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Proposed Authorization Summary
| Proponent: | SunEdison Canada |
|---|---|
| Project: | Solar Facility Construction - Kingston |
| Location: | County of Frontenac See location on Google Maps  |
| Species: |
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| Sector: | Renewable energy |
| Environmental Registry Number: | 011-6238 |
| 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:
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 Whip-poor-will in order to construct and operate a 10 megawatt solar power facility on approximately 40 hectares (ha) of privately owned land on part Lots 4 and 5, Concession 5 WD, within the City of Kingston, County of Frontenac.
The proposal to construct and operate a 10 megawatt solar farm has the potential to adversely affect Whip-poor-will habitat. The proposed permit conditions would provide benefits that exceed the adverse effects on Whip-poor-will habitat.
Whip-poor-will is 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 Whip-poor-will (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.
SunEdison Canada is proposing to construct and operate a 10 megawatt solar power facility on a 40 ha parcel in Frontenac County for the purpose of generating electricity. The solar power facility is proposed to be located within Whip-poor-will habitat. SunEdison Canada has applied for an overall benefit permit under clause 17(2)(c) of the ESA for the purpose of developing a solar power facility that will affect Whip-poor-will 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.
Potential approaches to avoid adverse effects on individual members of Whip-poor-will may include:
- Conducting vegetation removal and construction activities outside of the breeding bird season, when Whip-poor-will would not occur on site (i.e. September 1st – April 1st)
Potential approaches to minimize adverse effects on Whip-poor-will habitat are being considered.
Potential approaches to achieve an overall benefit for Whip-poor-will may include:
- Securing and actively managing a nearby area for a period of 20 years (life of the solar farm), to create and maintain suitable Whip-poor-will habitat equivalent or larger in size to the area damaged by the activity
- Supporting a research project at Queen’s University to investigate causes of Whip-poor-will population decline and habitat requirements.
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 December 20, 2012 the Minister of Natural Resources issued an overall benefit permit to SUNE Westbrook GP Corp. and SUNE HWY 2 S GP Corp. (both under SunEdison Canada) under clause 17(2)(c) of the ESA with respect to Eastern Whip-poor-will habitat in order to construct and operate two 10-megawatt Solar Power Facilities on a 22 hectare parcel of private land in the County of Lennox and Addington and on a 24 hectare parcel of private land in the County of Frontenac, respectively.
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. Mitigation and Overall Benefit measures will be imposed through conditions of the permit. As a result, the proposed project locations are the most reasonable alternative for this project.
The permit requires SUNE Westbrook GP Corp. and SUNE HWY 2 S GP Corp. to undertake a number of measures to minimize adverse effects on individual members of Eastern Whip-poor-will including:
- All construction and habitat restoration activities at the projects locations and Overall Benefit Areas will occur from August 15th to May 1st of any year the permit is enforce (i.e. outside of the Eastern Whip-poor-will breeding season);
- Temporarily disturbed areas at the project locations will be restored to their original state immediately following the cessation of the disturbance;
- Areas of long-term disturbance at the project locations will be restored as Eastern Whip-poor-will habitat as part of the decommissioning process for the project; and
- Access roads at the project locations will be routed along existing hedgerows/fencerows wherever possible.
The permit requires SUNE Westbrook GP Corp. and SUNE HWY 2 S GP Corp. to undertake a number of actions to achieve an overall benefit to Eastern Whip-poor-will within a reasonable time, including:
- Ensuring the completion of a research project that will:
- determine reasons for Eastern Whip-poor-will breeding habitat loss and declines of Eastern Whip-poor-will in Ontario;
- be completed in conjunction with Queen’s University and Bird Studies Canada, or another qualified and MNR approved collaborator;
- result in a peer reviewed technical or scientific report on the results; and
- be submitted for publication to a peer-reviewed scientific journal or otherwise made available to the public in a manner that is approved by the MNR.
- Converting and maintaining two Overall Benefit Areas totalling at least 62.5 hectares in size as high quality habitat for Eastern Whip-poor-will for the duration of the solar projects, to replace the 46 hectares of habitat temporarily lost.
- Monitoring the use of this Overall Benefit Area habitat by Eastern Whip-poor-will for five years within one year of the permit being approved. A summary of findings will be prepared for MNR annually and will help inform future management of these species.
Comment On This Project
To view and comment on this proposed permit, please visit the Environmental Registry and enter the Registry number (011-6238 ) 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 - Kingston (ER number: 011-6238 ) .
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.
