[All] Fw: Roadway threatens multiple Species At Risk.

Wed Oct 2 04:08:40 EDT 2013

FYI

----- Forwarded Message -----
From: Louisette Lanteigne <butterflybluelu at rogers.com>
To: "Wildlife.enforcement at ec.gc.ca" <Wildlife.enforcement at ec.gc.ca>; "gail.jackson at ontario.ca" <gail.jackson at ontario.ca>; "dorazietti.mpp at liberal.ola.org" <dorazietti.mpp at liberal.ola.org>; "cfife-co at ndp.on.ca" <cfife-co at ndp.on.ca>; "jmilloy.mpp.co at liberal.ola.org" <jmilloy.mpp.co at liberal.ola.org>; "gmurray.mpp.co at liberal.ola.org" <gmurray.mpp.co at liberal.ola.org> 
Sent: Wednesday, October 2, 2013 3:28:49 AM
Subject: Roadway threatens multiple Species At Risk. 

Hello

In the Region of Waterloo in Kitchener Ontario,  the Region wants to build the River Road extension through known Jefferson Salamander habitats. This is the largest population of Jeffersons in Canada in a location known as Hidden Valley. The area is a primary recharge area and the topography is shaped like a basin with the wetland feature at the bottom, grasslands to the East and West and Forests located at the north, the south and through the interior. It is an ancient forest system. The topography made it to dangerous to log in and this area sits adjacent to the Grand RIver.  

Here is a recently published article in the Record about this project. http://www.therecord.com/news-story/4131860-road-around-endangered-salamanders-pegged-at-72-million/

I attended the Open house for the River Road Extention on October 1st 2013 and I can confirm the following information:

-The proposed River Road Extension is within 1km of critical habitat for Jefferson Salamanders breeding areas.
-The Region of Waterloo intends to remove trees and create a buffer zone of plant life to buffer the edge of the roadway. This augmentation is expected occur one year before road construction. 
-Final draft plan is going to be going through the approval process in 2014
-Construction is anticipated to begin in 2017
-No salt mitigation strategy has been crafted for this project. 
-No permits have been submitted yet. When I asked if they intend to seek kill permits they stated they are in discussion with the MNR but refused to confirm the need. 

Here is a videotape I took of Regional Council staff advising council that "WE DON'T NEED PERMITS" for habitat or species destruction because it would cause delay. I took this video in Regional Council on October 4th 2011. http://www.youtube.com/watch?v=EdRuYRIQdJk

I had the chance to review the terrestrial data produced by LGL and here is a list of species observed in Hidden Valley that are currently protected by the Species At Risk Act & the Ontario Endangered Species Act

-Jefferson Salamanders (Threatened)
-Barn Swallow (Threatened)
-Butternut Trees (Endangered) 
-Chimney Swift (Threatened)
-Bobolink (Threatened)
-Milk Snake (Special Concern)
-Snapping Turtle (Special Concern)
-Nighthawk (Special Concern)
-Bald Eagle (Special Concern)
-Canada Warbler (Special Concern)

The Butternut trees are in close proximity to the area of the proposed roadway. 

Suitable Habitats exist for the following species but there is a lack of data to confirm if they are here: 

-Least Bittern (Threatened)
-Rusty Patch Bumble Bee (Endangered)
-Northern Myotis aka Long eared bat (Endangered)

In reviewing the data by LGL I can confirm that much of the data provided ie: Bobolink studies etc. were conducted in the area of the proposed roadway and does not reflect the total area of the Hidden Valley ecosystem. There is a field area in Hidden Valley but it is not at the location of the proposed roadway where studies for Bobolink were conducted. We need better quality of data to reasonably mitigate risks. They mention the fact the studies were scoped in the Terrestrial reports. See attachments for details. 

In my view, it appears as if the Regional has allowed LGL to do very limited scope studies for many of the rare species as a means of using discretionary powers  to circumvent section 58 of the Species At Risk Act in order to make the process of building this road extension cheaper and faster. 

According to the Ontario Endangered Species Act, a reasonable study for salamanders for example, must include 300m of critical habitat zone plus an area "Up to one kilometre" around that location.  Here is the applicable section of the Endangered Species Act specific to the protection of Jefferson Salamanders.

ONTARIO REGULATION 436/09
made under the
ENDANGERED SPECIES ACT, 2007
Made: August 12, 2009
Filed: November 18, 2009
Published on e-Laws: November 20, 2009
Printed in The Ontario Gazette: December 5, 2009

Amending O. Reg. 242/08

Jefferson salamander habitat
28.  For the purpose of clause (a) of the definition of “habitat” in subsection 2 (1) of the Act, the following areas are prescribed as the habitat of the Jefferson salamander:
1. In the City of Hamilton, the counties of Brant, Dufferin, Elgin, Grey, Haldimand, Norfolk and Wellington and the regional municipalities of Halton, Niagara, Peel, Waterloo and York,
i. a wetland, pond or vernal or other temporary pool that is being used by a Jefferson salamander or Jefferson dominated polyploid or was used by a Jefferson salamander or Jefferson dominated polyploid at any time during the previous five years,
ii. an area that is within 300 metres of a wetland, pond or vernal or other temporary pool described in subparagraph i and that provides suitable foraging, dispersal, migration or hibernation conditions for Jefferson salamanders or Jefferson dominated polyploids,
iii. a wetland, pond or vernal or other temporary pool that,
A. would provide suitable breeding conditions for Jefferson salamanders or Jefferson dominated polyploids,
B. is within one kilometre of an area described in subparagraph i, and
C. is connected to the area described in subparagraph i by an area described in subparagraph iv, and
iv. an area that provides suitable conditions for Jefferson salamanders or Jefferson dominated polyploids to disperse and is within one kilometre of an area described in subparagraph i.

Source: http://www.e-laws.gov.on.ca/html/source/regs/english/2009/elaws_src_regs_r09436_e.htm

Currently Ecojustice is suing the Province of Ontario for using discretionary powers to reduce protection of the Endangered Species Act 2007. For more information on that lawsuit please visit here: http://www.ecojustice.ca/blog/ontario2019s-broken-promise

The habitat maps of the Jefferson Salamanders of Hidden Valley is included in the attachments. I took these photos at a public open house back in 2011 and it includes one confirmed specimen in close proximity to the existing roadway network. No doubt, these animals and their habitat will be at increased risk if this roadway is built. The 300m bufferzone is represented in red.

It is my concern that in allowing insufficient narrowly scoped studies to be used for the approval processes, the Region of Waterloo will be held liable for violating the Species at Risk Act section 58.  Public opposition against this project has been quite strong. To circumvent this possible scenario, I would like to request the intervention by the ministries to contact our local government to secure reasonable terrestrial studies for ALL species at risk located in this area along with the proper delineation of critical habitats and the establishment of reasonable recovery strategies.  Solutions are best found prior to approval processes in order to mitigate costs for all parties and risks to these animals in a timely manner.

Please inform me on measures the ministries can take to help address this situation. 

In my opinion, the total area of Hidden Valley should be reviewed to qualify as Provincially Significant Wetland Area, or a Federal Natural Areas Conservation Program. The pristine nature of this park, the wide biodiversity, heritage forests and wetlands in this relatively small parcel of land is outstanding. In the age of climate change, habitats like this must be protected for the long term if these species are to survive. 

The roadway and proposed development activities on the meadows of Hidden Valley are posing a risk. Please don't let them destroy this natural heritage forest. 

Thank you kindly for your time. Yours in good faith, 

Louisette Lanteigne
700 Star Flower Ave.
Waterloo Ont.
N2V 2L2
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