[All] regarding Mayor's comments re: Jeffersons

Sun Sep 20 19:36:09 EDT 2009

Hello everyone

At this time there is no reasonable data available to predicate either the location of Jeffersons or the required bufferzone needed to secure their habitats. The previous testing has been recognized as insufficient, new testing is already mandated. 

These animals can travel up to 2.5 km and they are loyal to the pond of their birth. Road networks, salt infiltration, any change to the hydrogeologic system in any way may very well impact habiat for these animals.

For the mayor to assume there will be no impact to the existing forests or Jefferson habitat is premature to say the least. 

In regards to deer, if the meadows are gone, the deer will go into the wood, eat the young trees and strip the bark off the older one inhibiting the forest's ability to regenerate. That impacts habitat. 

Pileated woodpeckers are needed to support the habitats of Jefferson Salamanders. The woodpeckers help dying trees to fall on the forest floor faster creating habitats for the animals. Remove the birds, remove the habitat.

If coyotes are identified in the area they serve to protect the Jeffersons from over predation from raccoon, skunks and control deer populations. Remove the coyotes, it bumps up the predation for amphibians, low nesting birds and inhibits the forests ability to regenerate due to uncontrolled deer populations.  In order to protect the Jeffersons you must maintain the biodiversity of the area if they are to survive for the long term.

According to the new Ontario Endangered Species Act 2007, in terms of the Jefferson Salamander, species such as the coyote or pileated woodpecker are defined as "habitat" and are therefore protected. Here is the exact passage you can use to support this.

Endangered Species Act, 2007 
S.O. 2007, CHAPTER 6 

“habitat” means, 
(a) with respect to a species of animal, plant or other organism for which a regulation made under clause 55 (1) (a) is in force, the area prescribed by that regulation as the habitat of the species, or 
(b) with respect to any other species of animal, plant or other organism, an area on which the species depends, directly or indirectly, to carry on its life processes, including life processes such as reproduction, rearing, hibernation, migration or feeding, 
and includes places in the area described in clause (a) or (b), whichever is applicable, that are used by members of the species as dens, nests, hibernacula or other residences; (“habitat”) 

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_07e06_e.htm 

Based on the recent BC ruling the MNR cannot "reasonably" permit any land or water augmentation in the area unless they have first deliniated the habitat for this animal. That is not possible to do unless proper studies have been done. Here are the details on that court case. The same logic can be applied to the views of the city and MNR. 

http://www.cbc.ca/canada/british-columbia/story/2009/09/10/bc-nooksack-dace-supreme-court-ruling.html

In the attachments is the affidavit of Dr. Dean Fitzgerald as used during the West Side Lands OMB process. The affidavit shows the MNR was incapable of determining the suitable habitats of Jefferson Salamanders in the past due to lack of knowledge regarding the proper methodologies required to properly conduct studies for this specific species.

Other relevant legislation to protect this animal are: 

The Species At Risk Act 2002 
http://laws.justice.gc.ca/en/ShowFullDoc/cs/S-15.3//20090918/en 

The Fish and Wildlife Conservation Act 
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_97f41_e.htm

Lulu :0)

--- On Sun, 9/20/09, John Jackson <jjackson at web.ca> wrote:

From: John Jackson <jjackson at web.ca>
Subject: [All] FW: Hanlon Creek Business Park
To: "GREN" <all at gren.ca>
Received: Sunday, September 20, 2009, 5:56 PM

At our GREN meeting on Wednesday we had a presentation by those concerned about the Hanlon Creek proposal in Guelph. We decided to contribute towards a newspaper ad in the Guelph paper expressing concern – especially about the Jefferson Salamander.

The next day I met the Guelph Mayor at a meeting in Cambridge. I told her about the meeting the previous evening – not about the ad. She sent me the following message after that. Note especially her comments on the Jefferson Salamander in her 2nd blog.

Any comments would be appreciated.

John
-- 
John Jackson
17 Major Street
Kitchener, Ontario N2H 4R1
519-744-7503

------ Forwarded Message
From: Karen Farbridge <Karen.Farbridge at guelph.ca>
Date: Sun, 20 Sep 2009 16:20:31 -0400
To: John Jackson <jjackson at glu.org>
Subject: Hanlon Creek Business Park

Hello John, 

Nice to see you last week.  I hope the rest of the workshop went well. 

Thank you for your interest in seeing some information on the Hanlon Creek Business Park. 

The realization of this project has involved four terms of Council. While there were several decisions along the way, the final decision by Council to move forward on this project was made in 2006 when the OMB Minutes of Settlement were signed by all parties including the City of Guelph. That alone had a substantive public engagement process and our public process went beyond the minimum requirements of the Planning Act which is our usual practice. Since that time, city staff have moved forward to implement the direction of Council and the conditions of the OMB. To date, $20.5M has been committed with a further $12.5M committed through contractual obligations with two private developers who have partnered with the City. These developers have the legal right to move forward with the development of their property within conditions established by the City, OMB and other approval agencies. As well the City, developers and the Ministry of Transportation
 Ontario have entered into contractual obligations related to this project.

The $32M, referenced above, has been debt financed. The funding source for this investment is the sale of the lands. The revenue from the sale of the land will provide much needed capital funds and will release debt financing capacity for other important capital projects in the community.

A Public Liaison Committee was established through the OMB Minutes of Settlement to provide for continued public input during the development of the project. 

Probably the best thing to do to provide some additional details about the environmental protection, restoration and monitoring is to provide you with three links to postings on my blog.  There is a little overlap between the three postings.  While I do refer to the term "old growth forest", technically it is not.  However, it is a moot point as the heritage grove is being protected.

Of course there is substantially more written on the this issue and many technical reports available on line but you asked for a summary.  We continue to work with the GRCA and MNR to ensure we address any issues related to the Endangered Species Act.

http://mayorsblog.guelph.ca/2009/07/29/hanlon-creek-business-park-2/ <http://mayorsblog.guelph.ca/2009/07/29/hanlon-creek-business-park-2/> 
http://mayorsblog.guelph.ca/2009/08/07/myths-and-facts-about-hanlon-creek-business-park/ <http://mayorsblog.guelph.ca/2009/08/07/myths-and-facts-about-hanlon-creek-business-park/> 
http://mayorsblog.guelph.ca/2009/03/20/hanlon-creek-business-park/ <http://mayorsblog.guelph.ca/2009/03/20/hanlon-creek-business-park/> 

Regards, 

Karen Farbridge 
Mayor 
City of Guelph 
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