Hilden Homes Ltd. - Permit for activities to achieve an overall benefit to a species

Hilden Homes Ltd. is seeking an overall benefit permit for the development of a subdivision at the west end of Fawcett Avenue in Picton.

The permit may adversely impact:

• butternut individuals (kill 16 category 2 Butternut trees)
• approximately 3.14 hectares of Butternut habitat

Butternut is listed on the Species at Risk in Ontario list, under Ontario Regulation 230/08 of the Endangered Species Act, 2007, 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.

Protecting species under the Endangered Species Act

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, 2007, 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

Hilden Homes Ltd. is seeking ways to provide an overall benefit to Butternut trees. These may involve:

• planting, monitoring and tending 125 Butternut seedlings
• planting native companion seedlings to emulate natural Butternut habitat conditions
• tending the seedlings for at least five years.

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

Reasonable alternatives being considered

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

• do nothing (i.e. not developing the subject lands)
• developing only a portion of the property
• developing the entire property while maintaining (1 or more) category 1 trees within development footprint
• developing the entire property while transplanting existing small diameter (e.g. 2 centimetres or less diameter at breast height) category 2 trees
• developing the entire property while maintaining (1 or more) category 2 trees within development footprint
• developing the entire property while completing the development in phases

Hilden Homes Ltd. has concluded the that not developing or developing only a portion of the property would not be economically feasible. The alternatives to develop the property while maintaining either one or more category 1 or 2 trees was considered not to be technically feasible as grading will be required across the entire subject property, ultimately resulting in harming the trees.

The best alternative being proposed is developing the entire property while completing the development in phases. Hilden Homes Ltd. also intends to transplant five of the existing small diameter trees.

Actions to minimize negative effects to the species

Hilden Homes Ltd. 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
• transplanting five of the Butternuts (e.g. those that have a diameter at breast height of 2 centimetres or less provided they have no visible sign of Butternut Canker) proposed to be taken on the subject property onto a new, appropriate planting location

Other information

The Province has published a government response statement under section 12.1 of the Endangered Species Act with respect to Butternut.

The government response statement will be considered before a decision to issue an overall benefit 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 Endangered Species Act have been satisfied.

More information on Species at risk overall benefit permits