Richcraft Homes Ltd. - Permit for activities to achieve an overall benefit to a species

Richcraft Homes Ltd. is seeking an overall benefit permit for the construction of the second phase of a subdivision in Ottawa.

The proposal may adversely impact:

• Blanding’s Turtle individuals
• approximately 24 hectares of Category 3 Blanding’s Turtle habitat
• Butternut individuals (kill nine and harm 11 Category 3 trees, and kill 21 and harm nine Category 2 trees)
• approximately 9.5 hectares of Butternut habitat

The main threats to Blanding’s Turtle are loss or fragmentation of habitat, motor vehicles, and raccoons and foxes that prey on eggs. Blanding’s Turtle are generally threatened by habitat loss and degradation caused by urban and agricultural development.

A General Habitat Description provides a framework for identifying areas of habitat that may be able to tolerate alterations, based on how Blanding’s Turtles use the area to carry out their life functions. For Blanding’s Turtles:

• Category 1 Habitat is considered to have a low tolerance to alteration, and includes habitat features used nesting and overwintering sites.
• Category 2 Habitat is considered to have a moderate tolerance to alteration and includes wetland complexes.
• Category 3 Habitat is considered to have a high tolerance to alteration and include movement corridors around the wetland complexes.

The main threat to the survival of Butternut trees is Butternut Canker, a disease affecting most Butternut trees across the province. Butternut Canker appears to affect Butternut trees to various degrees based on a supposed genetic resistance to the Canker. For this reason, the O. Reg. 242/08 requires Butternut Health Assessments to be undertaken to determine the individual health of each tree. As such, Butternuts are categorized by their health as follows:

• Category 1 (“non-retainable”): A Butternut tree that is affected by Butternut Canker to such an advanced degree that retaining the tree would not support the protection or recovery of Butternuts in the area in which the tree is located
• Category 2 (“retainable”): A Butternut tree that is either not affected by Butternut Canker, or only affected to a degree to which retaining the tree could support the protection or recovery of Butternuts in the area in which the tree is located.
• Category 3 (“archivable”): A Butternut tree that is unaffected by Butternut Canker and may be useful in determining sources of resistance to the disease.

Protecting species under the Endangered Species Act

Sections 9 and 10 of the Endangered Species Act (ESA) 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 either:

• extirpated
• endangered
• threatened

Blanding’s Turtle is listed as threatened and Butternut is listed as endangered, therefore, they are protected.

Under clause 17(2)(c) of the ESA, the Minister of the Environment, Conservation and Parks 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 the minister believes that:

• 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"
• 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

Richcraft Homes Ltd. is working to identify actions that would achieve an overall benefit for Blanding’s Turtle, which may involve:

• constructing two new wetlands within the Carp River floodplain/meander belt corridor (0.5 hectares of shallow hemi-marsh habitat and 0.5 hectares of deep pool habitat) to function as Category 2 and Category 1 habitats
• installing permanent exclusion fencing which will close an existing gap in the fencing along Terry Fox Drive thereby reducing the risk of turtle road deaths.

These proposed actions are expected to achieve overall benefits for Blanding’s Turtle, resulting in:

• an increase in suitable Category 1 and Category 2 habitats at the site
• a reduction in the risk of turtle road deaths along Terry Fox Drive

Richcraft Homes Ltd. is working to identify actions that would achieve an overall benefit for Butternut, which may involve:

• archiving and collecting scions from nine Butternut
• working with a local stewardship program to produce and distribute 1417 Butternut seedlings to be planted.

These proposed actions are expected to achieve overall benefits for Butternut, resulting in:

• identifying, grafting and maintaining potentially canker-resistant individuals to contribute to a breeding program and species recovery
• an increase in the number of Butternut in Ontario

Reasonable alternatives being considered

Richcraft Homes Ltd. has explored a range of alternatives, including alternatives that would not adversely affect Blanding’s Turtle, Butternut and their respective habitats. These include:

• not proceeding with the proposed Kanata Highlands Phase 2 Subdivision project
• proceeding with a development plan that avoids all Blanding’s Turtle and Butternut habitat
• proceeding with a development plan whereby a 45-metre wide Blanding’s Turtle movement corridor is not retained including the seven Category 3 Butternut trees and associated Butternut habitat found within the movement corridor
• proceeding with a development plan whereby a 45-metre wide Blanding’s Turtle movement corridor is retained
• including the seven Category 3 Butternut trees and associated Butternut habitat found within the movement corridor

Richcraft Homes Ltd. has concluded that the best alternative includes proceeding with a modified development plan whereby a 45-metre wide Blanding’s Turtle movement corridor is retained including the seven Category 3 Butternut trees and associated Butternut habitat found within the movement corridor. They identified this design alternative provides a balance between achieving the objective of constructing a new phase of a subdivision and limiting the adverse effects to Butternut and Blanding’s Turtle.

Actions to minimize negative effects to the species

Richcraft Homes Ltd. is seeking ways to minimize adverse effects on Blanding’s Turtle and its habitat. These may include:

• retaining a total of 29.4 hectares of habitat at the site consisting of approximately 23 hectares of Category 3 habitat and approximately 6.4 hectares of Category 2 and potential Category 1 habitat
• avoiding all areas of Category 2 and potential Category 1 Blanding’s Turtle habitat
• retaining a 45-metre wide Blanding’s Turtle movement corridor in the central part of the site and installing wildlife passage culvert(s) to facilitate movement between the Carp River and retained habitats north of the site
• installing temporary exclusion fencing before the Blanding’s Turtle active season to prevent turtles from entering the development area
• installing permanent exclusion fencing to prevent Blanding’s Turtle from accessing the subdivision
• providing homeowner awareness and education packages to educate new homeowners at the site on the presence of the species and what to do if they observe one
• developing and adhering to a spill response plan
• adhering to a clean equipment protocol to prevent the spread of invasive species
• adhering to a species at risk encounter protocol
• installing public information signs about the species along newly constructed recreational trails and municipal park blocks at the site
• decommissioning drainage channels after July 1 to avoid in-water work
• ensuring that all site works receive species awareness training before starting work on the site
• using Qualified Professionals to oversee and undertake important aspects of the permit

Richcraft Homes Ltd. is seeking ways to minimize adverse effects on Butternut and its habitat. These may include:

• avoiding development within 25 metres of two Category 2 Butternut trees and six Category 3 Butternut trees within the site
• ensuring that all site works receive species awareness training before starting work on the site
• marking Butternut trees to be retained to avoid accidental harming or killing of individuals during site activities
• marking the edge of the tree clearing area to ensure only designated trees are removed
• ensuring that the critical root zone of retained Butternut is protected
• ensuring that exhaust fumes from all equipment are directed away from tree canopy
• replacing disturbed areas of retained natural features with locally grown native species
• providing homeowner awareness and education packages to educate new homeowners at the site on the presence of the species and what to do if they observe one
• adhering to a clean equipment protocol to prevent the spread of invasive species
• installing public information signs about the species along newly constructed recreational trails and municipal park blocks at the site

Other information

The Province has published a government response statement under section 12.1 of the Endangered Species Act, 2007 with respect to Blanding’s Turtle and Butternut.

A copy of the government response statement for Blanding's Turtle is available at: https://www.ontario.ca/page/blandings-turtle-government-response-statement.

A copy of the government response statement for Butternut is available at: https://www.ontario.ca/page/butternut-government-response-statement.

These response statements will be considered in:

• determining whether or not to approve the permit
• developing any future permit conditions

Posting this proposal on the Environmental Registry does not imply that the Minister 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.