Renfrew Power Generation Inc. Permit for activities with conditions to achieve overall benefit to the species - ESA s.17(2)(c)

Decision

This notice was originally published on June 24, 2010. It was updated on December 13, 2019 to advise the public that the Minister issued a revocation for the permit on June 18, 2012, as the applicant had altered their construction plans allowing them to comply with Ontario Reg. 242/08 instead of requiring a permit.

The permit is no longer needed as the applicant has decided to follow the rules and regulations on Ontario Reg. 242/08.

Proposal

The applicant, Renfrew Power Generation Inc., has applied for a permit for the removal of three Butternut trees (Juglans cinerea) of varying sizes for the purpose of constructing a buried penstock at their hydroelectric generating facility in Renfrew, Ontario.

Butternut is listed on the Species at Risk in Ontario List, in Ontario Regulation (O. Reg.) 230/08 under the Endangered Species Act, 2007 (ESA), as an endangered species. Clause 9 (1)(a) of the ESA, provides that no person shall kill, harm, harass, capture or take a living member of a species that is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species.

The health of the Butternut trees at this site has been assessed by a qualified Butternut Health Assessor. Three of the Butternut trees proposed for removal were determined to be not severely affected by Butternut Canker and therefore retainable. The identification of retainable trees is based on an assessment of crown dieback and the coverage of the stem and root flare by cankers. Retainable trees do not qualify for the exemption in section 5 of O. Reg. 242/08 under the ESA and can not be removed without an authorization.

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 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;

1. the Minister is of the opinion that an overall benefit to the species will be achieved within a reasonable time through requirements imposed by conditions of the permit,
2. the Minister is of the opinion that reasonable alternatives have been considered, including alternatives that would not adversely affect the species, and the best alternative has been adopted, and
3. the Minister is of the opinion that reasonable steps to minimize adverse effects on individual members of the species are required by conditions of the permit.

The applicant has developed a plan to achieve overall benefit as part of the permit application. Details of the plan include achieving overall benefit for Butternut through these measures:

• 45 Butternut seedlings to be planted in suitable sites on the property of Renfrew Power Generation Incorporated.
• Tending (weeding) and monitoring of the planted trees to continue for a period of five years after planting, under the supervision of a qualified person.
• At the end of the monitoring period, the applicant is required to have a minimum of half (23) of the planted Butternut trees alive and growing.

The proposed plantings meet the Forest Gene Conservation Association’s Guidelines for achieving overall benefit. Establishing and tending to these seedlings will result in a net increase in the local reproductive potential for the species.

The applicant would oversee the planting, tending and monitoring of the Butternut seedlings. The 45 Butternut trees would be planted in locations identified as suitable for Butternut trees, as determined by a qualified person and approved by the ministry. Tending and monitoring of the Butternut seedlings on site would take place and continue for a period of five years after planting. To promote successful growth of the seedlings, corrective actions would be applied as required (e.g., control measures, replacement plantings) and reported to the ministry. At the end of the five year monitoring period, a minimum of at least half of the planted Butternut trees (i.e., at least 23) are to be alive in a growing condition acceptable to the ministry. Newly planted Butternut trees will receive protection under the ESA.

Alternatives that would not affect Butternut, such as working around all the trees, were considered but could not be entirely adopted due to the existing infrastructure and configuration of the facility and the proximity with the Butternut.

Minimizing adverse effects on individual members of the species would be achieved by avoiding the Butternut trees during construction that are not proposed to be removed. In addition, where possible small (<3 cm diameter) seedlings affected by the construction will be transplanted.