LTM Land Corp. and Private Landowners - Permit for activities to achieve an overall benefit to a species

LTM Land Corp. and Private Landowners, collectively the “Proponent”, are seeking an overall benefit permit for the development of a subdivision at 1225,1261, and 1289 Parkhill Road West, Peterborough, Ontario.

The permit may adversely impact:

• Least Bittern individuals
• 2.75 hectares of Least Bittern habitat

Protecting species under the Endangered Species Act

The Ontario government is committed to protecting species at risk and providing strong environmental oversight, while working to support development opportunities in the province.

Ontario protects species at risk and their habitats under the Endangered Species Act (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

Least Bittern is listed on the Species at Risk in Ontario list, under O. Reg. 230/08 of the Endangered Species Act, 2007, as threatened.

The main threat to Least Bittern is destruction of its wetland habitat.

Serious threats include:

• shoreline development
• wetland loss and drainage
• invasive species

Under clause 17(2)(c) of the Endangered Species Act, 2007 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 proponent is seeking ways to provide an overall benefit to Least Bittern. These may involve:

• performing education and outreach to increase public awareness of Least Bittern and wetland habitat
• creating a 2.99 hectare buffer with native pant species adjacent to Loggerhead Marsh (e.g., on northwest portion of identified “Cell C” area) that is currently actively farmed
• creating a new 0.09 hectare wetland channel and ponded area within Loggerhead Marsh to diversify habitat for Least Bittern with a larger open water area, which:
  • increases foraging opportunities and functions outside of the nearby stormwater ponds where water levels fluctuate suddenly and where water can be turbid
• monitoring the buffer and new wetland channel for five years post construction and performing Least Bittern surveys to determine effectiveness and use

The proposed beneficial activities are expected to achieve overall benefits for Least Bittern, resulting in a vegetative buffer where one did not exist before. The buffer will:

• • contribute to improving water
  • act as a physical barrier to help protect the species and increasing open water habitat

Reasonable alternatives being considered

The proponent has explored alternatives, including alternatives that would not adversely affect Least Bittern trees and their habitat. These include:

• do nothing (no development to take place and no impact to habitat)
• proceed with development as per the original draft plan of subdivision (October 2012)
• proceed with development as per the most recent draft plan of subdivision (September 2017)

The proponent has concluded that the best and preferred alternative is to proceed with development as per the most recent draft plan of subdivision. This option includes:

• a reduction in the sizes of lots and stormwater ponds to prevent the loss of wetland habitat
• enhanced vegetative buffer (i.e. screen of trees and shrubs) where active farming is currently occurring

Additionally, design changes for stormwater and roads have been incorporated to reduce impacts to wetland habitat.

Actions to minimize negative effects to the species

The proponent is seeking ways to minimize adverse effects on Least Bittern trees and their habitat. These may include:

• completing works within habitat (e.g. site preparation, vegetation removal, grading, etc.) outside of the Least Bittern sensitive timing window which is May 1 to September 15; although house building may occur within the timing window
• ensuring that house construction begins at the 150 m boundary, moving south, with limited construction activity near the wetland during the sensitive timing window for the species
• installing temporary, then permanent fence along the northern buffer of Loggerhead Marsh
• ensuring a minimum 37 m buffer (e.g. densely screened plantings of native trees and shrubs) is established adjacent to Loggerhead Marsh
• clearly defining the buffer area to be planted before work begins
• creating a landscaping plan for the stormwater management pond and adjacent buffer
• not creating trails (recreational or other) in the Loggerhead Marsh or the 150 m buffer area adjacent to the wetland
• ensuring appropriate sediment and erosion control measures are in place
• providing on-site personnel awareness material about Least Bittern and habitat
• using qualified professionals to carry out and monitor the various stages of work including sediment and erosion control

Other information

The Province has published a government response statement under section 12.1 of the Endangered Species Act, 2007 with respect to Least Bittern.

The government response statement will be considered before a decision to issue an overall benefit permit.

A copy of the government response statement for Least Bittern is available at: King Rail and Least Bittern government response statement | Ontario.ca

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, 2007 have been satisfied.

More information on Species at risk overall benefit permits