CRH Canada Group Inc. - Permit for activities to achieve an overall benefit to a species and/or to pay a species conservation charge (ESA s.17(2) (c))

Description

Dufferin Aggregates has applied for a permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) to damage and destroy 21.8 hectares Jefferson Salamander habitat in order to undertake aggregate extraction within a licenced quarry under the Aggregate Resources Act in the Town of Halton Hills.

Purpose of the notice

The purpose of this notice is to ensure that the public is made aware of, and given an opportunity to comment on, the ESA permit application to damage and destroy Jefferson Salamander habitat associated with the extraction of aggregates from the Acton Quarry Extension Lands. The proposed permit would be issued under clause 17(2)(c) of the ESA.

Other information

The proposal has the potential to adversely affect Jefferson Salamander and its habitat. The proposed permit conditions would provide benefits that exceed the adverse effects on Jefferson Salamander.

Jefferson Salamander is listed on the Species at Risk in Ontario (SARO) List, in Ontario Regulation 230/08 of the ESA, as endangered.

Habitat protection under subsection 10(1) and species protection under subsection 9(1) of the ESA applies to Jefferson Salamander.

The Minister may issue a permit under clause 17(2)(c) of the ESA that authorizes a person to engage in an activity that would otherwise be prohibited by sections 9 or 10 of the ESA if the Minister is of the opinion that:

1. an overall benefit to the species will be achieved within a reasonable time through the conditions of the permit;
2. reasonable alternatives have been considered, including alternatives that would not negatively affect the species, and the best alternative has been adopted; and,
3. 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 involves undertaking actions to improve circumstances for the species in Ontario. Overall benefit is more than “no net loss” or an exchange of “like for like”. Overall benefit is grounded in the protection and recovery of the species at risk and must include more than mitigation measures or “replacing” what is lost.

The Proponent has explored reasonable alternatives to the proposed works, including alternatives that would not adversely affect the species or its habitat, including:

• Not proceeding with the proposed aggregate expansion project; or
• Reducing the area of originally proposed impact.

The current alternative, which has been proposed, includes altering original project design to reduce the area of regulated habitat impact from 46.6 hectares to 21.8 hectares.

The Proponent has sought out ways to minimize adverse effects on Jefferson Salamander and its habitat, such as:

• Installation of temporary exclusion fencing prior to the project commencing;
• Ensuring measures are implemented to rescue and relocate Jefferson Salamander should they be encountered during the project activities;
• Providing species at risk awareness bulletins provided to on-site personnel prior to commencing construction/servicing activities;
• Designing and constructing water management systems needed for the aggregate quarry in an a manner that will avoid or limit impacts to the Jefferson Salamanders;
• Implementing measures to maintain groundwater levels at the project site to negate impacts to Jefferson Salamander breeding pools.
• Timing activities to minimize adverse impacts on the species (e.g. avoiding the breeding season)

The Proponent has identified possible actions to achieve an overall benefit for Jefferson Salamander, such as:

• Creating approximately 12.5 ha of new woodlands adjacent to known Jefferson Salamander breeding ponds to create a suitable terrestrial habitat to facilitate dispersal, foraging and over-wintering of the Jefferson Salamanders;
• Undertaking active management of approximately 17 ha of existing forested habitat adjacent to known breeding ponds to control and reduce the spread of invasive species and promote natural succession of these lands to a mature, native forest which will provide dispersal, foraging and over-wintering of the Jefferson Salamanders.

Please note that the posting of this proposal on the Environmental Registry does not imply that a permit will be approved; a permit may only be issued where the legal requirements set out in clause 17(2)(c) of the ESA have been satisfied.

The following web-links provide additional information.

MNRF’s Species at Risk website

http://www.ontario.ca/speciesatrisk

Endangered Species Act, 2007

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_07e06_e.htm

Species at Risk in Ontario (SARO) List, Ontario Regulation 230/08

http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_080230_e.htm

General regulations and species-specific habitat regulations under the ESA, Ontario Regulation 242/08

http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_080242_e.htm

Individuals who wish to view additional information on this overall benefit permit may visit MNRF’s ESA Authorization Tracker website, where information about this permit may be updated periodically.

http://www.ontario.ca/speciesatrisk