[All] West Side Lands: Letter to Ministries, City and Region etc.

Mon May 16 14:45:38 EDT 2011

FYI

--- On Mon, 5/16/11, Louisette Lanteigne <butterflybluelu at rogers.com> wrote:

From: Louisette Lanteigne <butterflybluelu at rogers.com>
Subject: Fw: RE: 2010 Land Bird Monitoring report for ESAP 19 & piezometer data.
To: commissioner at eco.on.ca, "Ken (MNR)Cornelisse" <ken.cornelisse at ontario.ca>, "Wildlife Ontario/Faune" <Wildlife.Ontario at ec.gc.ca>
Cc: keby at regionofwaterloo.ca, csargeant at regionofwaterloo.ca, brenda.halloran at waterloo.ca, scott.witmer at waterloo.ca, karen.scian at waterloo.ca, angela.vieth at waterloo.ca, diane.freeman at waterloo.ca, mark.whaley at waterloo.ca, melissa at melissadurrell.ca, jeff at jeffhenry.ca, ljeffrey.mpp.co at liberal.ola.org, hhampton-qp at ndp.on.ca, cbentley.mpp at liberal.ola.org, rbartolucci.mpp.co at liberal.ola.org, tim.ryall at ontario.ca, jwilkinson.mpp.co at liberal.ola.org, "justin duncan" <jduncan at ecojustice.ca>
Date: Monday, May 16, 2011, 2:44 PM

Dear Hon. Ministers, City and Regional Council members
This concern regards three proposed subdivisions known collectively as the West Side Lands in Waterloo Ontario.
250 Wilmot Line Municipal File 30T-05402340 Wilmot Line Municipal File 30T-05403450 and 500 Wilmot Line Municipal File 30T-97024These properties have been subject to multiple OMB Processes. I was involved in 2 of the three.
In regards to OMB hearing PL091182, a 2010 land bird monitoring report was mandated and in OMB hearing PL071044 dating back to December 2009, a mini piezometer was mandated by the OMB settlement conditions to assure the protection of water flow and flow rates heading into Clair Creek, a known fishery. This area and Clair Creek contains primary recharge for our municipal groundwater supply. Water infiltrates
 directly to our deep aquifers in this zone. This area has confirmed sightings of threatened and endangered species including the Endangered Acadian Flycatcher, noted multiple times in environmental impact studies and other reports as a species found in Environmentally Sensitive Protected Area 19, the forest that sits directly adjacent to these proposed subdivisions. I have built a website showing the data on these birds here at:
http://www.waterloomoraineact.com/birdsespa19
I have
 previously voiced concerns regarding issues of non compliance towards OMB case PL071044 due to the fact grading and dewatering of Clair Creek took place prior to the installation of the OMB mandated mini-piezometers. I have secured  documents to clearly prove that the City of Waterloo and
 GRCA allowed for this. Here's a quick webpage about this issue:
http://waterloomoraineact.com/ombcompliance.htm
Because my family spent $27,000 to secure the OMB ruling, we couldn't afford to go back to court to secure compliance to get a stop order when construction was witnessed.  I tried to get the city to stop the damages and even issued a cease and desist letter but it was ineffective. The damages are extensive. They have dramatically augmented the hydrology of this entire area prior to securing the baseline data. 
On May 6th
 2010, in another OMB ruling involving these same properties, the ruling mandated that land bird monitoring must be done to prevent the disturbance or destruction of habitat for migratory bird species both on site and on the adjacent lands. A land bird monitoring report was mandated by the OMB and conducted by Lyle Friesen in 2010. Prior to receiving the results of this data further land augmentations have taken place on Vista Hills and Clair Creek Meadows.  I am in the process of securing the City of Waterloo permits that authorized this work.
Here is the wording taken from OMB ruling for PL091182 that secured retesting for the birds PRIOR TO UNDERTAKING THE ACTIVITIES: ________________________________________________
Regional Municipality of Waterloo Condition No. 39 – Draft Plan of Subdivision 30T-05402Revised Condition 39. 
That
 the Owner enter into an agreement with the Regional Municipality of Waterloo to not undertake any land clearing, earthen works, grading and/or servicing activities (the “Activities”) between April 1 and September 10, unless a nesting survey is undertaken for PL091182- 2 -areas affected by the Activities (the “Affected Area”) that demonstrates that the Activities will not have the potential to disturb or destroy migratory birds or their active nests.  The nesting survey shall include:a.) written and photographic records of all active breeding bird nests in the Affected Area;b.) a mitigation plan detailing protective measures to safeguard any identified active breeding birds and their nests; and,c.) an affidavit from the author confirming compliance with the Migratory Bird Convention
 Act.The nesting survey shall be:a.) undertaken by a qualified avian biologist acceptable to the Regional Municipality of Waterloo and the City of Waterloo;b.) undertaken immediately prior to the commencement of the Activities;c.) submitted to the Regional Municipality of Waterloo and the City of Waterloo at least ten (10) business days in advance of undertaking the Activities.  The Owner agrees to fully implement the mitigation plan prior to undertaking the Activities.  All provisions in this condition shall be to the satisfaction of the Regional Municipality of Waterloo and the City of Waterloo.  
This OMB ruling in full can be viewed here:
http://www.omb.gov.on.ca/e-decisions/pl091182-May-06-2010.pdf
I requested to secure a copy of the landbird monitoring report as well as the mini piezometer data from the City of Waterloo to see if the OMB mandated testing has been done and this is the response I received from city staff just today:_________________________________________________________

--- On Mon, 5/16/11, Robyn McMullen <Robyn.McMullen at waterloo.ca> wrote:

From: Robyn McMullen <Robyn.McMullen at waterloo.ca>
Subject: RE: 2010 Land Bird Monitoring report for ESAP 19 & piezometer data.
To: "butterflybluelu at rogers.com" <butterflybluelu at rogers.com>
Cc: "Joel Cotter" <Joel.Cotter at waterloo.ca>
Date: Monday, May 16, 2011, 12:02
 PM

Hello Ms. Lanteigne, 

Development Services staff have not yet received the 2010 Land Bird Monitoring Report or the piezometer monitoring data. The Land Bird Monitoring Reports are
 typically submitted to Public Works Services staff and then forwarded to Development Services staff. I have sent an email enquiring about the status of the 2010 report. Also, the monitoring reports that contain the piezometer data are generally submitted in
 May of each year, so I anticipate it will be received any day know. When it is received, I will be sure to let you know and a time for you to pick up or review the data can be coordinated. 

Kind regards, 

Robyn McMullen, MCIP, RPP 
Policy Planner - Environmental 
Development Services 
City of Waterloo 
100 Regina St. S., Waterloo, ON  N2J 4A8 
P: 519-747-8531 | F: 519-747-8523 
E:  
TTY: 1-866-786-3941 
  At this time I would like to reach out to our municipal officials and provincial ministries for direction because I believe if we allow land augmentations to take place before securing these key documents there will be harm to fisheries and the habitats of rare species. In my view it is not reasonable to allow the damages to take place prior to securing this data and assume it is compliant to the OMB rulings nor is it reasonable to expect municipalities to police themselves when it comes to assuring compliance to OMB Processes. From what I am witnessing, that strategy does not appear to be working effectively. 
It is illegal to harm or harass threaten and endangered species under section 9 of the ESA but how will the City, Region and MNR secure that no harm will come by way of this subdivision development? How can the MNR secure no harm will come if there are activities already taking place on site before we have the baseline data to identify critical habitat?
Is there a way to put a stop order in place until the city has had the time to review and implement the findings of the OMB mandated data in order to mitigate risks to fish and rare species?
Is there any ministry that can be of assistance in regards to this matter? If so please contact me.
It is my hope that you will take the time to carefully review this issue. I have dedicated years of my life trying to protect the rare species of this area. Please help to secure compliance towards these OMB processes while protecting our fish and the habitats of protected species. 
Thank you kindly for your time.
Louisette Lanteigne700 Star Flower Ave.Waterloo Ontario
N2V 2L2 

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