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Proposed Authorization Summary
| Proponent: | RE Smiths Falls 3 ULC |
|---|---|
| Project: | Solar Facility Construction - Smith Falls |
| Location: | Lanark County See location on Google Maps  |
| Species: |
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| Sector: | Renewable energy |
| Environmental Registry Number: | 011-5403 |
| 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:
RE Smiths Falls 3 ULC intends to apply for 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 8, concession 9 in the geographic township of Elmsley, 8 kilometres (km) west northwest of Smiths Falls, Ontario.
The proposal to construct a 10 megawatt solar voltaic facility 8 km west-northwest of Smiths Falls, Ontario has the potential to impact Bobolink and its habitat.
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 subsection 10(1) of the ESA currently applies to Bobolink.
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; 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.
The proposed solar facility will have both direct and indirect effects on Bobolink habitat. Bobolink was observed using approximately 7.67 hectares (ha) of agricultural/field habitat on the project location. This 7.67 ha of habitat will be lost. Hatch Consultants, on behalf of RE Smiths Falls 3 ULC, have been in discussion with MNR staff at the Kemptville District office about reasonable alternatives and mitigation measures. In addition, RE Smiths Falls 3 ULC has applied for an overall benefit permit under clause 17(2)(c) of the ESA to remove the 7.67 ha 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 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 Bobolink may include:
- Conducting on-site activities outside the breeding bird season to eliminate incidental taking of Bobolink and disturbance to breeding Bobolink;
- Ceasing work immediately should proposed construction activities conflict with the Bobolink breeding season, and contacting MNR for further direction; and
- Ensuring that an individual, responsible for ensuring the conditions of the permit are met, is on site during the construction period to ensure that work area boundaries are respected.
Potential approaches to achieve an overall benefit for Bobolink may include:
- Compensation for the loss of habitat by entering a land use agreement with a local farmer. The agreement will entail the farmer delaying haying operations on at least 7.67 ha of hayfield until mid July each year for the lifespan of the project, as managing the lands intentionally to protect Bobolink is an improvement over managing solely for hay or livestock purposes.
- Compensation for the loss of habitat by securing a minimum of 7.67 ha of disturbed, potential Bobolink habitat and improving/maintaining it for Bobolink for the duration of the project; and
- Performing annual breeding bird surveys on compensation sites to assess use by Bobolink at these sites.
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 April 30th, 2012 the Minister of Natural Resources issued an overall benefit permit to RE Smiths Falls 3 ULC under clause 17(2)(c) of the ESA with respect to Bobolink in order to construct a 10 megawatt solar photovoltaic facility in Part Lot 8, Concession 9 in the Geographic Township of Elmsley. There was a minor amendment on December 4, 2012 to revise the location of overall benefit lands, timelines and permit expiry date due to construction changes on an adjacent project, RE Smiths Falls 1, that has implications for the overall benefit lands that were initially to be managed for Bobolink.
Reasonable alternatives to the proposal were considered, including alternatives that would not adversely affect the species. Alternatives considered included doing nothing, finding an alternative project location, utilizing the entire site to construct solar panels, and alternate site layouts. The best alternative, which was adopted, consists of:
• Developing the project site on 53 hectares (ha) of land of which 7.67 ha are considered Bobolink habitat, using the current site location and layout to minimize effects on protected species and habitat; and
The permit requires the Corporation 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 April 30 (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;
• Mitigating soil erosion during construction phase; and
• Delineating the boundaries of work areas to ensure habitat destruction beyond the proposed project location does not occur.
The permit requires the Corporation to undertake a number of actions to achieve an overall benefit to Bobolink, within a reasonable time, including:
• Compensating at a ratio no less than 1:1 by converting 9.59 ha of land to Bobolink habitat (“Overall Benefit Area 1”) and maintaining it as such for the first 5 years. Development of Overall Benefit Area 1 will start as soon as weather conditions permit in 2013 so that it is ready for use by Bobolink by June 1, 2013;
• Compensating at a 1:1 ratio by converting 7.67 ha of secured land to Bobolink habitat (“Overall Benefit Area 2”) and maintaining it as such following the initial 5 years. Development of Overall Benefit Area 2 will start as soon as weather conditions permit in 2018 so that is ready for use by Bobolink by June 1, 2018. Area 2 will also be maintained until one year past the project is decommissioned and site restoration activities have commenced;
• As required, reseeding, vegetation cutting or removal on existing Bobolink habitat shall take place outside the breeding season (before May 1 or after July 31);
• If crop rotation is necessary in Overall Benefit Area 2, that area shall be maintained as a hayfield for at least 5 consecutive years out of every 7 and;
• Performing post-construction species monitoring for five years (spring/summer from 2014 -2017 inclusive and 2022). Bobolink habitat monitoring reports will be submitted to MNR annually, and in 2021 a final report submitted to MNR prior to December 31st.
In addition, the permit requires the Corporation 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 (011-5403) 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 Solar Facility Construction - Smith Falls (ER number: 011-5403) .
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.
