NextBridge Infrastructure LP - Permit for activities to achieve an overall benefit to a species

Ontario is committed to providing stringent protections for species at risk, while providing reliable energy supply for economic development and growth in northwestern Ontario.

December 19, 2019, the Ministry of the Environment, Conservation and Parks issued a permit to Upper Canada Transmission, Inc. on behalf of NextBridge Infrastructure  LP (“NextBridge”), with respect to Caribou (Boreal population) (“caribou”) and Little Brown Myotis, Northern Myotis and Eastern Small-footed Myotis (“SAR bats”), so it can construct an approximately 450-kilometer transmission line between Thunder Bay and Wawa to help meet future energy demand in the region.

NextBridge’s permit includes several conditions intended to minimize impacts to caribou and SAR bats, as well as create benefits for these species at risk and their habitats.

The permit was issued under subsection 17(1) [relying on the tests in clause 17(2)(c)] of the Endangered Species Act, 2007.  The construction activity may:

• adversely affect caribou and SAR bats
• impact 112.6 ha of Category 1 caribou habitat (i.e. nursery and wintering habitat) as described in the General Habitat Description for the Forest-dwelling Woodland Caribou (Rangifer tarandus caribou), on the mainland portion of the Lake Superior Coast Range (the “Range”); this is habitat that is considered to have the lowest tolerance to alteration, and supports year-round use
• impact 111.9 ha of Category 2 caribou habitat (i.e. seasonal ranges); Category 2 caribou habitat and is considered to have a moderate tolerance to alteration
• impact 190.4 ha of Category 3 caribou habitat (i.e. remaining areas within the Range); this is habitat that is considered to have the highest tolerance to alteration
• damage or destroy 9.58 hectares of habitat of SAR bats

The permit requires NextBridge to undertake measures that will:

• minimize adverse effects to the species
• achieve an overall benefit to the species within reasonable timeframe

Steps to minimize adverse effects

The permit requires NextBridge to minimize adverse effects on caribou and their habitats, with the following conditions:

• adjusting activity timing to avoid periods when the species is present or sensitive to disturbance (e.g., during nursery period)
• where appropriate, applying the Best Management Practices for Renewable Energy, Energy Infrastructure and Energy Transmission Activities and Woodland Caribou in Ontario to all project activities.
• minimizing sensory disturbances during construction (e.g., equipment noise and emissions)
• designing and constructing linear features (e.g., roads) to decrease predator efficiency (i.e., retain vegetation under 2 m, switch backs and bends in temporary road construction)
• delivering wildlife awareness training, including caribou awareness orientation/education programs, to field staff
• effectiveness monitoring of caribou mitigation actions including:
  • conducting winter aerial surveys between February 1st and March 15th of the first year of construction, and years five and 10 post-construction to determine presence, location, and behaviour of caribou, alternate prey (i.e., moose, deer) and predators (i.e., wolves)
  • establishing Permanent Survey Stations, consisting of remote camera traps at specified locations throughout the Range, with specific focus on the Nursery Habitat and Winter Use Habitat to determine use by caribou, predators and alternate prey
  • maintaining equipment at all Permanent Survey Stations from the time the Permanent Survey Stations are established through to five years post-construction; and information will be collected and/or downloaded once every three months
  • inspecting all temporary disturbed areas (e.g., access roads, work camps, laydown areas, etc.) on the site where restoration activities were carried out during the first two years after the completion of these activities

The permit requires NextBridge to minimize adverse effects on SAR bats and their habitats, with the following conditions:

• educating all on-site personnel on the species and what to do if one is encountered
• adjusting activity timing to avoid periods when the species is present or sensitive to disturbance (e.g., during the maternity period)
• minimizing vegetation clearing and construction within 200 m of bat hibernacula; retaining compatible vegetation and using hand felling when possible
• avoiding activities within 200 m of a potential hibernation site during the hibernation period (September 1st to May 30th), where possible
• minimizing the use of explosives, where possible
• utilizing existing roads and trails to the extent possible

• ceasing all activities within 200 m of a newly encountered hibernaculum and contact the ministry within one business day to receive further direction

• reclaiming temporary disturbance areas outside of the right-of-way as soon as possible after completion of the construction activity in the area
• ensuring noise reduction, emission and pollution control equipment or machinery is in place, properly maintained and in good working order
• effectiveness monitoring of mitigation actions for SAR bats include:
  • monitoring and recording information on the four hibernacula during construction Workfront 6
  • monitoring and recording information on the area within 200 metres of the entrance to the two known hibernacula identified in the permit during construction and upon completion of the Project each year between August 15 and October during the first two years post-completion

Actions to achieve an overall benefit to species

The permit requires NextBridge to achieve an overall benefit for the species within a reasonable timeframe.

Overall benefit actions for caribou include:

• preparing and submitting for ministry approval by December 15, 2020 a Caribou Transfer Strategy, outlining details of when, where, and how caribou will be transferred
• implementing the Caribou Transfer Strategy immediately following approval or as otherwise acceptable by the ministry
• at a minimum the Caribou Transfer Strategy will include the following:
  • a detailed description of the area from which caribou will be captured (the “Capture Area”)
  • details regarding monitoring of caribou in the Capture Area, for the purpose of determining the population size, sex and health and when transfers are necessary.
  • a detailed description of the area to which the caribou will be transferred (the “Transfer Area”). The Transfer Area must meet the following criteria:
    • is not the same area as the Capture Area
    • is Michipicoten Island Provincial Park, Slate Islands Provincial Park, or another area where there is potential for the transferred caribou to contribute to the overall caribou population and recovery within the Range
    • provides sufficient habitat with the potential to support a viable population over a 20-30 year timeframe and includes nursery and winter use habitat
    • is free of natural predators for caribou at the time of the transfer;
  • a description of the methodology to be used to capture caribou at the Capture Area, transfer, and release caribou at the Transfer Area
  • a thorough an Animal Capture, Handling and Transport Protocol, approved by an Animal Care and Use Committee recognized by the Canadian Council on Animal Care and the Ontario Ministry of Agriculture, Food and Rural Affairs
  • a monitoring strategy for any transferred Caribou, including use of GPS collars and trail cameras to monitor caribou population and the arrival of predators at the Transfer Area.

Overall benefit actions for SAR bats include:

• installing bat gates at two suitable hibernaculum by July 31, 2021 or as otherwise acceptable to the ministry
• creating/restoring/enhancing a minimum of 13.38 hectares of woodland habitat for SAR bats, located in southern Ontario where land is disturbed and in close proximity to wetlands/watercourses;
• installing artificial roost structures comprised of four bat boxes, five rocket boxes, and four bark poles, within the restored/created or enhanced habitat
• establishing six rock piles in the transmission line right-of-way, for the purpose of creating potential maternity habitat for Eastern Small-footed Myotis.

The action of creating and implementing a Caribou Transfer Strategy will contribute to overall benefit to the species by establishing or enhancing the caribou population, contributing to the overall security of the population within the Range, within a reasonable timeframe.

The creation of SAR bat roosting and foraging habitat both within the project right-of-way elsewhere in Southern Ontario will provide a benefit to SAR bats by creating habitat on a landscape where maternity roosting and foraging habitat is more limited creating overall increase in available habitat.

Government Response Statements for Caribou (Boreal population), and Eastern Small-footed Myotis

We have published a Government Response Statement (GRS) under subsection 11(8) of the Endangered Species Act, 2007 with respect to caribou and Eastern Small-footed Myotis. You can access the statement through the ministry’s website found in the related links. A GRS does not exist for Little Brown Myotis or Northern Myotis.

The minister considered both GRSs in in reaching a decision regarding the permit. The following requirements of the permit are consistent with or advance objectives of those GRSs:

• the transfer of caribou transfer to provide for viable populations on multiple locations within the Range supports the management direction outlined in the GRS for caribou of providing population security and persistence within the Range
• gating a hibernaculum to restrict access for the purpose of reducing the spread of the fungus responsible for causing white nose syndrome supports an object of the GRS for Eastern Small-footed Myotis. The creation of additional woodland habitat, and the installation of artificial roost structures and rock piles improves the availability of roosting and foraging habitat in Ontario also consistent with that GRS.

Other information

Other alternatives that would not adversely affect caribou and SAR bats were considered. These included range of alternatives considered in the course of the individual environmental assessment for the Project under the Environmental Assessment Act, which included:  a “do nothing” alternative, using a number of potential existing corridors to avoid new greenfield routes, alternative route segments, local route refinements, alternative siting of transmission structures, alternative transmission structure types, alternative access and construction plans, alternative siting of laydown yards and construction camps.

In the course of developing the proposed ESA permit conditions, the Ministry also considered a number of alternatives, including:

For caribou:

• conducting activities outside of sensitive time periods; Nursery areas - May 1 to July 14 (very low tolerance) and July 15 to September 15 (low tolerance); Winter use areas – December 1 to March 31
• re-routing segments to avoid Category 1 caribou habitat.

The best alternative for caribou was adopted, which is to avoid conducting activities within 10 km of the Category 1 nursery habitat during the sensitive period.

For SAR bats:

• developing alternative route segments to deviate at least 400 m around SAR bat hibernaculum.

The best alternative for SAR bats was adopted, which was is to conduct clearing activities outside of the maternity roosting restricted activity period (May 15 – August 31) and partial compliance of the hibernacula restricted activity period (September 1 to May 30), and no closer than 200m to a hibernaculum.