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Proposed Authorization Summary
| Proponent: | Axio Power Canada Inc./SunEdison Canada |
|---|---|
| Project: | Solar Facility Construction - Sophiasburgh |
| Location: | Prince Edward County See location on Google Maps  |
| Species: |
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| Sector: | Renewable energy |
| Environmental Registry Number: | 011-6168 |
| 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:
Axio Power Canada Inc./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 and Eastern Meadowlark habitat in order to construct and operate a 10 megawatt Solar Power Facility on a 36 hectare (ha) parcel in Sophiasburgh Township.
The proposal to construct and operate a 10 megawatt Solar Power Facility has the potential to adversely affect Bobolink and Eastern Meadowlark habitat. The proposed permit conditions would provide benefits that exceed the adverse effects on Bobolink and Eastern Meadowlark habitat.
Bobolink and Eastern Meadowlark are listed on the Species at Risk in Ontario (SARO) List, in Ontario Regulation 230/08 of the ESA, as Threatened.
Habitat protection under the ESA applies to Bobolink and Eastern Meadowlark (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.
Axio Power Canada Inc./SunEdison Canada propose to construct and operate a 10 megawatt solar power facility on a 36 hectare parcel in Sophiasburgh Township for the purpose of generating electricity. The solar power facility is proposed to be located within Bobolink and Eastern Meadowlark habitat. Axio Power Canada Inc./SunEdison Canada has applied for an overall benefit permit under clause 17(2)(c) of the ESA to damage Bobolink and Eastern Meadowlark habitat.
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.
Proposed approaches to avoid adverse effects on individual members of Bobolink and Eastern Meadowlark include:
- Conducting vegetation removal and construction activities outside of the breeding bird season, when Bobolink and Eastern Meadowlark would not occur on site (i.e. August 1st to April 1st).
Potential approaches to minimize adverse effects on Bobolink and Eastern Meadowlark habitat are being considered.
Potential approaches to achieve an overall benefit for Bobolink and Eastern Meadowlark may include:
- Securing and actively managing a nearby area for a period of 20 years (life of the solar farm), so as to create and maintain suitable Bobolink and Eastern Meadowlark habitat equivalent in size to the area damaged by the solar power facility. The area of Bobolink and Eastern Meadowlark habitat that is likely to be damaged by the proposed solar farm is 20 ha.
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 July 19, 2012 the Minister of Natural Resources issued an overall benefit permit to 2225051 Ontario Inc. (SunEdison Canada) under clause 17(2)(c) of the ESA with respect to Bobolink and Eastern Meadowlark in order to construct and operate a 10 megawatt Solar Power Facility on a 36 hectare parcel of private land in Sophiasburgh Township.
Reasonable alternatives to the proposal were considered, including alternatives that would not adversely affect the species. Alternatives considered included conducting the activity in an alternative location and using alternate methods, equipment, designs, etc. for carrying out the proposed activity. The best alternative, which was adopted, consists of adjusting timelines to avoid species specific sensitivities (e.g., active breeding periods for the species).
The permit requires SunEdison Canada to undertake a number of measures to minimize adverse effects on Bobolink and Eastern Meadowlark and their habitat, including:
• All construction and habitat restoration activities will occur between August 1st and May 1st, outside of the Bobolink and Eastern Meadowlark breeding seasons.
• Temporarily disturbed areas will be restored to their original state; areas of long-term disturbance will be restored as Bobolink and Eastern Meadowlark habitat as part of the decommissioning process for the project.
• Access roads will be routed along existing hedgerows/fencerows wherever possible.
The permit requires SunEdison Canada to undertake a number of actions to achieve an overall benefit to Bobolink and Eastern Meadowlark, within a reasonable time, including:
• Converting and maintaining an area of land at least 20 hectares in size to high quality habitat for Bobolink and Eastern Meadowlark for the duration of the solar project, which will replace the 20 hectares of habitat lost with high quality habitat for the life of the project.
• Managing this Overall Benefit habitat to ensure activities that may negatively impact individual Bobolink or Eastern Meadowlark (i.e., reseeding, vegetation cutting or removal) will be limited to the non-breeding season (August 31 – May 1), allowing for higher breeding success in that habitat for the duration of the project.
• Monitor the use of this habitat by Bobolink and Eastern Meadowlark for five years. A summary of findings will be prepared for MNR annually and will help inform future management of these species.
Public consultation on the proposal for this ESA permit was provided for 30 days, from April 27, 2012, to May 28, 2012. Three comments were received in response to this Environmental Registry notice.
Two of the comments focused on agriculture and Green Energy at a landscape level and were out of scope in relation to the purpose of the proposed permit. The remaining comment, which focused on habitat compensation, is addressed in the conditions of the permit.
Comment On This Project
To view and comment on this proposed permit, please visit the Environmental Registry and enter the Registry number (011-6168 ) 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 - Sophiasburgh (ER number: 011-6168 ) .
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.
