Piroli Construction Inc. - Permit for activities to achieve an overall benefit to a species

Piroli Construction Inc. is seeking an overall benefit permit (AY-C-002-19) from the Ministry of the Environment, Conservation and Parks (the ministry) to damage 0.19 ha and destroy 0.31 ha of habitat for Butler's Gartersnake and Eastern Foxsnake-Carolinian population in order to complete Phase 2 (i.e. the construction of above-ground parking) of their multi-unit residential development project at 850 Wyandotte Street West in Windsor.

Butler's Gartersnake and Eastern Foxsnake-Carolinian Population are listed on the Species at Risk in Ontario (SARO) list, under 0. Reg. 230/08 of the ESA, as endangered.

Habitat loss and fragmentation are the most significant threats to the protection and recovery of Butler's Garternake and Eastern Foxsnake in Ontario.

Sections 9 and 10 of the ESA provide protection for individual members of a species and their habitat if that species is listed on the SARO list as extirpated, endangered or threatened.

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 ESA 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 ESA involves improving circumstances for the species in Ontario.Overall benefit is more than "no net loss" or an exchange of "like for like".Overall benefit means the protection and recovery of the species at risk and must include more than mitigation measures or "replacing" what is lost.

Piroli Construction Inc. has explored reasonable alternatives, including alternatives that would not adversely affect Butler's Gartersnake and Eastern Foxsnake-Carolinian Population, including:

• not developing above ground parking

The best alternative that would allow the client to construct the parking lot as planned involves reducing the area of habitat impacted by above ground parking from 0.38 ha to 0.31 and taking steps to minimize adverse effects and provide an overall benefit for Butler's Gartersnake and Eastern Foxsnake-Carolinian Population.

Piroli Construction Inc. is seeking ways to minimize adverse effects on the Butler's Gartersnake and Eastern Foxsnake-Carolinian Population such as:

• excluding the Butler's Gartersnake and Eastern Foxsnake-Carolinian Population from the site during construction
• undertaking targeted salvage at the site to capture and relocate any Butler's Gartersnake and Eastern Foxsnake-Carolinian population found at the site prior to commencing construction of the parking lot
• providing contractors with education on how to identify the Butler's Gartersnake and Eastern Foxsnake-Carolinian population what steps to take should they be encountered at the site
• constructing a permanent exclusion fence to prevent the Butler's Gartersnake and Eastern Foxsnake-Carolinian population from entering the parking lot once construction is complete

Piroli Construction Inc. is working with the Ministry to identify actions that would achieve an overall benefit for Butler's Gartersnake and Eastern Foxsnake-Carolinian population, which may involve:

• restoring 0.22 ha of habitat on the eastern portion of the site with native tallgrass prairie plant species
• enhancing this habitat by creating hibernation and backing features within it
• partnering with a local conservation agency to identify road mortality hot spots for Butler's Gartersnake and Eastern Foxsnake-Carolinian population and install ecopassages to mitigate an existing threat to the species
• partnering with a local conservation agency to enhance 2.71 ha of existing habitat for the Butler's Gartersnake and Eastern Foxsnake-Carolinian population by removing invasive vegetation,plating native species and promoting the return of tallgrass prairie
• promoting public education and awareness by posting signage at the site and distributing pamphlets to residents of the residential development

We have published a government response statement under subsection 11(8) of the ESA for Eastern Foxsnake. The response statement will be considered before a decision to issue an overall benefit permit.

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.