A CALL TO ACTION - Johnston Point
Magenta Waterfront Development Corp., Proposed Permit for activities with conditions to achieve overall benefit to the species - ESA s.17(2)(c); ER notice number 013-1130
WHO does this concern?
On Friday November 9, 2017 the Ministry of Natural Resources and Forestry (MNRF) posted a notice on the Environmental Registry (ER) of the developer's proposal for Overall Benefit Permit for Johnston Point on Loughborough Lake, South Frontenac Township (North of Kingston).
WHAT is an Overall Benefit Permit?
Any species identified on Johnston Point that is listed as endangered or threatened on the Species At Risk Ontario list is supposed to legally receive automatic species and habitat protection under the Endangered Species Act (ESA): “No person shall, (a) kill, harm, harass, capture or take a living member of a species that is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species” and “No person shall damage or destroy the habitat of a species that is listed on the Species at Risk in Ontario list as an endangered or threatened species.”
At a minimum, Butternut (endangered), Myotis Bat (endangered), Blanding’s Turtle (threatened), Gray Ratsnake (threatened), Eastern Whippoorwill (threatened) and Snapping Turtle (special concern) exist on Johnston Point.
The developer has applied for a 17(2)(c) permit that if approved enables the killing, harming and harassing of species at risk and/or destruction of their habitat on Johnston Point, with the understanding that the developer will take actions elsewhere in Ontario to contribute to the overall benefit of the species. For example, the developer could post signs such as "Brake for Snakes" in the area, or distribute flyers with educational information about the endangered species etc.
Our concern is that these mitigation efforts are not monitored and have not been proven to be effective, and that they fall desperately short of the reasonable alternative of leaving this habitat intact in order that its ecological function remains unchanged.
WHERE can you learn more?
Please read ‘Good Choices, Bad Choices’, the 2017 Environmental Protection Report of the Environmental Commissioner of Ontario, particularly Chapter 7 - ‘Getting Approvals Wrong’. (https://eco.on.ca/reports/2017-good-choices-bad-choices/). Concerned citizens have organized an information session in the DRAMA Room at Sydenham High School to be followed by a Delegation to the Township Council to discuss why denying this permit is the ethically responsible decision whereas allowing it would be a mistake.
WHEN? Tuesday November 28, 2017: Information session 6:00 to 6:45pm SFT Council Meeting 7:00pm.
HOW can you take action?
1. Add your name to the online petition calling for the MNRF to deny this permit.
2. Submit your individual comments to the Environmental Registry, in writing, before December 11, 2017.
(Note: You must quote the ER notice number 013-1130)
Access the posting at: https://www.ebr.gov.on.ca/ERS-WEB-External/ and enter the ER notice number: 013-1130 in the search box.
Then click on the notice that appears.
The following petition sponsored by the Battersea Loughborough Lake Association will be available for signature at the meeting, or by endorsing it on our BLLA facebook page.
PETITION CALLING TO STOP THE PLAN OF CONDOMINIUM DEVELOPMENT
ON JOHNSTON POINT
The people of Ontario recognize the inherent value of the natural environment.
The people of Ontario have a right to a healthful environment.
The people of Ontario have as a common goal the protection, conservation and restoration of the natural environment for the benefit of present and future generations.
While the government has the primary responsibility for achieving this goal,
the people should have means to ensure that it is achieved in
an effective, timely, open and fair manner.”
Environmental Bill of Rights, 1993
We, the people of Ontario, are committed to the protection and recovery of species at risk at Johnston Point, through the preservation of their Natural Heritage environment, as legally mandated by Ontario’s Endangered Species Act and set forth in the Provincial Policy Statement, and in keeping with the concerns of the citizens of South Frontenac brought forward to the OMB on April 4, 2016.
Recognizing that six species at risk on the Ontario list have been independently documented on Johnston Point by expert independent investigations that were not previously identified by this Developer - Butternut (endangered), Myotis Bat (endangered), Blanding’s Turtle (threatened), Gray Ratsnake (threatened), Eastern Whippoorwill (threatened) and, Snapping Turtle (special concern), and
Recognizing that Johnston Point’s species at risk are contained in an area treasured and acclaimed for its many provincially significant and international Natural Heritage designations - Provincially Significant Wetland, Provincially Significant Woodland, Provincially Significant Wildlife Habitat and Fish Habitat, and part of the Frontenac Arch, a United Nations (UNESCO) World Biosphere Reserve – and is an Area of Natural and Scientific Interest identified and recommended for protection by Ontario’s Ministry of Natural Resources (MNRF) in 1993, and
Recognizing that the OMB granted approval conditionally prior to, but on condition of, an MNRF assessment this proposal, specifically through a species at risk lens, and that the MNRF has now assessed the Conditions of Draft Plan Approval and deemed that the Plan of Condominium as written and presented to the OMB, Frontenac County and South Frontenac Township will likely contravene sections 9 and 10 of the ESA (species and habitat protection) and WILL have negative impacts on the natural features and ecological functions that under the Provincial Policy Statement DO NOT PERMIT development or site alteration, and
Recognizing that extensive, unauthorized site alteration has occurred prior to the MNRF assessment of the proposal, and that this site alteration has caused significant damage and destruction of the natural features on Johnston Point so that sections 9 and 10 of the ESA, for species and habitat protection made have already been contravened, and
Recognizing that the species at risk on this unique piece of Ontario’s natural heritage have NOT been duly addressed and safeguarded, because of omissions and oversights in the proponent’s environmental assessments, the proponent’s failure to follow due process to obtain MNRF approvals and authorizations, and/or authorities incapacity to oversee the conditions of draft plan approval and monitor developer compliance, and
Recognizing that lots are being advertised without benefit permit authorization, and with unsuspecting buyers unaware of restrictions and implications imposed under the Endangered Species Act,
On the Subject of the Magenta Waterfront Development Corp. Permit for activities with conditions to achieve overall benefit to the species - ESA s.17(2)(c); ER notice number 013-1130,
We, the following people of Ontario, respectfully ask that despite the fact that the MNRF has never denied an ESA permit to any applicant, and especially since there is no appeal process, that any, and all benefit permits relating to the Plan of Condominium at Johnston Point be denied.
We strongly feel that denial of this benefit permit is important to all the people of Ontario as it will not specifically benefit the species at risk locally, on site, or provincially, and it is not in keeping with our rights under the Environmental Bill of Rights or the MNRF’s Statement of Environmental Values (SEV) under which this decision must be considered.
The Officers and Directors of the Battersea Loughborough Lake Association
Prof. Roel Vertegaal PhD (Director)
Evonne Potts (Director)
Barbara Canton (President)
Joe Pater (Vice-President)
Bob Fugler (Treasurer)
Philippa Fugler (Secretary)
Nada Beamish (Director)
Joanne McDonnell (Director)
Susan Sutherland (Director)
And the following residents of Ontario:
There is an on-line petition that you can sign. Please add your name to the support that we have received at
Type your paragraph here.
Loughborough Lake Association