Vale Canada Limited - Permit for activities to achieve an overall benefit to a species

Vale Canada Limited has submitted an application for an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) for the purpose of removing the Kirkwood Dam in Garson, Ontario.

The proposed activities may adversely impact:

• Blanding’s Turtle individuals
• approximately 4.04 hectares of Blanding’s Turtle habitat

Protecting species under the Endangered Species Act

The Ontario government is committed to protecting species at risk and providing strong environmental oversight, while working to support development opportunities in the province.

Ontario provides protections for species at risk and their habitats under the ESA. Sections 9 and 10 of the 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 either:

• extirpated
• endangered
• threatened

Blanding’s Turtle is listed on the Species at Risk in Ontario list, under O. Reg. 230/08 of the ESA as threatened.

The main threats to the survival of Blanding’s Turtle are:

• loss or fragmentation of habitat
• motor vehicles
• raccoon and foxes that prey on eggs

Under clause 17(2)(c) of the ESA, 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 the Minister believes that:

• 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 ESA means 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

Vale Canada Limited is working to identify ways to provide an overall benefit to Blanding’s Turtle. These may involve:

• restoring continuous natural flow within the watercourse
• installing permanent exclusion fencing near the closest downstream culvert and extending fencing 0.5 kilometres along downstream wetlands
• installing turtle crossing signs along the road
• maintaining the closest downstream culvert to ensure no blockages for ease of movement downstream

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

• maintaining habitat upstream of the dam so Blanding’s Turtle can continue to carry out their life processes
• increasing passage between upstream and downstream areas
• reducing slopes of channels to remove barriers to movement

Reasonable alternatives being considered

Vale Canada Limited is considering alternatives, including alternatives that would not adversely affect Blanding’s Turtles and their habitat. These may include:

• not proceeding with the proposed development
• proceeding with the proposed project including complete dam removal with outlet invert elevation of 289.5 metres
• proceeding with the project including complete dam removal with an outlet invert elevation of 290.0 metres
• proceeding with the project including partial dam removal with an outlet invert elevation of 289.5 or 290.0 metres

Vale Canada Limited has concluded that not proceeding with the Kirkwood Dam removal will result in dam failure and will continue to be a barrier to movement for Blanding’s turtle between upstream and downstream habitat.

The best alternative being proposed for carrying out the proposed development is to:

• proceed with the proposed project including complete dam removal with an outlet invert elevation of 289.5 metres
• provide an overall benefit to the species through the proposed permit conditions

Actions to minimize negative effects to the species

Vale Canada Limited is seeking ways to minimize adverse effects on Blanding’s Turtle and its habitat. These may include:

• dewatering and dam removal activities during the Blanding’s Turtle active season (June 16 to October 15) so overwintering habitat is not impacted
• installing temporary exclusion fencing to prevent Blanding’s Turtle from accessing or nesting the construction area
• implementing an erosion and sediment control plan to prevent impacts downstream
• educating on site personnel regarding species at risk identification and proper techniques for encounters with Blanding’s Turtle
• inspecting the construction areas before project activities start each day to ensure no Blanding’s turtles have entered the area
• monitoring mitigation measures to ensure they are effective

Other information

The Province has published a government response statement under section 12.1 of the ESA with respect to Blanding’s Turtle.

The government response statement will be considered before a decision to issue an overall benefit permit.

A copy of the government response statement for Blanding’s Turtle is available at: Blanding’s Turtle government response statement | ontario.ca

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.

More information on species at risk overall benefit permits.