Ministry releases redacted version of 'overall benefit permit' document

Jeff Green | Nov 20, 2019

The long and contentious approval process to create 15 new building lots at Johnston’s Point on Loughborough Lake (off North Shore Road) took another bizarre twist this month with the release of a new document.

Because of the presence of two endangered species on the site - Blandings Turtles and Gray (aka Black) rat snakes – the project developer was required to obtain a “Overall Benefit Permit” from the Ministry of Natural Resources as a condition of approval for the project.

The permit sets out the steps that must be taken to ensure that the net effect of the development will not cause any more stress on the populations of the two endangered species than existed when the property was in its natural state.

Frontenac County, as the approval authority that will ultimately give the go-ahead for the project, wanted to see the permit. The Ministry would not release the document and the county submitted a freedom of information request last winter to get access.

While the request was being considered, ministerial changes took place and responsibility to enforce the permit is now held by the Ministry of Environment, Conservation and Parks. The document was finally released to Frontenac County on October 29, but as members of Frontenac County Council saw this week when the document was released to the public, it is a redacted version that was released.

The redactions were done by the ministry and a third party with an interest in the project. The ministries’ redactions, county planning staff have determined, were done so that the specific locations where the species are located within the site are not identified.

The redactions make parts of the permit very hard to understand.

The permit does say that paving should be avoided within the building project, and that a 30-metre vegetative buffer around the lake must be adhered to. It also places restrictions on the time of years when certain construction activities can take place.

For example, no vegetative clearing, driveway clearing or construction, building or septic field construction can take place between April 1 and October 31 unless a qualified professional is on site to monitoring all clearing and construction to make sure the species are not negatively impacted by the activity.

While construction will be restricted during the main building season of April 1 to October 30, any blasting that will take place will be restricted to April 1 – October 31 so it does not impact the snakes during hibernation.

Even once construction is complete, there are provisions for educating property owners on the site, and for annual reports concerning the wellbeing of the two species.

The stringent requirements about the project, the materials to be used in road construction, and the timing and limitations during the construction phase will all be enforced by the Ministry, the township of South Frontenac and the County of Frontenac have no jurisdiction concerning the stipulations contained in the benefit permit.