Tartan JTJ Homes Inc. - Permit for activities to achieve an overall benefit to a species

Tartan JTJ Homes Inc. is seeking an overall benefit permit for the development of 82 stacked townhome units on Greenbank Road, City of Ottawa.

The permit will authorize the applicant to:

• kill four Category 3 Butternut trees
• kill one Category 2 Butternut tree
• harm one Category 2 Butternut tree
• damage and destroy up to 0.91 hectares of Butternut habitat

Butternut is listed on the Species at Risk in Ontario list, under O.Reg. 230/08 of the Endangered Species Act, as Endangered.

The main threat to the survival of Butternut trees is Butternut Canker, and this disease has affected most Butternut trees across the province.

Sections 9 and 10 of the Endangered Species Act provide protection for individual members of a species and their habitat if that species is listed on the Species at Risk in Ontario list as extirpated, endangered or threatened.

Under clause 17(2)(c) of the Endangered Species Act, the minister may issue a permit authorizing a person to engage in an activity that would otherwise be prohibited by sections 9 or 10 of the Act if:

• an overall benefit to the species will be achieved within a reasonable time through the conditions of the permit
• reasonable alternatives have been considered, including alternatives that would not negatively affect the species, and the best alternative has been adopted
• reasonable steps to minimize negative effects on individual members of the species are required by conditions of the permit

Providing an overall benefit to a protected species under the Endangered Species Act involves improving circumstances for the species in Ontario. Overall benefit is:

• more than "no net loss" or an exchange of "like for like"
• grounded in the protection and recovery of the species at risk
• more than mitigation measures or "replacing" what is lost

Actions to achieve an overall benefit to the species

Tartan JTJ Homes Inc. is seeking ways to provide an overall benefit to Butternut trees. These may involve:

• archiving two Butternut trees that demonstrate potential resistance to the Butternut Canker disease
• collecting 2000 seeds from Category 3 trees to be donated and propagated for planting
• planting, monitoring and tending to 22 Butternut seedlings and 22 native companion seedlings to emulate natural Butternut habitat conditions

These actions are expected to achieve an overall benefit to the species by:

• increasing the overall number of Butternut planted on the landscape, while emulating natural Butternut habitat conditions
• preserving the genetic information of the species, which can be used to support future Butternut populations

Reasonable alternatives being considered

Tartan JTJ Homes Inc. has explored alternatives, including alternatives that would not adversely affect Butternut trees and their habitat. These include:

• not proceeding with the proposed development
• altering the development footprint and layout to avoid impacts to Butternut trees and their habitat

Actions to minimize negative effects to the species

Tartan JTJ Homes Inc. is seeking ways to minimize adverse effects on Butternut trees and their habitat. These may include:

• retaining a Qualified Professional to oversee that the proposed permit conditions and mitigation measures are properly implemented on the site
• installing protective exclusion fencing to restrict construction activity around the Butternut tree to be retained on site
• clearly defining area of proposed clearing and grading to ensure no accidental removals or encroachments into adjacent Butternut habitat
• minimizing construction footprint where feasibly possible to retain portions of the existing woodlot on the site

Other Information

We have published a government response statement under section 12.1 of the ESA with respect to Butternut.

The Butternut government response statement specifies actions, such as:

• protecting Butternut trees and their habitat through the ESA
• improving knowledge of their distribution across the province
• improving species knowledge by research
• collecting genetic material from Butternut trees that may contribute to the recovery of the species

These actions were supported in the permit.

A copy of the government response statement for Butternut is available at: https://www.ontario.ca/page/butternut-government-response-statement

Posting this proposal on the Environmental Registry does not imply that we will issue a permit. A permit may only be issued where the legal requirements set out in clause 17(2)(c) of the ESA have been satisfied.