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Proposed Authorization Summary
| Proponent: | FNX Mining Company Inc. |
|---|---|
| Project: | Advanced Exploration Project, Sudbury |
| Location: | City of Greater Sudbury See location on Google Maps  |
| Species: |
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| Sector: | Mining |
| Environmental Registry Number: | 011-5217 |
| 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:
FNX Mining Company Inc. intends to apply for 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 conduct advanced exploration activities in the geographic township of Denison, City of Greater Sudbury.
The proposal by FNX Mining Company Inc. to conduct advanced exploration activities has the potential to impact Whip-poor-will and their habitat.
Whip-poor-will 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 Whip-poor-will.
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 511-hectare site where FNX Mining Company Inc. is proposing to undertake advanced exploration activities is known to be occupied by Whip-poor-wills and includes a number of Whip-poor-will territories and several hectares of suitable habitat. FNX Mining Company Inc. is proposing to confine their surface facilities and infrastructure to 15 hectare of the site, where a single Whip-poor-will territory approximately 6.7 hectare in size has been documented. An overall benefit permit under clause 17(2)(c) of the ESA is required for the purposes of developing this site to conduct advanced exploration activities.
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 Whip-poor-will may include:
- Educating project staff about Whip-poor-will identification and life-cycle;
- Scheduling works to avoid or minimize disturbance during the season when Whip-poor-will are present;
- Monitoring effectiveness of mitigation activities and reporting results to the MNR Sudbury District office; and
- Habitat rehabilitation activities on-site upon closure of the facility to re-establish Whip-poor-will habitat;
Potential approaches to achieve an overall benefit for Whip-poor-will may include:
- Erecting signage to discourage off-road vehicle use of the property to decrease nest and bird disturbance;
- Rehabilitating a currently disturbed area off-site to re-establish Whip-poor-will habitat and studying the success of such rehabilitation;
- Educating the public about the distribution, population status, breeding biology, and identification techniques for this species;
- Monitoring and sharing of collected knowledge on Whip-poor-will to provide important life-cycle information;
- Funding a university student to undertake a research project for Whip-poor-will; and
- Permanent protection and/or improvement of an area of Whip-poor-will habitat.
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.
Proposed Permit Details:
Overall benefit to the species will be achieved within a reasonable time through requirements imposed by conditions of the permit. FNX Mining Company Inc. proposes to:
- Erect signage to discourage off-road vehicle use of the property to decrease nest and bird disturbance;
- Demonstrate that two other properties will be managed to maintain habitat for Eastern Whip-poor-will;
- Educate the public through an open forum about the distribution, population status, breeding biology, and identification techniques for this species; and
- Monitor and share Eastern Whip-poor-will information including important life-cycle information, collected on the two properties managed for Whip-poor-will, as well as the mining site.
The best alternative has been chosen to allow work to continue and avoid some impacts to Eastern Whip-poor-will and their habitat. Reasonable alternatives have been considered, including alternatives that would not adversely affect the species:
- FNX Mining Company Inc. has adjusted their original proposal by confining the proposed surface facilities and infrastructure to 45.8 hectares of the 511-hectare property
- The time-lines of certain activities have been adjusted to avoid disturbance to Whip-poor-will 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:
- Scheduling works to avoid or minimize impacts to individuals during the season when Eastern Whip-poor-will are present;
- Educating project staff about Eastern Whip-poor-will identification and life-cycle;
- Monitoring effectiveness of mitigation activities and reporting results to the MNR Sudbury District office; and
- Habitat rehabilitation activities on-site upon closure of the facility to re-establish Whip-poor-will habitat.
Decision:
On May 2, 2012 the Minister of Natural Resources issued an overall benefit permit to FNX Mining Company Inc. under clause 17(2)(c) of the ESA with respect to Eastern Whip-poor-will in order to conduct activities carried out under the Ontario Mining Act in Denison Township, City of Greater Sudbury.
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;
- Adjusting timelines to avoid species specific sensitivities (e.g., active periods for the species).
The best alternative, which was adopted, consists of FNX Mining Company Inc. adjusting their original proposal by confining the proposed surface facilities and infrastructure to 45.8 hectares of the 511-hectare property, where Eastern Whip-poor-will territories have been documented. Timing windows to avoid sensitive periods have also been adopted. The best alternative has been chosen to allow work to continue and avoid some impacts to Eastern Whip-poor-will and their habitat.
The permit requires FNX Mining Company Inc. to undertake a number of measures to minimize adverse effects on individual members of Eastern Whip-poor-will, including:
- Scheduling works to avoid or minimize disturbance during the season when Eastern Whip-poor-will are present;
- Educating project staff about Eastern Whip-poor-will identification and life-cycle;
- Monitoring effectiveness of mitigation activities and reporting results to the MNR Sudbury District office; and
- Habitat rehabilitation activities on-site upon closure of the facility to re-establish Whip-poor-will habitat.
The permit requires FNX Mining Company Inc. to undertake a number of actions to achieve an overall benefit to Eastern Whip-poor-will, within a reasonable time, including:
- Erect signage to discourage off-road vehicle use of the property to decrease nest and bird disturbance;
- Demonstrate that two properties (64 hectares and 51.8 hectares in size) will be managed to provide and maintain habitat for Eastern Whip-poor-will;
- Educate the public through an open forum about the distribution, population status, breeding biology, and identification techniques for this species; and
- Monitor and share Eastern Whip-poor-will information as well as important life-cycle information, collected on the two properties managed for Whip-poor-will and the mining site.
Comment On This Project
To view and comment on this proposed permit, please visit the Environmental Registry and enter the Registry number (011-5217) 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 Advanced Exploration Project, Sudbury (ER number: 011-5217) .
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.
