of: Developing the project site on 3.8 hectares of land, using the current site location and layout to minimize effects on protected species and habitat. Counterbalance the removal and adverse effects 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 as per the overall benefit plan. The permit requires Urbandale Construction Limited to undertake a number of measures to minimize adverse effects on individual members of Butternut, including: Successfully avoiding the permanent removal of 16 of 294 retainable Butternut and avoiding adverse effects and removal of 3 of the 294 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 140 companion tree species (native deciduous and coniferous species) in an area to be approved by MNR. The permit requires Urbandale Construction Limited to undertake a number of actions to achieve an overall benefit to Butternut, within a reasonable time, including: Compensate for the removal of 275 and adverse effects of 16 retainable Butternut trees by planting and tending 140 Butternut seedlings. The majority (79%) of the trees scheduled for removal or adverse effects are 5 cm or less in diameter Planting and tending 140 native deciduous and coniferous species to accompany the Butternut seedlings. Collect 1700 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 run by the Forest Gene Conservation Association. Collect fifty scions each (cuttings) from two archivable Butternut trees that have to date demonstrated potential resistance to Butternut canker disease. A minimum of 30 scions per tree will be grafted and archived while the balance would be donated to the Ontario Forest Research Institute or another appropriate entity. 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 (011-6479 ) 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 - Kemptville (ER number: 011-6479 ) .
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.
