[All] Fw: Jeffersons and Milk Snake in proximity to ESPA 57

Fri Apr 11 02:12:46 EDT 2014

FYI 

----- Forwarded Message -----
From: Louisette Lanteigne <butterflybluelu at rogers.com>
To: "scstubley at yahoo.ca" <scstubley at yahoo.ca>; "cbcodyz at gmail.com" <cbcodyz at gmail.com> 
Sent: Friday, April 11, 2014 2:12:15 AM
Subject: Jeffersons and Milk Snake in proximity to ESPA 57

Hi Sue and Connie

Quick update re: Barrie's Lake.

Look at the page marked 32 in the attachment titled Jefferson and you will find the following statement: 

It is understood that groundwater recharging on the subject property flows to the kettle lakes(considered to be surface expressions of the local water table) and Provincially 
Significant Wetlands within E.S.P.A.s 57 and 58, indicating that there may be a groundwater ‘divide’ on the subject lands. For these reasons, the subject lands are considered 
“contiguous” to E.S.P.A. 57, E.S.P.A. 58 and E.S.P.A. 59 according to the definition in the Glossary of Terms (ROPP). 

According to the status of Herptofauna in Waterloo Region study, which I have here at my home, it states the following: 

Jefferson Salamander (ESPA 59: They are Federally and Provincially Endangered Species) 
Silvery Salamanders (A Jefferson hybrid & fully protected in ESPA 59)

With such a high probability of Jefferson's in Barrie's Lake area it would violate the Ontario Endangered Species Act if a proper Herptofaunal study was not reasonably conducted in Barrie's Lake. This means proper drop pit testing, toe and tail samples to be brought for positive identification to Dr. Jim Bogart at the University of Guelph. That is the proper protocol to follow. Any testing that has taken place required a wildlife collectors permit so request that from Mr. Gosselin, get a copy of that document to make sure the studies were reasonably done. Any study done with the ABSENCE of that document is non compliant to the protocols of the MNR. That paper must be carried by staff on site during the testing to be compliant with the law. Check the date of the permit and the test times as recorded in the Terrestrial studies to make sure they line up. Issuing a permit AFTER a study has taken place is non-compliant. 

A reasonable study must be conducted in MARCH not April since Jefferson Salamanders only appear during the first warm rains of spring, usually around March 26.  The temperatures must be above 4 degrees Celsius. If the dates of the testing omits the month of March, than for our area, it is not a reasonable time for analysis. Temperature and weather readings taken from local weather stations can reveal if they missed the window or not. 

Critical habitat delineation must take place in order to reasonably study for these animals. Jefferson Salamanders require 300m bufferzones around the breeding pond plus up to 1km of habitat dispersal area according to the Ontario Endangered Species Act. 

Parliament adopted section 58 of the Federal Species At Risk Act (SARA) is specifically to delineate critical habitat precisely to avoid the destruction of critical habitat of listed threatened and endangered species through any means. It is compulsory, non discretionary scheme set out by Parliament. It is not designed to be a protection scheme largely subject to ministerial discretionary powers. Such was not Parliament's Intent in adopting the SARA. No other law in Canada can weaken this legislation. This is based upon Supreme Court ruling of Ecojustice vs. The DFO. 

Ruling here: https://www.ecojustice.ca/files/orca-judgement-feb-2012/at_download/file
Reasoning here: https://www.ecojustice.ca/files/reasons-for-judgement-feb-2012/at_download/file

No project, no matter how old it is, can negate compliance to laws that protect endangered species. This was told to me by Senior Policy Advisor Gail Jackson with the MNR. The law protects the well being of the species as a first priority. If any adverse impacts occur to specimens or their habitat, there must be action taken to secure a net benefit for the species. For example: If they kill one animal they must replace it with two or more, expand protected habitat areas and/or implement other recovery strategy methods. If that cannot be reasonably done, the project will not be allowed. The application process must be posted on the environmental registry to allow for public comment before a permit is issued. It must be signed by the deputy MNR Minister and the MNR Minister along with several other signing officers three times. Over all the process to secure a permit to kill specimens or destroy habitats could take several years. If these steps are not
 reasonably followed, the project is non compliant giving grounds to sue in court. 

To view measures taken to protect this animal in Ontario, view these links:
http://www.thestar.com/news/gta/2014/03/26/salamander_season_shuts_down_burlington_road.html

http://www.peopleforcaledon.com/newsshow.asp?int_id=949

The Province of Ontario is already being sued for violating the Species At Risk Act. Should there be a court process there may be a delay until this hearing is completed. 
http://www.ecojustice.ca/media-centre/press-releases/environmental-groups-sue-ontario-government-over-decision-to-gut-species-at-risk-legislation

In Ontario's Recovery Strategy for Jefferson Salamanders it clearly states: Some roads (and urbanization) can create barriers that limit salamander dispersal and abundance and fragment habitat. Vehicles frequently kill Jefferson Salamanders as they cross roads, and curbs may act as barriers and catch basins as traps. Roads also are a source of chemicals and pollutants (e.g., salt) that degrade adjacent aquatic and terrestrial habitat. Roads create zones of disturbance characterized by noise and light pollution, and contribute to the desiccation of migrating adult salamanders and their increased vulnerability to predators
http://www.mnr.gov.on.ca/stdprodconsume/groups/lr/@mnr/@species/documents/document/286968.pdf

In other words, there is no plausible deniability. The ministry knows these animals are killed by roads and road salts etc. They also know this animal has been found in many areas of Waterloo Region. Do not believe statements that it's unusual to find it at this location etc. Such rhetoric is not truthful or reasonable.

Another animal which is likely found here: Milk Snake. I included that report for your reference. 

Snapping Turtle (Species of Special Concern) is of concern as well. The David Suzuki report flagging the fact Waterloo Region is a hot-zone for Turtle mortalities is in the attachments. 

Last but not least: Salt is VERY bad for vernal ponds. Kills off tiny things like Fairy Shrimp which are a primary food source for young salamanders etc. 

https://dspace.sewanee.edu/bitstream/handle/11005/280/DienzoInfluenceofRoadSaltSS11.pdf?sequence=1

As for the use of Roof Runoff: It is not clean water. It contains a host of toxins that may kill off biota including zinc, trace metals, PaH's, bird droppings, pesticides etc. The data on this is extensive. 

http://www.sciencedirect.com/science/article/pii/S0045653503004545
http://www.sciencedirect.com/science/article/pii/S0273122399000955

To assist you with your dialogue with Mr. Gosseline, please feel free to share this entire correspondence with him and include the attachments. Share it with all parties and your solicitor. 

Yours in good faith, 

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