Tag Archives: Ostrander Point

Wind turbines do not trump natural environment, Tribunal says

07 Tuesday Jun 2016

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The long awaited decision of the Environmental review Tribunal on the appeal of a proposed wind power project at Ostrander Point in Prince Edward County was released yesterday. The Tribunal says that due to the clear danger to endangered species, the proposed project — approved by the Ontario government — is “not consistent” with the goals of renewable energy policy.

South Shore Prince Edward County: wind power does not trump protection of natural environment [Photo Point 2 Point Foundation]

South Shore Prince Edward County: wind power does not trump protection of natural environment [Photo Point 2 Point Foundation]

The Kingston Whig-Standard, June 6, 2016

By Bruce Bell

PRINCE EDWARD COUNTY – It appears the gates to Ostrander Point are closed and there will be no turbines allowed entry.
An Environmental Review Tribunal (ERT) issued it’s ruling early Monday, upholding an appeal of the nine-turbine project by the Prince Edward County Field Naturalists (PECFN), saying the installation of gates on access roads won’t adequately protect the population or habitat of Blanding’s turtles.
In their decision, ERT members Heather Gibbs and Robert Wright found “the remedies proposed by Ostrander [Gilead] and the Director are not appropriate in the unique circumstances of this case. The Tribunal finds that the appropriate remedy under s.145.2.1 (4) is to revoke the Director’s decision to issue the REA [Renewable Energy Approval].”
The issue has raged on since Gilead Power received their Renewable Energy Approval (REA) in 2012 It was almost immediately appealed by PECFN. Another appeal by the Alliance to Protect Prince Edward County, based on potential harm to humans was dismissed by the ERT
“We feel so vindicated with the decision,” said PECFN president Myrna Wood shortly after news of the decision was received. “Especially since the Tribunal said it understands how important renewable energy is to the future, but it cannot override harm to the species and their habitat.”
In 2013, the ERT upheld the PECFN appeal of the REA to Gilead Power — the first time an appeal of an REA under Ontario’s 2009 Green Energy laws had been successful. A year later, an Ontario Court reversed the ERT decision, only to see the Court of Appeal side with the PECFN earlier this year, but did allow for Gilead to propose remedial action to circumvent environmental damage.
“Our south shore is so important to so many species and that environment simply cannot be destroyed for the development of renewable energy,” she said. “We were the first appeal on environmental grounds and I think that will likely have an effect going forward and I would think that’s why we were fought so hard by the Ministry of Environment.”
The project would require the construction of more than five kilometres of access roads to construct and service the nine turbines and as part of the remedy, Gilead proposed to reduce traffic by installing gates
Wood said she wasn’t certain if there was another step Gilead Power could take following Monday’s decision.  …

Read the full news story here.

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Wind farm appeal an eye-opener on government oversight of wind power approvals

01 Tuesday Dec 2015

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Birds? What birds? MNRF "biologist" misses the fact the South Shore of Prince Edward County is a designated Important Bird Area. It is slated for a 29-turbine wind power project.

Birds? What birds? MNRF “biologist” misses the fact the South Shore of Prince Edward County is a designated Important Bird Area. It is slated for a 29-turbine wind power project.

There have been many appeals of wind power project approvals in Ontario —in fact, almost EVERY approval since 2009 has been appealed—but the two appeals ongoing in Prince Edward County currently are interesting as they focus on the approval process for power projects, and the expert oversight citizens expect is part of it.

The truth? There isn’t any oversight.

If the wind power developer says there are not at-risk or endangered species in the project area then, well, they must be right. According to the government, that is.

The Ostrander Point appeal is now in its fifth phase as the appeal has bounced from the quasi-judicial Environmental Review Tribunal to court and back; we learned there that the Ontario Ministry of Natural Resources at-risk species expert recommended a permit NOT be granted for the power project.

And now, testimony at the White Pines appeal, also in Prince Edward County, is showing that the developer and the government relied on inadequate and incomplete consulting reports, and the government never bothered to check. At yesterday’s hearing, the MNRF “biologist” (she has a BA in environmental studies) stated that she was “unaware” that the County’s South Shore was a site for thousands of migratory birds, or that the power project site had several species of at-risk or endangered wildlife.

We invite you to follow along the excellent reports of the White Pines appeal (Ostrander Point has now heard all the evidence and will see final submissions in mid-January) at both Wind Concerns Ontario and the Alliance to Protect Prince Edward County (APPEC).

It’s an eye-opener.

[To donate to APPEC’s legal fight click here.]

Hundreds protest wind power projects in The County

28 Monday Sep 2015

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A few of the 300 people in Milford Ontario yesterday: not the right place for a power project

A few of the 300 people in Milford Ontario yesterday: not the right place for a power project (Photo: MPP Todd Smith)

HGTV host of Income Property Scott McGillivray once described Prince Edward County as “it is to Toronto what the Hamptons are to New York.”

For now.

Despite the fact that Prince Edward County is classified as an Important Bird Area for migrating birds in North America, despite the fact that taxpayer dollars have gone to promote its tourism and wine industries, and despite the fact that The County is steeped in Canadian Loyalist history, the Ontario government has approved not one but two wind power projects for the area.

People don’t think that’s right.

And they said so yesterday, as more than 300 people gathered at the Mount Tabor Community Hall in Milford to protest.

The Ostrander Point project has already been under appeal for years, and recently heard shocking testimony that a species at risk expert working for the Ontario Ministry of Natural Resources and Forestry recommended a permit NOT be granted for the project. The province gave the permit to kill wildlife, and approved the project. Hearings resume October 27th as the Ministry has been directed to produce more documentation on that process.

The community has also appealed the “White Pines” project by Germany-based wpd Canada, and a preliminary hearing is scheduled for early November.

All this time, various community groups such as the Point2Point Foundation, the Hastings Prince Edward Land Trust, and the South Shore Conservancy have been working with the federal and provincial governments to have the entire south shore declared off-limits to development like wind power plants.

How does the Ontario government justify its wind power program which is supposed to “save” the environment, while it is despoiling fragile environments and killing wildlife?

These groups could use your help.

Ostrander Point: www.saveostranderpoint.org

White Pines: Alliance to Protect Prince Edward County https://appec.wordpress.com/

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Photo: Wind Concerns Ontario

Overturn wind farm approvals, say Nature groups

12 Saturday Sep 2015

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Wolfe Island: high kill rate for birds. Ontario is "tough on Nature" say four Naturalist groups

Wolfe Island: high kill rate for birds. Ontario is “tough on Nature” say four Naturalist groups

Nature Canada News

In an unprecedented partnership, Nature Canada has been joined by Ontario Nature, the Kingston Field Naturalists and the American Bird Conservancy in opposition to a recently approved industrial wind energy project that threatens birds and other wildlife on Amherst Island.

“Ontario’s decision to approve Windlectric’s 26-turbine project on Amherst Island—one of the province’s crown jewels of nature—is another in a string of ‘tough on nature’ decisions to build wind energy projects in Important Bird Areas in the region” said Stephen Hazell, Nature Canada’s Director of Conservation.

“Given Ontario’s failure to consider the cumulative effects of these projects on nature, the Environmental Review Tribunal should overturn the approval of the Amherst Island Project as well as that of White Pines. And given the clear breaches of the federal Migratory Birds Convention Act, the federal government should in future apply its environmental assessment process to wind energy projects.”

Purple Martins, one of the species threatened by these projects. Photo Ted Cheskey

Amherst Island, Wolfe Island and the Prince Edward County South Shore Important Bird Areas, all within a few kilometres of each other, are on a bird superhighway during spring and fall migration. They also provide prime breeding habitat for the rapidly declining Purple Martin and several species at risk including Eastern Whip-poor-will, Bobolink, and the long-lived Blanding’s Turtle. 86 turbines were constructed on Wolfe Island in 2009.

Three years of monitoring this project confirmed its reputation as one of the most deadly wind energy projects in North America for birds and bats.

The recent approval of the Amherst and White Pines projects are very bad news for birds, bats, and turtles, and represent the significant industrialization of these ecological treasures. The “new” industrial landscapes will no doubt shock tourists used to the bucolic vistas of the region.

We are all awaiting the final decision on the Ostrander Point project proposal by the Ontario Environmental Review Tribunal. Valiantly defended by the Prince Edward County Field Naturalists, Ostrander Point is Crown land with habitat for rare species of animals and plants on the south shore of Prince Edward County. A proposal to build twelve 150 metre high wind turbines on it was approved, and then successfully appealed by the Naturalists, before passing through all levels of the Ontario judicial system.

Now it is back in the hands of the Environmental Review Tribunal for a final decision.

 

For more information visit http://www.saveostranderpoint.org/.

– See more at: http://naturecanada.ca/news/blog/nature-canada-and-its-partners-raise-their-voices-in-opposition-to-industrial-wind-energy-projects-in-fragile-ibas-in-the-eastern-end-of-lake-ontario/#sthash.RuDpOcug.dpuf

Ontario ignored recommendation not to build wind farm: government scientist

07 Monday Sep 2015

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Did the McGuinty government ignore real science in favour of political ideology?

Did the McGuinty government ignore real science in favour of political ideology?

Report from the Prince Edward County Field Naturalists on stunning testimony at the Environmental Review Tribunal, September 4.

What began as a usual day in the extended Environmental Review Tribunal appeal of the Ministry of the Environment and Climate Change plan to allow development at Ostrander Point in the PEC South Shore Important Bird Area finished with an unexpected ruling.

The witness was Joe Crowley from the Ministry of Natural Resources and Forestry, who was qualified as a species at risk herpetologist with expertise in Blanding’s Turtles.  Mr. Crowley has a long history of interest in and working in the field of herpetology in Ontario and helped to develop the Ontario Herpetology Atlas, a citizen science project, while working with Ontario Nature before he started his tenure with MNRF.  At MNRF his responsibilities included being the species at risk expert on herpetology, giving advice to staff and partners and conservation groups on the development of species at risk protection plans.  He was instrumental in developing the provincial task team forestry policy regarding amphibians and reptiles. He is a member of the reptile and amphibian sub- committee of COSEWIC (Committee on the Status of Endangered Wildlife in Canada), reviewing reports for that committee of technical and scientific information which informs decisions regarding listing species at risk.  He is the Vice President of the Canadian Herpetology Society responsible for web site development and communication.

Mr. Crowley’s witness statement was concerned with the attempts to mitigate harm to the indigenous turtle population at Ostrander Point through the installation of gates on the turbine access roads and a program of monitoring, signage and staff training.  Mr. Crowley answered many questions about the effectiveness of the various mitigation measures proposed to protect the turtles.  Gates are proposed on about 6 road intersections on the site including the intersection of Helmer Rd and Petticoat Point Lane.  Mr. Crowley indicated that he felt that those gates would reduce the risk of turtle mortality to public vehicular traffic; however the presence of roads would increase the probability of turtles nesting in a place that would make them more vulnerable to predation and the roads were unlikely to deter poachers.

The unexpected part of the day came when Mr. Crowley was asked about his role in the granting of the Endangered Species Act permit granted allowing the proponent to “kill harm and harass” the Whip—poor-will and the Blanding’s Turtle at Ostrander point.  Mr. Crowley stated that his advice at the time was not to allow the permit because the project roads would prove a risk to the site’s indigenous Blanding’s Turtles.

This new information caused an abrupt halt in the proceedings.  The legal argument was made by PECFN counsel, Eric Gillespie that it appeared that a senior manager at MNRF had advised against approval of the Ostrander project at the very onset. Mr. Gillespie requested documentation of that advice. Mr. Crowley was unable to produce any documentation and asserted that the final decision on the project was not his. Ultimately after much legal discussion the Tribunal issued a ruling:

That the Ministry of Natural Resources and Forestry witnesses produce forthwith all papers and electronic correspondence to date relating to roads and/or Blanding’s Turtle and this renewable energy approved project and site.

The Tribunal resumes on September 23, 24 and 25.

– See more at: http://www.saveostranderpoint.org/september-4-2015-day-3-at-the-ert-hearing/#sthash.lokjWGkK.dpuf

Is Ontario’s push for giant wind farms killing the green energy movement?

02 Wednesday Sep 2015

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Is Ontario’s rush to wind power killing the green energy movement?

TORONTO, CAN, September 2, 2015

Ontario’s stance as an environmental activist province in Canada and would-be leader in climate change action is taking a beating after the government approved two controversial wind power projects, and continues to fight environmental groups and citizens on a third.

Last week, the Ontario Ministry of the Environment and Climate Change approved a 75-megawatt power project on tiny Amherst Island in Lake Ontario. The island is home to several species of wildlife declared endangered or at-risk by the same government, and is also a resting place for migrating birds. The birds attract eco-tourists from all over the world.

The threat of the wind power project to the heritage environment is so great that Heritage Canada’s National Trust named the island one of Canada’s Top Ten Endangered Places.

“There are some places where wind power projects shouldn’t go,” says Michele LeLay, spokesperson for the community group the Association to Protect Amherst Island. “This is one of them.”

Abundance of birds at risk

Also on Lake Ontario, is Prince Edward County where the province recently approved another large wind power generation project for the South Shore. The environmental danger is undeniable, says Cheryl Anderson, of the Prince Edward County Field Naturalists: “Data gathered over 20 years confirms the South Shore is a major migratory pathway for an astonishing diversity and abundance of birds. This unique blend of ecosystems supports numerous varieties of rare plants, eight species of at-risk turtles, Monarch butterflies and many amphibian species.  Because of its unique biodiversity, the value of Prince Edward County’s South Shore is unparalleled as an ecotourism venue.”

The Ontario government heads back to the quasi-judicial Environmental Review Tribunal in September, to hear the appeal of a wind power project at Ostrander Point, also in Prince Edward County, halted by the Tribunal in 2013 due to the danger to a rare species of turtle. After several sessions in court, the decision has been returned to the Tribunal where community groups are in the unusual position of spending hundreds of thousands to protect the environment from the Ministry of the Environment.

Prince Edward County Mayor Robert Quaiff is outraged at the approvals and has been trying to see the Premier of Ontario, so far with no luck. In a letter to her he said “efforts to implement the Green Energy Act [legislation pushing wind power] are becoming counter-productive through resulting negative impacts to endangered species, as well as the prosperity and well-being of rural Ontario Communities.”

The concern about Ontario’s pro-wind agenda and resulting environmental damage is not limited to the southern parts of the province. Canada is known around the world for its iconic landscapes in the Algoma region around Lake Superior, now also the site for unbridled wind power development. Hills and valleys made famous by Canada’s Group of Seven artists are now scarred by clear-cutting of trees, flattening of ridges, and the construction of roads and turbine foundations.

George Browne of Lake Superior Action Research Conservation (LSARC) says the devastation to the wilderness is immense. Wilderness, he says, “is a rare and unique feature, understood by many to represent the grandeur of nature; vastness is an essential part of the aesthetic appeal of the landscape. It is worthy of conservation.”

Approval of projects in fragile areas will tarnish green energy industry

Nature groups believe that Ontario’s inappropriate choices for wind power development will actually harm the green energy movement. Ontario Nature and Nature Canada jointly stated: “We sincerely believe [approval of the Amherst Island project] will further tarnish Ontario’s green energy industry, and ultimately undermine future projects in less controversial areas. The opposition of this project in the naturalist community is palpable. The risks of killing large numbers of raptors, swallows and bobolinks is high. Approval will further alienate a segment of Ontario’s population from the green energy agenda and tip an already fragile balance.”

Ontario is guilty of hypocrisy says Ontario’s premier community coalition, Wind Concerns Ontario. “The government’s recent decisions show they have lost their way,” says President Jane Wilson. “Killing birds and despoiling wilderness is not the way to save the environment.”

END

Contact: Wind Concerns Ontario www.windconcernsontario.ca

Email us here.

Prince Edward County South Shore: major pathway for migratory birds

Prince Edward County South Shore: major pathway for migratory birds

Count birds and at-risk species in Prince Edward Cty this Saturday

07 Thursday Aug 2014

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Count me IN!!!

Count me IN!!!

As you know, despite the objections and legal actions brought forward by the citizens of Prince Edward County—and its municipal government, which declared the County “Not A Willing Host”—the province is proceeding with applications from two wind power developers for wind power generation projects, including one in a widely recognized Important Bird Area.

This Saturday, naturalists and ordinary people will be gathering to listen to speakers, and observe wildlife in the County.

Prince Edward County is just two to two and a half hours from Ottawa.

For more information go to the website for the Prince Edward County Field Naturalists at http://www.saveostranderpoint.org

Participate in PECFN’s BioBlitz at Ostrander Point, August 9-10, 2014

31 Thursday Jul 2014

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Love Nature? Want to save it from the Ontario government’s misguided “green energy” program which believes wind power trumps wildlife? Here’s a chance to help out. A 2 1/2 hour drive south-west.

CCSAGE Naturally Green

BioBlitz poster FINAL low colour-page-001 Click on image to enlarge

FOR IMMEDIATE RELEASE

Public invited to help inventory the biologically significant Ostrander Point.

Prince Edward County (July 30, 2014) – The Prince Edward County Field Naturalists are hosting the county’s first ever BioBlitz at Ostrander Point. The event runs over a 24 hour period from noon on Saturday August 9 to noon on Sunday August 10, 2014 and includes guided tours for the public focussing on how to identify a variety of species from plants to birds, insects and amphibians and reptiles.

Ostrander Point is located within the South Shore Important Bird Area, a site recognized globally for its importance to birds and biodiversity.

“Much of the biodiversity of the South Shore Important Bird Area has not been identified” notes Myrna Wood of the Prince Edward County Field Naturalists Club. Wood continues “Ostrander Point was the subject of an Environmental Review Tribunal hearing during which…

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Heritage home tour/wine tasting fund-raiser

26 Monday May 2014

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Heritage House & Winery Tour

This is a fund-raiser with the accent on “fun”!

A tour of Loyalist heritage homes and a tour of three Country wineries…all to help in raising money for legal costs to protect Ostrander POint in Prince Edward County from a wind power generation project.

Visit the website for the Alliance to Protect Prince Edward County for details

 

Wrong, wrong, wrong

27 Thursday Feb 2014

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The Times

Wrong to assume

Blanding-SmallThe Prince Edward County Field Naturalists are wrong. Ontario Nature. Nature Canada. Both wrong. Dr. Robert McMurtry is wrong. The South Shore Conservancy is wrong. So too is the Prince Edward Point Bird Observatory. Alvar, bird, butterfly, turtle and bat experts are all wrong. The municipality of Prince Edward is wrong. As are the majority of County residents who believed Crown Land at Ostrander Point should be preserved—rather than industrialized for the profit of one corporation.

And now we have learned that Ontario’s own Environmental Review Tribunal is wrong. A Toronto court has said so. This ought to keep Premier Kathleen Wynne up at night.

The Tribunal’s Robert Wright and Heather Gibbs spent more than 40 days hearing evidence, challenging testimony and witnesses and weighing competing claims. They began their task in a snowstorm in February; and delivered their decision on a hot July day last summer. Wright and Gibbs visited Ostrander Point. They walked around. They saw, with their own eyes, what was at stake.

They dug deep into the evidence. They weren’t satisfied that the Ministry of Natural Resources (MNR) had sufficiently scrutinized the developer’s plans before issuing it a permit to “harm, harass and kill” endangered species, including the Blanding’s turtle.

They discovered that mitigation measures proposed by the developer to ensure overall benefit to the species were untested and worse, according to evidence presented before them—unlikely to work, particularly for the population at Ostrander Point.

However, the Toronto court ruled that Wright and Gibbs should have given the MNR the benefit of doubt.

“In my view, the Tribunal ought to have assumed that the MNR would properly and adequately monitor compliance with the ESA (Endangered Species Act) permit,” wrote Justice Ian Nordheimer in the decision.

But Wright and Gibbs, after listening to 40 days of testimony and examining nearly 200 documents entered into evidence, concluded they could not make that assumption.

The Tribunal’s error was that it didn’t believe the MNR would adequately look out for the Blanding’s turtle.

Wright and Gibbs had gone backward and forward through the proposals prepared and submitted by the developer and accepted by the MNR. They concluded the “Blanding’s turtle at Ostrander Point Crown Land Block will not be effectively mitigated by the conditions of the REA [Renewable Energy Approval].”

The court didn’t say Wright and Gibbs were wrong about their conclusions, but that they should have “accepted the ESA permit at face value” or explained better why their conclusions were different than the MNR.

“The Tribunal was obliged to explain how the fact that the MNR had concluded under the ESA that the project would lead to an overall benefit to Blanding’s turtle (notwithstanding the harm that would arise from the project) could mesh with its conclusion that the project would cause irreversible harm to the same species,” wrote Justice Nordheimer.

This is the bit that ought to send a cold shiver through Premier Wynne and anyone else who is worries about the welfare of endangered species in this province.

Read the full article here.