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MAY 26, 2015
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Committee of the Whole
Meeting Date:
May 26, 2015
Submitted by:
Mark Brown, Woodlands Conservation Officer/Weed Inspector
Subject:
APPLICATION FOR COUNCIL EXEMPTION FOR CLEARING
WOODLANDS; SLEGERS SPECIALITY CROPS LTD, 25668
MELBOURNE ROAD (PART LOT 7, CONCESSION 10),
MUNICIPALITY OF STRATHROY-CARADOC
BACKGROUND:
The County’s Woodlands Conservation By-law No. 5738 regulates woodlands and no
person may injure or destroy living trees within regulated woodlands unless it is in
accordance with Good Forestry practices, Circumference Limit practices, or as a result
of an ‘exemption’.
Slegers Specialty Crops Ltd, owners of the subject lands, have applied under Section 4
of the Woodlands Conservation By-law for an ‘exemption’ to clear cut 2.65 hectares
(6.56 acres) of woodlands that are regulated under the Woodlands Conservation By-law
No. 5738. The owners propose to replant an equivalent area on a nearby farm. The
reasons provided for the clearing are to provide contiguous area of suitable soils for
expanded Ginseng production on the subject property.
The property is located at 25668 Melbourne Road (Part Lot 7, Concession 10,
Municipality of Strathroy-Caradoc (former Township of Caradoc)). The property and the
area requested to be cleared as well as the lands proposed to be replanted are shown
on the attached maps.
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ANALYSIS:
The area of proposed clearing is 2.65 hectares (6.56 acres) of pine / spruce plantation
with every fifth row (18%) in the southern block having been originally planted with
mixed deciduous (red oak, Hackberry and Bur Oak). The planting year was 2010 and
the St Clair Region Conservation Authority (SCRCA) were contracted to develop the
prescription, plant the trees and control weeds in the tree rows until 2013, the
landowner was also required to mow between the tree rows regularly to control
competing vegetation. There appears little evidence of survival of the mixed hardwood
species otherwise the young conifers in the plantations are adequately stocked.
Although stocking density is sparse in a few localized areas the pine/spruce plantation,
is considered to have reached a free to grow establishment phase where continued
maintenance will not be required. The ground flora appears to be dominated by
agricultural grasses and herbaceous plants typical of periodically mown agricultural
land.
The proposed clearing areas are adjacent to a 16.55 hectare (40.9 acre) mature
hardwood woodland which is recognized as significant woodland in the Middlesex
Natural Heritage Study (MNHS) and delineated on Schedule C of the County’s Official
Plan.
In accordance with the County’s no net loss policy the applicants are proposing to
replant an equivalent area of trees on a nearby farm, where the soils are not suitable for
Ginseng production. The area identified for replanting is located on Calvert Drive at
Part Lot 3 Concession 9 (Roll No. 391601406002800), Municipality of StrathroyCaradoc (former Township of Caradoc). The proposed area for replanting includes an
irrigation pond which will be left as a wildlife pond when Ginseng production ceases on
the farm property. It is noted that the newly planted area will not be connected to
existing significant woodland however it would be of sufficient size to be protected under
the Woodland Conservation By-law No. 5738.
It is noted that Schedule D (I) of the Woodland Conservation By-law No. 5738 stipulates
that exemption applications with an area that exceeds one hectare be the subject of an
Environmental Impact Assessment (EIS). However, staff believes this requirement was
intended for applications that involved clearing areas of existing native hardwood or
mixed woodlands, or those plantations that had reached an establishment phase
(typically closed canopy) where they would provide habitat to sensitive species, native
wildlife and woodland vascular plant species.
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The plantation subject of this application currently reflects the characteristics of young
coniferous plantation or as defined in the Provincial Ecological Land Classification
(ELC) system as “treed agriculture”. In this context, Council may consider waiving the
requirement for an EIS. If Council does not consider this an appropriate case for
waiving the EIS this requirement could be added to the conditions detailed below.
Stakeholder Consultation
The SCRCA have provided written comments (attached to the agenda) that provide
additional background to the 2010 replanting on the property and that oppose the
application for clearing. The SCRCA state:
“The area of trees to be cleared under the above noted application are
appropriately described as a Young Plantation and therefore the clearing of this
area does not represent the same standard as the clearing of a mature woodlot.
However, the agreement to replace the mature woodlot removed at the
Saxonville subdivision identified these areas as the most appropriate locations to
eventually restore the forest component of the local ecosystem. Therefore, the
SCRCA does not support removal of the trees under the above noted
application.”
The area proposed for clearing was part of the compensation tree plantings associated
with the Saxonville Estates plan subdivision (County File No. 39T-SC0601) located
nearby within Strathroy. As part of the subdivision approval process, 1.9 hectares (4.5
acres) of woodland were removed and 3.64 hectares (9 acres) were planted on the
subject lands, a portion of which is now subject of this exemption application.
Staff notes that Clause #15 of the Landowner Tree Planting Agreement (LTPA) between
St. Clair Region Conservation Authority and Cold Creek Development (previous owner)
stipulates that “If the owner sells the property, all obligations of the owner under this
agreement will cease”.
The SCRCA have also noted that:
“Due to the size of the area to be planted the project was eligible for a grant from
the Trees Ontario program as the project met the minimum planting area
requirements and that the landowner agreed to sign the agreement ensuring that
the trees would not be cut or removed for 15 years.”
The documents submitted by SCRCA indicate that the planting was in part funded by
the Province of Ontario ($1.35/tree), this appears to be a private funding agreement
between the previous landowner and does not appear to transfer with ownership.
Therefore any follow up by the funding partners would be deemed a private matter
between those parties and would not appear to involve the County if an exemption is
granted under the Woodland conservation By-law # 5738.
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Conclusion
There appear to be a number of merits and demerits to this application that should be
taken into consideration:
Merits:
1.
This application provides an opportunity to consolidate two smaller areas of
pine/spruce plantation into one area.
2.
The proposed replanting area will as a condition of exemption be planted to
native Carolinian species suitable to the site/soil conditions.
3.
Whilst the proposed replanting area would not be connected to existing woodland
it is expected to provide valuable refuge/lifecycle habitat for native wildlife.
Demerits:
4.
Removal of the trees planted in 2010 will result in a short-term loss of five years
of investment in tree establishment and growth.
5.
The proposed replanting area will be more remote from the area which was
originally cleared for subdivision development.
6.
The areas proposed for clearing are attached to and provide wildlife refuge and
connectivity between existing mature hardwood forest, the replanting area would
not be attached to existing woodland.
7.
Trees Ontario provided grant funding for the original planting, this was provided
through the SCRCA, and was subject to a 15 year agreement with the original
landowner.
RECOMMENDATION:
That the County waive its requirement for the completion of an Environmental Impact
Assessment (EIS) and that the application by Slegers Specialty Crops Ltd for council
exemption for clearing woodlands for conversion to agriculture at Part Lot 7,
Concession 10, Municipality of Strathroy-Caradoc (former Township of Caradoc), be
granted subject to the following conditions:
a) Payment of a refundable security deposit of $13,644.80 to be held by the County
of Middlesex until the Woodland Conservation officer is satisfied the newly
planted area is fully stocked and ‘free to grow’.
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b) A minimum of 2,650 native hardwood (Carolinian forest zone species) trees 3040cm tall bare root transplant stock of appropriate seed source/provenance be
planted and maintained across the replanting area until such time as they are
‘free to grow’.
c) Any tree clearing must occur outside the bird nesting season per the Migratory
Bird Convention Act (MBCA).
d) The newly planted area will be subject to an agreement registered on title of the
property, on Calvert Drive at Part Lot 3 Concession 9, geographic Township of
Caradoc (Roll No. 391601406002800), Municipality of Strathroy-Caradoc.
e) The applicant to provide the Woodland Conservation Officer with an annual
report signed off by a Registered Professional Forester documenting fulfillment of
the conditions applied to this exemption and the status of the replanting.
Attachment
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Figure 1- View east of the southern plantation proposed for clearing
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Figure 2 view southwest of the southern plantation proposed for clearing
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Figure 3 - view northwest of the north plantation proposed for clearing
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Figure 4 Map of Proposed Areas for Clearing
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Figure 5 Context Map showing area proposed for removal and replanting
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Figure 6 Map showing area proposed for replanting
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ASHB
Y CRE
S
APPLICATION FOR
COUNCIL EXEMPTION
APPLICATION NO. 2015-02
PIKE RD
Pursuant to
Woodlands Conservation
By-law No. 5738
Legend
O
B
EL
M
U
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N
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R
D
Slegers Specialty Crops Limited
25668 Melbourne Road
Part Lot 7, Concession 10
Municipality of Strathroy-Caradoc
25668
Subject Lands
Total Woodlot Area:
16.55 ha (40.9 ac)
Total Area Proposed to
be Cleared
2.65 ha (6.56 ac)
R
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0
190
Metres
1:10,000
Published by:
Planning Department
County of Middlesex
April 2015
380