[All] Fw: RE: Highland Quarry and identification of critical habitats.

Wed May 25 00:05:09 EDT 2011

FYI

The email below regards rare species in Melancthon but these same issues can apply to Hidden Valley and Doon South as well. Be sure to contact the folks at Environment Canada about concerns for Jeff's. Here's the contact info:

Ontario Region

		Angela McConnell

		(Please also cc Ken Tuininga)

		Canadian Wildlife Service

		Environment Canada

		4905 Dufferin Street

		Downsview  ON  M3H 5T4

		Telephone: (416) 739-5715

		Fax: (416) 739-4560
E-mail: angela.mcconnell at ec.gc.ca

ken.tuininga at ec.gc.ca
Lulu :0)

--- On Tue, 5/24/11, McLachlan, Amanda (MNR) <Amanda.McLachlan at ontario.ca> wrote:

From: McLachlan, Amanda (MNR) <Amanda.McLachlan at ontario.ca>
Subject: RE: Highland Quarry and identification of critical habitats.
To: butterflybluelu at rogers.com
Cc: "Laing, Craig (MNR)" <craig.laing at ontario.ca>, ken.tuininga at ec.gc.ca
Date: Tuesday, May 24, 2011, 3:46 PM

Dear Ms. Louisette Lanteigne,  

Thank you for your email of May 12 2011, it was forwarded to me from our
Aggregates Officer Craig Laing. In your correspondence you referred to critical
habitat. Critical habitat is defined and is protected under
 Canada ’s
Species at Risk Act (SARA), which is federal legislation and critical habitat
protection under SARA would on apply to federal lands. It appears your
correspondence was addressed to both the MNR and Environment Canada, for more
information on SARA I would recommend you consult with Environmental Canada.  

The Provincial Standards under the Ontario
Aggregate Resources Act requires that an impact assessment be completed to
determine negative impacts on the significant habitat of a threatened or
endangered species located on or within 120 metres of the subject lands and to
identify any proposed preventative, mitigative or remedial measures. At this
time the Ministry of Natural Resources has objected to the proposed ARA
application as there is insufficient information pertaining to Butternut and
Bobolink and has requested further information on these species and their habitats.

The significant habitat of endangered and
threatened species is also protected from development and site alteration
according to the Provinical Policy Statement under the Ontario Planning Act.

Your email also referenced the regulation
posting on the Environmental Registry for Bobolink, a threatened species under
the Ontario Endangered Species Act. Unfortunately the 31 day comment period for
this registry posting is now closed and the Ministry will be reviewing comments
received from the Environmental Registry posting.   

To provide comments on the proposed ARA ‘Highland’
Quarry application, I encourage you to make comments on the posting on the
Environmental Registry, the proposal notice number us 011-2864 (www.ebr.gov.on.ca) and the commenting
period is open until July 11 2011.  

Thank you again for your correspondence,  

Amanda McLachlan 

District Planner  

MNR Midhurst District  

705-725-7546  

From:
Louisette Lanteigne [mailto:butterflybluelu at rogers.com] 

Sent: May 12, 2011 11:58 AM

To: ken.tuininga at ec.gc.ca;
 Laing, Craig (MNR)

Cc: justin duncan;
commissioner at eco.on.ca

Subject: Highland 
Quarry and identification of critical habitats. 

    Hello Mr.Tuininga and Mr. Laing 

    Have the scientists on the Henslow
    Sparrow Recovery Team mapped the location of it’s critical
    habitat in regards to the Highland Quarry application in Melancthon where
    these species has been identified and have they included those maps in
    a draft recovery strategy in order to clearly identify critical habitat?
    With the current plan to build the Highland Quarry, my objective at this
    time is to assure that the mapping has taken place in order to assure a
    reasonable measure of compliance towards
 Canada ’s Species At Risk
    Act, the Provincial Policy Statement 2005 section 2.1.3. 

    Please provide me with a written answer via email
    and kindly email the response to all parties CC'd as well, I would
    greatly appreciate that.  

    Also, is my understanding that currently there
    is NO recovery team established to protect the
    threatened Bobolink which has been confirmed on-site at the Highland
    Quarry. This would indicate to me that is far to premature for the province
    to approve of any aggregate extraction permit until this matter has been
    reasonably addressed in order to comply to the mandate of SARA. Please
    review this link for an Environmental Bill of Rights application titled: Amendment to the
 Ontario Regulation
    242/08 (General) under the Endangered Species Act, 2007 (ESA) respecting
    Bobolink and establishment of an advisory group to support the development
    of a long term approach to Bobolink recovery  

    http://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do?noticeId=MTEyNjAy&statusId=MTY4ODc1&language=en 

    Lawsuits have successfully been used to secure the
    proper mapping of critical habitat in regards to the protection of
    threatened and endangered species such as the Nooksack Dace in BC and
    the Greater Sage Grouse.in Alberta .
    It would not be unreasonable to state that the absence of mapping
    showing the critical habitat for threatened and endangered species may pose
    a liability risk for the MNR should the final decision not include that
    data based on sound science and thorough investigations. The David
    Suzuki Foundation's recent submission regarding this project cites numerous
    examples of questionable science in regards to the Highland Quarry
    application. Their concerns are in the attachments for your reference. 

    I strongly advise the MNR proceed with a
    precautionary approach to secure that the data and mapping is based on
    thorough analysis of critical habitats for these protected species. It's much
    more cost effective to assure due diligence prior to the issuance of
    approvals than afterwards for all parties involved. I send this in good
    faith to make sure that compliance to provincial and federal laws are met
    prior to final approval.  

    Thank you kindly for your time.  

    Louisette Lanteigne 

    700
      Star Flower Ave. 

    Waterloo
 Ontario

    N2V
    2L2 

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