Zeljko Romic Senior Program…

Zeljko Romic
Senior Program Support Coordinator
Ministry of the Environment, Conservation and Parks
Environmental Assessment and Permissions Division
Client Services and Permissions Branch
135 St. Clair avenue West 1st Floor
Toronto Ontario
M4V 1P5

November 20, 2018

Re: 013-3835 New Regulation under the EPA to close White Pines Wind Project

This proposed regulation intends to instruct wpd to:

• dismantle and/or remove equipment safely and securely
• restore lands impacted by the project
• take precautions to avoid impacts on the Blanding's turtle

The Prince Edward County Field Naturalists, who have been active in protecting the endangered Blanding’s turtle on the South Shore of PEC, have been following the White Pines wind project since its original proposal for 29 turbine sites in 2011.

We note that this new regulation is based on the original study by Stantec and suffers from the same errors in judgement.

For instance:
9.2. That protection is needed for only the isolated spots that Blanding’s turtle uses for overwintering, spring forage, and nesting while ignoring the 6k travelling area between and around those spots the turtle uses to complete its annual life process.
It is the historic isolation of the South Shore and subsequent low level of traffic that has allowed this turtle species to thrive. As it does not reach reproductive maturity until it is 20 or 25 years old the preservation of every individual from mortality is crucial to its survival. It was this fact that caused two Provincial Tribunal decisions to cancel the access roads of proposed industrial turbine projects. (Ostrander Point and White Pines)
In Sections 4-7 there are numerous clauses that state if a prior agreement exists between the landowner and the company, decommissioning restoration will not occur.
For instance 5.2.2. “ Section 5.2.1 does not apply in respect of a portion of agricultural lands on which the landowner has agreed to retain all or a portion of a crane pad, foundation or access road.”
The company should not be allowed to offload its responsibilities to unaccountable landowners.

9.2. c) (i) that acceptance of a company claim that their construction work schedule is ‘unavoidable’ is legally permissible;

9.10 – 9.14 that landowners will adhere to an agreement to install and maintain gates on access roads as well as speed limits, daylight hours and signage etc.;

10.8 and 5.1.1. a) that the trees and other natural features destroyed along Royal Road and Maypul Lane during construction or widening access roads for the project will not be restored.

The closure of the White Pines Wind Project should be accomplished during the period when the Blanding’s Turtle is in its overwintering ponds. And it should be overseen by MNRF staff and County representatives on the ground to make sure that the restoration along the roads is complete and does not cause more destruction of natural features.