[All] Feedback to GRCA and concern for West Side Lands Map

Fri Jul 22 02:00:21 EDT 2011

Hi folks
Here is the response I've shared with the GRCA regarding the delineation of our Watershed Boundary and more recently, concerns with maps being used currently for the West Side Lands. 
The concern linking both projects: The delineation of capture zones aka: the mapping of where water flows. 
Lulu

--- On Fri, 7/22/11, Louisette Lanteigne <butterflybluelu at rogers.com> wrote:

From: Louisette Lanteigne <butterflybluelu at rogers.com>
Subject: RE: Highland Quarry is in Grand River watershed
To: "Dave Schultz" <dschultz at grandriver.ca>
Cc: "Fred Natolochny" <fnatolochny at grandriver.ca>, "Gregg Zwiers" <gzwiers at grandriver.ca>
Date: Friday, July 22, 2011, 1:16 AM

Hello Mr. Schultz, Mr. Natolochny, Mr. Zwiers
Thank you for your response to my previous email. The dialogue is appreciated. 
As Mr. Schlutz suggested I went to the GRCA mapping tool and successfully viewed the topography however there is a more detailed map of the topography provided in the attachment which shows that capture zones of the Grand River Watershed are actually located within portions of the proposed Highland Quarry. It appears to show a greater Hydrologic connectivity than what the currently GRCA mapping program suggests. 
Did Stantec play a roll in providing the baseline data that resulted in revising the Grand River Watershed boundry and did the timing of that change overlap with work being done for the Highland Quarry? If so this may pose a conflict of interest. 
Having studied numerous proposals I have frequently encountered concerns regarding Stantec's ability to
 reasonably delineate capture zones in regards to projects such as Mount Nemo in Burlington, the Highland Quarry and the West Side Lands in Waterloo. The PPS 2005 is quite specific at the need to reasonably identify risk to onsite and adjacent natural features as noted in policies 2.1 to 2.6 and in order to mitigate risk, we really need to bump up the scrutiny on capture zone areas. 
I went to the Ontario Municipal Board to contest the lack of protection for the capture zone affecting vernal pond W-12 which is located in ESPA 19 adjacent to the West Side Lands. The pond wasn't even identified in many of the
 reports in spite of it's ecological significance to the area.  In the expert's minutes, Stantec, the City of Waterloo and my hired experts signed off that pond W-12 "shall be protected". The MNR stated that "nothing" can be built in the capture zone of that pond.  Water volumes, water quality flow and flow rates must be protected. To view the map of the capture zone and witness statement of my senior hydrologist Stan Denhoed please see the attachments.  
The draft plan of subdivision as initially drawn back in 2006, was clearly in violation of policy because it showed roads and housing overlapping this area. This issue was addressed in the experts minutes under two categories: Amphibians and Water. Here is a
 copy of the expert's minutes at this link:
http://waterloomoraineact.com/expertminutes.htm
The final ruling for OMB case PL071044 took place December 18, 2008 and on page 7 of the ruling it recognizes the expert's minutes as the resolution to the issues and that the agreed upon conditions "Will stand" but the current draft plan for
 Vista Hills has not changed and it still being used for today's planning approval processes in spite of the fact it currently shows a plan that blatantly violates the Board Ruling.  The ruling was filed as Superior Court Order C-280-10 in August 2009. I recently raised the matter of this flawed map in Waterloo City Council on July 18, 2011 in hopes that a revision of the map will follow to reflect the Board ruling.  The current non-compliant map of Vista Hills can be viewed on page 13 of the attachment titled Revised Packet Council Meeting. GRCA staff should be aware of the fact that this current map is technically non-compliant to a Superior Court Order now in effect. 
Thank you kindly for your time. 
Louisette Lanteigne700 Star Flower Ave.Waterloo Ontario
N2V 2L2

--- On Thu, 7/21/11, Dave Schultz <dschultz at grandriver.ca> wrote:

From: Dave Schultz <dschultz at grandriver.ca>
Subject: RE: Highland Quarry is in Grand River watershed
To: "Louisette Lanteigne" <butterflybluelu at rogers.com>
Cc: "Fred Natolochny"
 <fnatolochny at grandriver.ca>, "Gregg Zwiers" <gzwiers at grandriver.ca>
Date: Thursday, July 21, 2011, 9:39 AM

Hi Louisette, 

As I said in my earlier e-mail, when the source protection planning process was launched in Ontario, work was done to formalize the watershed boundaries. This
 was done to sort out some anomalies that had been identified in watershed boundaries in several places in Ontario. It involved provincial government and conservation authority staff. 

This was done  under the “Ontario Regulation 284/07 – Source Protection Areas and Regions” which you can see here:

http://www.search.e-laws.gov.on.ca/en/isysquery/3e40cbb5-6d7e-40cf-a8b0-96ecd0a40f26/5/doc/?search=browseStatutes&context=#hit1

(Note: Under the Clean Water Act, a Conservation Authority’s area of jurisdiction is known as a “source protection area.”) 

The regulation says: 
(2) The boundaries of each source protection area established under section 4 of the Act are altered to the boundaries described for the area on a CD-ROM disk labelled "Source Protection Area Boundaries V
 2.0" and dated November 25, 2009 that is kept in the office of the Director of the Ministry's Source Protection Programs Branch. O. Reg. 285/10, s. 1 (1). 
Version 1.0 of the map was dated May 15, 2007. A new map (V 2.0) was produced in 2009 to reflect
 updates relating to conservation authorities in the Trenton area and the regulation was amended in 2010. Our boundary was not affected by amendment. 
The boundary identified in Reg. 284 is the one we use for all our business and is the one shown on
 the map attached to our submission to the MNR on the Highland Quarry application. 
You can use our on-line mapping tool to see the watershed boundary as contained in the regulation.
 Click on “Create a map” on this page of our website: 
http://www.grandriver.ca/index/document.cfm?Sec=63&Sub1=0&sub2=0  Once you are in the mapping tool, select “Layers” and then “Jurisdictions” and you can click on the check box to turn on either “watershed boundary” or “source protection boundary” 
I trust this clarifies the matter sufficiently and that we can now bring this discussion to a close. 
Dave Schultz

Manager of Communications

Grand River Conservation Authority

(519) 621-2761 Ext. 2273

dschultz at grandriver.ca

www.grandriver.ca

Follow us on...

From: Louisette Lanteigne [mailto:butterflybluelu at rogers.com]

Sent: July-20-11 11:38 PM

To: Dave Schultz

Subject: RE: Highland Quarry is in Grand River watershed 

Hello Mr. Schlutz 

First off I'd like to thank you for the response you've provided. It is greatly appreciated to have someone willing to dialogue on issues of this nature. It's an overwhelming
 project so it's important that we clarify what maps are being used by whom. 

Is the official stance of the GRCA that the map which I provided to you in my previous letter on July 20th as produced by Helen
 Purdy of Stantec is incorrect?

Also, if the delineation of the mapping was changed, what specific scientific data was used to support that decision? I would like to personally
 review that material if possible. Do you know what date this delineation was authorized and by whom? Did all the affected conservation areas partake in this decision? 

Please respond in writing.  

Louisette Lanteigne 

700 Star Flower Ave. 

Waterloo Ontario

N2V 2L2

--- On 
Wed, 7/20/11, Dave Schultz <dschultz at grandriver.ca> wrote: 

From: Dave Schultz <dschultz at grandriver.ca>

Subject: RE: Highland Quarry is in Grand River watershed

To: "Louisette Lanteigne" <butterflybluelu at rogers.com>

Date: Wednesday, July 20, 2011, 3:47 PM 

Hi Louisette, 
Thanks for your e-mail. We have had that question come up several times, so we have examined it fairly closely. 
The map you attached does not show the current, official, legal watershed boundary. 
I’ve attached a copy of our submission to the MNR from April 26 which shows the boundary. 
I’ve also attached another map from the Highland submission which also shows the boundary. 
Watershed boundaries were adjusted a few years ago as part of the source protection planning process. It is possible that Stantec used an older watershed
 boundary map but you would have to ask them that question. 
In any event, the small area that has attracted your interest may have been a pocket which did not drain to either the Nottawasaga or the Grand systems.
 In pre-settlement, pre-farming days it may have been a wetland with no surface water outlet. 
It’s up to you to decide which map you want to accept. 
However, as to your larger point, we are, of course, aware that surface and groundwater flows can, and often are, different. 
We have said consistently that we are indeed concerned about potential impacts from the Highland Quarry on groundwater in the Grand River watershed
 particularly in the area near the site. 
We have also said that we do not yet have enough information from Highland to determine exactly what that impact will be under different scenarios
 (e.g. pumping, no pumping, etc.). 
Our comments to the ministry spelled out the nature of our groundwater concerns in considerable detail. I trust you’ll find them informative. 
Dave Schultz

Manager of Communications

Grand River Conservation Authority

(519) 621-2761 Ext. 2273

dschultz at grandriver.ca

www.grandriver.ca

Follow us on...

From: Louisette Lanteigne [mailto:butterflybluelu at rogers.com]

Sent: July-20-11 2:48 PM

To: Dave Schultz

Subject: Highland Quarry is in Grand River watershed 

Mr. Schultz

According to the map in the attachment, the Highland Quarry is taking place in parts of the Grand River Watershed. Have Grand RIver Conservation Authority Staff reviewed this? It is produced by Stantec.

The fact is, current watershed delineation is only based on surface topography without any regard to the subsurface connectivity. The MODFLOW used for the Highland Quarry was  based on the premise that the aquifers are contained when in fact they are not. They
 connect to our watershed. 

I've spoken with the elders of the Mohawk Turtle Clan who have stated that for generations they knew this area to be the headwaters for the Grand because the underground water flows our direction. As the wells were dug here, they found fish under ground. The
 current flows to the Grand River. 

Does the GRCA have regard for the subsurface geology of the area when they state it is outside of our watershed? Have staff had the chance to view the attached map? 

In light of the attached map, is it still the view of the GRCA that our watershed will not be affected by this project?

Please respond in writing. 

Thank you kindly for your time.

Louisette Lanteigne

700 Star Flower Ave.

Waterloo Ontario

N2V 2L2 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20110721/3d544e28/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 930 bytes
Desc: image001.png
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20110721/3d544e28/attachment.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 946 bytes
Desc: image002.png
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20110721/3d544e28/attachment-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 862 bytes
Desc: image003.png
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20110721/3d544e28/attachment-0002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.jpg
Type: image/jpeg
Size: 13568 bytes
Desc: image004.jpg
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20110721/3d544e28/attachment.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 930 bytes
Desc: image001.png
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20110721/3d544e28/attachment-0003.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 946 bytes
Desc: image002.png
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20110721/3d544e28/attachment-0004.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 862 bytes
Desc: image003.png
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20110721/3d544e28/attachment-0005.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.jpg
Type: image/jpeg
Size: 13568 bytes
Desc: image004.jpg
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20110721/3d544e28/attachment-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 930 bytes
Desc: image001.png
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20110721/3d544e28/attachment-0006.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 946 bytes
Desc: image002.png
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20110721/3d544e28/attachment-0007.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 862 bytes
Desc: image003.png
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20110721/3d544e28/attachment-0008.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.jpg
Type: image/jpeg
Size: 13568 bytes
Desc: image004.jpg
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20110721/3d544e28/attachment-0002.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 930 bytes
Desc: image001.png
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20110721/3d544e28/attachment-0009.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 946 bytes
Desc: image002.png
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20110721/3d544e28/attachment-0010.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 862 bytes
Desc: image003.png
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20110721/3d544e28/attachment-0011.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.jpg
Type: image/jpeg
Size: 13568 bytes
Desc: image004.jpg
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20110721/3d544e28/attachment-0003.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 930 bytes
Desc: image001.png
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20110721/3d544e28/attachment-0012.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 946 bytes
Desc: image002.png
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20110721/3d544e28/attachment-0013.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 862 bytes
Desc: image003.png
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20110721/3d544e28/attachment-0014.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.jpg
Type: image/jpeg
Size: 13568 bytes
Desc: image004.jpg
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20110721/3d544e28/attachment-0004.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: 2.4_KarstTopography_8-Apr-2010.pdf
Type: application/pdf
Size: 2999685 bytes
Desc: not available
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20110721/3d544e28/attachment.pdf>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: 20110718_Revised_Packet_Council_Meeting.pdf
Type: application/pdf
Size: 712622 bytes
Desc: not available
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20110721/3d544e28/attachment-0001.pdf>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: standenhoedwitnessstatement.pdf
Type: application/pdf
Size: 304704 bytes
Desc: not available
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20110721/3d544e28/attachment-0002.pdf>