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Proposed Authorization Summary
| Proponent: | Canadian Solar Solutions Inc. |
|---|---|
| Project: | Project Liskeard 1, 3 and 4 - Class 3 Solar Facility |
| Location: | Temiskaming Shores See location on Google Maps  |
| Species: |
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| Sector: | Renewable energy |
| Environmental Registry Number: | 011-6838 |
| 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:
Canadian Solar Solutions 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 Bobolink in order to construct three integrated 10-megawatt solar Class 3 photovoltaic facilities, totalling 30 megawatts, in the geographic townships of Dymond and Bucke, within the city of Temiskaming Shores, Ontario.
The proposal to construct the solar electricity generating facilities has the potential to adversely affect Bobolink and its associated habitat. However, the proposed permit conditions would provide benefits that exceed the adverse effects on Bobolink.
Bobolink is listed as Threatened on the Species at Risk in Ontario (SARO) List, in Ontario Regulation 230/08 of the ESA.
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.
Canadian Solar Solutions Inc. has received a Feed-In-Tariff (FIT) contract from the Ontario Power Authority (OPA) to construct and operate three integrated 10-megawatt solar, Class 3 photovoltaic facilities, totalling 30 megawatts, within the city limits of Temiskaming Shores, Ontario. Bobolink have been observed within the proposed project location. Approximately 56 hectares of Bobolink habitat will be negatively affected as a result of the proposed development.
Construction is to commence in the fall of 2012, with the solar facility becoming operational in May 2013. The proponent has been in discussion with MNR staff about reasonable alternatives and approaches to minimize adverse effects as part of its proposal for an overall benefit permit under clause 17(2)(c) of the ESA.
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:
- Clearing of grassland habitat outside of the breeding season to avoid adverse effects to Bobolink;
- Undertaking construction activities outside of the breeding season to avoid adverse effects to Bobolink;
- Ensuring a qualified biologist conducts nest surveys and habitat sweeps prior to construction, should the performance of some construction activities be required within the Bobolink breeding season, to avoid adverse effects to Bobolink;
- Requiring restoration of areas of long-term disturbance following decommissioning of the project; and
- Eliminating or reducing cattle grazing within project area to increase the quality of the remaining Bobolink habitat.
Potential approaches to achieve an overall benefit for Bobolink may include:
- Enhancement/restoration of existing, and creation of new Bobolink habitat through use of a high-quality native grassland seed mix suitable for Bobolink;
- Active management of areas of habitat compensation to optimize Bobolink habitat;
- Post-construction monitoring aimed at increasing knowledge of Bobolink and Bobolink habitat; and
- Pursuance of research opportunities with accredited post-secondary academic institutions to increase knowledge on Bobolink and Bobolink habitat.
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.
Proposed Permit Details:
Canadian Solar Solutions Inc., for its wholly-owned subsidiaries (2225256 Ontario Inc., 2225342 Ontario Inc. and 2225345 Ontario Inc.) has applied to construct three solar installations (10 megawatts (MW) each) on private land that will function as a single integrated unit in Dymond and Bucke townships, within the City of Temiskaming Shores (Timiskaming District).
Bobolink are listed as threatened on the Species at Risk in Ontario (SARO) list, in O. Reg. 230/08 of the Endangered Species Act (ESA), 2007, and have been observed in part of the project area. Approximately 56 hectares of Bobolink habitat, protected under the ESA s. 10(1), would be damaged by the proposed activity.
Reasonable alternatives, including alternatives that would not adversely affect the species, have been explored. The best alternative has been chosen to allow work to continue and avoid impacts to Bobolink and minimize impacts to habitat, including:
- Reducing the project location and layout size to minimize impacts to Bobolink habitat; and
- The timing of certain construction activities has been adjusted to avoid disturbance to Bobolink during the breeding season.
There will be reasonable steps to minimize adverse effects on individual members of the species as required by conditions of the permit, including:
- Scheduling works to avoid or minimize impacts to individuals during the season when Bobolink are present; and
- Revegetation of areas of temporary disturbance with an MNR-approved grass seed mixture.
Overall benefit to the species will be achieved within a reasonable time through requirements imposed by conditions of the permit. Canadian Solar Solutions Inc. has agreed to:
- Manage and maintain 56 ha of high quality habitat for Bobolink via landowner agreement, for the lifetime of the project;
- Conduct a monitoring program to assess the use of habitat set aside for Bobolink; and
- Submit regular reports to the Ministry of Natural Resources for review.
Decision:
On January 24, 2013 the Minister of Natural Resources issued an overall benefit permit to 2225342 Ontario Inc. and 2225345 Ontario Inc. (both wholly owned subsidiaries of Canadian Solar Solutions Inc.) under clause 17(2)(c) of the ESA with respect to Bobolink in order to build two integrated 10 megawatt solar Class 3 photovoltaic facilities totalling 30 megawatts in the Geographic Townships of Dymond and Bucke within the city of Temiskaming Shores, ON.
Reasonable alternatives to the proposal were considered, including alternatives that would not adversely affect the species. Alternatives considered included:
• not constructing the projects;
• constructing the projects at different locations;
• adjusting construction timelines to avoid species specific sensitivities; and
• using alternative methods, equipment, designs for carrying out the proposed activities.
The best alternative, which was adopted, consists of:
• building at the proposed locations;
• adjusting construction activities to avoid species specific sensitivities;
• significantly reducing the project footprint so less Bobolink habitat is impacted; and
• reducing the size of the construction lay-down areas to minimize temporary impacts.
Permit conditions will ensure that a 1:1 habitat replacement occurs, and that an overall benefit is achieved for Bobolink through habitat enhancements, maintenance, monitoring, and reporting requirements.
The permit requires Canadian Solar Solutions Inc. to undertake a number of measures to minimize adverse effects on individual members of Bobolink, including:
• adjusting construction activities to avoid species specific sensitivities;
• rehabilitation of the project sites following decommissioning of the projects; and
• adjusting the project layout to minimize the temporary and permanent loss of grassland/open pasture that may act as Bobolink habitat.
The permit requires 2225342 Ontario Inc. and 2225345 Ontario Inc. to undertake a number of actions to achieve an overall benefit to Bobolink, within a reasonable time, including:
• establish 56 hectares of high quality grassland breeding habitat for Bobolink at an MNR approved site;
• actively managing the 56 hectares to ensure that the breeding habitat is not lost to natural succession;
• using an MNR approved grass seed mixture in habitat establishment;
• ensuring that 25% of the established breeding habitat is located at least 100 metres away from edge features to meet Bobolink biological needs; and
• monitoring and annual reporting requirements.
Comment On This Project
To view and comment on this proposed permit, please visit the Environmental Registry and enter the Registry number (011-6838) 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 Project Liskeard 1, 3 and 4 - Class 3 Solar Facility (ER number: 011-6838) .
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.
