Town of LaSalle - Permit for activities to achieve an overall benefit to a species

The Town of LaSalle is seeking an overall benefit permit to develop two lots south of 6625 Malden Road, located between Hollinger Avenue to the north, and Bouffard Road to the south, in the Town of LaSalle.

The permit will authorize the Town to:

• impact Eastern Foxsnake (Carolinian population)
• damage and destroy up to 0.174 hectares of habitat for Eastern Foxsnake (Carolinian population)
• impact up to 83 Dense Blazing Star plants
• damage and destroy up to 0.174 hectares of habitat for Dense Blazing Star plants

Eastern Foxsnake (Carolinian population) is listed on the Species at Risk in Ontario list, under O. Reg. 230/08 of the Endangered Species Act as endangered, while Dense Blazing Star is listed as threatened.

Sections 9 and 10 of the Endangered Species 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 extirpated, endangered or threatened.

Under clause 17(2)(c) of the Endangered Species Act, 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:

• 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 Endangered Species Act involves 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

The Town of LaSalle is seeking ways to provide an overall benefit to Eastern Foxsnake (Carolinian population) and Dense Blazing Star. These may involve:

• creating a 0.56 ha Species at Risk Management Area at a nearby conservation area (e.g., Reaume Prairie) that will be managed and enhanced to provide preferred conditions for Dense Blazing Star, Eastern Foxsnake and other rare prairie species by actions such as:
  • removing woody vegetation
  • increasing the amount of open prairie habitat
  • invasive species management
  • creating key snake habitat features (e.g., potential nesting site)
  • planting Dense Blazing Star
  • performing effectiveness monitoring of the overall management area for five years as well as inspecting the site for incompatible uses and taking corrective actions

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

• enhancing habitat and creating key habitat features for nesting, basking and foraging for Eastern Foxsnake
• increasing the overall number of Dense Blazing Star on the landscape

Reasonable alternatives being considered

The Town of LaSalle has explored alternatives, including alternatives that would not adversely affect Eastern Foxsnake (Carolinian population) and Dense Blazing Star and their habitat. These include:

• not proceeding with the proposed development
• developing the residential lots and creating and managing a nearby Species at Risk Management Area to significantly enhance habitat quality for Eastern Foxsnake and Dense Blazing Star

Actions to minimize negative effects to the species

The Town of LaSalle is seeking ways to minimize adverse effects on Eastern Foxsnake (Carolinian population) and Dense Blazing Star and their habitat. These may include:

• retaining a Qualified Professional to oversee that the proposed permit conditions and mitigation measures are properly implemented on the site
• providing Species at Risk education and awareness training to all construction personnel working on site, including a protocol for snake incidental encounters
• installing snake exclusionary fencing around the perimeter of the site to prevent Eastern Foxsnake from entering the site after their hibernation periods
• during site preparation and construction, the exclusionary fencing will be inspected weekly for and any gaps and if needed will be immediately repaired
• performing vegetation clearing after snake hibernation periods
• as soon as snakes become active in the year that construction takes place, a qualified individual will search the construction area to ensure that no Eastern Foxsnakes are present
• in the event that Eastern Foxsnakes are encountered in the construction area, no work should be done within 30 m of the species until it either leaves the area or is removed by qualified staff
• excavating Dense Blazing Star, ideally during their dormant period, with accessory soils from the lots and transplanting them to appropriate off-site microhabitats
• monitoring, and watering when required, the transplanted Dense Blazing Star for the two growing seasons following transplanting
• after construction, providing residents in the area with information on species at risk snakes and their habitats to reduce potential for negative interactions
• installing fencing (e.g., chain link) along the rear and west lot boundaries with signage to discourage future encroachment into the remaining onsite habitat

Other information

The Province has published a government response statement under section 12.1 of the Endangered Species Act with respect to Eastern Foxsnake (Carolinian population) and Dense Blazing Star. The government response statements will be considered before a decision to issue an overall benefit permit.

A copy of the government response statement for Eastern Foxsnake is available at: https://www.ontario.ca/page/eastern-foxsnake-government-response-statement

A copy of the government response statement for Dense Blazing Star is available at: https://www.ontario.ca/page/dense-blazing-star-government-response-statement

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 Endangered Species Act have been satisfied.