Fleur de Cap Development Inc. - Permit for activities to achieve an overall benefit to a species

Fleur de Cap Development Inc. is seeking an overall benefit permit for the development of mixed use employment, roads, and stormwater management infrastructure.

The proposal may adversely impact Redside Dace habitat, including:

• approximately 0.57 hectares of wetland habitat
• 987 metres of headwater drainage habitat features
• 0.17 hectares of groundwater discharge areas

Protecting species under the Endangered Species Act

Ontario provides protections for species at risk and their habitats under the Endangered Species Act, 2007 (ESA).

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 Species at Risk in Ontario List as either:

• extirpated
• endangered
• threatened

Redside Dace is listed as endangered and is therefore 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 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

Fleur de Cap Development Inc. is identifying actions that would achieve an overall benefit for the species, which may involve:

• creating 1.30 hectares of wetlands and a 1.06 hectare natural heritage system (with 0.40 hectares of wetland and 0.66 hectares of surrounding native shrub and tree plantings) that will improve Redside Dace habitat quality by:
  • providing nutrients and organic material supplies for Redside Dace
  • reducing the input of total suspended solids and road salt contributions from entering adjacent water bodies
  • supplying clean roof (surface) water contributions to adjacent water bodies.
• extending baseflow contributions to the created wetlands by:
  • installing an on-site clear water collector unit to release water downstream in a slow and measured rate
  • ensuring outflows from a downstream storm water management pond are released in a slow and measured rate. ​​​​
• improving cool water conditions for Redside Dace habitat by:
  • establishing on-site native shrubs and trees that will surround the created wetlands and existing watercourses to provide shading and thermal cooling of Redside Dace contributing habitat
  • feeding the created wetlands through clean water collector pipes that flow underground and infiltrating the first 10 mm of rain
  • incorporating thermal cooling as part of the design of a stormwater management pond
• improving the coarse sediment supply to downstream reaches of Redside Dace habitat by depositing alluvium at the outlets of specific reaches on the subject lands
• ending the on-site agricultural activities that occur within the subject lands.

Reasonable alternatives being considered

Fleur de Cap Development Inc. has considered alternatives, including alternatives that would not adversely affect Redside Dace and its habitat. These include:

• not proceeding with the site development;
• proceeding with the site development while maintaining a natural heritage system buffer to preserve a portion of Redside Dace contributing habitat at the site

Fleur de Cap Development Inc. has concluded that the best alternative includes proceeding with site development while maintaining a natural heritage system buffer to preserve a portion of Redside Dace contributing habitat. They identified the design alternative meets their objective of developing mixed use employment lands, associated roads and stormwater management infrastructure while limiting the adverse effects to Redside Dace and its habitat.

Actions to minimize negative effects to the species

Fleur de Cap Development Inc. is looking for ways to minimize adverse effects on Redside Dace and its habitat. These may include:

• installing sediment and erosion control measures to prevent harmful effects to water quality and natural areas
• ensuring proper use of machinery, including performing equipment maintenance away from water bodies
• undertaking works at a time of year when Redside Dace are less sensitive to disturbance (e.g., July 1 to September 15 in-water timing window)
• using infiltration techniques to hold back the first 10 mm of precipitation on the development site to mitigate temperature and intensity of surface water flows to adjacent tributary
• directing a portion of the stormwater runoff to a downstream storm water management pond that will be designed in  accordance with the Guidance for Development Activities in Redside Dace Protected Habitat

Other information

The Province has published a government response statement under subsection 12.1 of the Endangered Species Act, 2007 about Redside Dace. The ministry will consider the response statement before a decision to issue an overall benefit permit.

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 Act , have been satisfied.