[All] Email to council and MOE re: Waterloo North Water Supply & habitats at risk

Wed Feb 1 02:29:59 EST 2012

Top letter is to Regional Council, bottom email is the response sent to the MOE minister. 

Lulu 

----- Forwarded Message -----
From: Louisette Lanteigne <butterflybluelu at rogers.com>
To: Colleen McMullen <CMcMullen at regionofwaterloo.ca> 
Sent: Wednesday, February 1, 2012 2:26:33 AM
Subject: To Council re: Waterloo North Water Supply & habitats at risk

Dear Regional Council Members

This is in regards to the Waterloo North Water Supply Study

This project has an enormous draw down impacts projected that could adversely affect the North Waterloo Subwatershed, Laurel Creek Watershed by draining headwaters and vernal ponds of their water volumes. 

Since the Greenbrook wells are contaminated, this may be a way to divert water that would otherwise get contaminated OR it could be a way to degrade ecological constraints to allow for expanded development. Don't trust a fox with the job of watching chickens for heavens sake. The folks doing this study also profit from creating solutions from problems they may create!  When lands are degraded they can lose their protected status. I don't know which is the stronger motive, the development agenda or an actual demand for water. 

I'd be willing to bet that the Forested Hills and the ESL is by far the most studied urban forest system in all of Canada and that's mind boggling considering it's small size! This concentration of highly rare species in such a compact area is virtually unheard of. This area has been studied for it's geology, biology, hydrology, sediment composition, watershed systems, fisheries, etc.  One could not reasonably replicate this process for any other forest due to the enormous costs it would entail. All the master's thesis, university studies, developer's reports, hydrology studies, biological studies being conducted by some of Canada's top experts all on this relatively small tract of land.  We have the perfect universities in our community who can benefit from this biological/scientific geological inventory. The data gathered from these species and this particular habitat could foster the recovery programs needed to protect biodiversity at the
 global level. We should not squander the opportunity to appropriately protect it. 

I would like to propose that all of ESPA 19 and 17, Schneider's woods and adjacent ESPA's  be included for Natural Heritage Status as a single Natural Heritage System. The wealth of data on these lands makes it  exceptional. This is literally one of the most studied forest systems in all of Canada. This can't be replicated. Imagine a museum of Natural History to showcase the findings of this particular forested area. These woods inspired the first watershed study, it sits beside a heritage mennonite roadway, it is primary recharge, it is the headwaters, it has a natural amphitheater, it has a bounty of rare species reflecting a healthy biodiversity. It has inspired study after study by some of Canada's top experts. So many souls devoted time and energy to protect and nurture these lands from Mr. McNally to the Schneider family. There is so much material to work with. It's an absolute jewel of national significance. Contact Nature Canada to see if
 it qualifies as a natural heritage area for the legacy of data it has provided for Academia.  
Let it continue to inspire so that we can create the solutions the world needs to see.

I've sent to the MOE minister my feedback re:  the Waterloo North Water Supply Municipal Class EA and the serious risk it poses to the habitats for threatened and endangered species, particularly in the shallow vernal ponds in the Waterloo West Side. The drawdown effect could result in the degradation of our headwaters, the ESL and destruction of vernal pond habitats. If the draw down fosters drought in these sandy hills, we could lose our forests. 

Below is the email I've sent to the MOE and MNR regarding this project. Please share with the appropriate Regional staff for their reference. 

Thank you kindly for your time. 

Louisette Lanteigne
700 Star Flower Ave.
Waterloo Ont
N2V 2L2

----- Forwarded Message -----
From: Louisette Lanteigne <butterflybluelu at rogers.com>
To: "ADomaratzki at regionofwaterloo.ca" <ADomaratzki at regionofwaterloo.ca>; "Patty.Quakenbush at aecom.com" <Patty.Quakenbush at aecom.com>; "minister.moe at ontario.ca" <minister.moe at ontario.ca> 
Cc: "commissioner at eco.on.ca" <commissioner at eco.on.ca>; "minister.mnr at ontario.ca" <minister.mnr at ontario.ca> 
Sent: Wednesday, February 1, 2012 12:48:17 AM
Subject: Waterloo North Water Supply & Impacts to Threatened/Endangered Species

Hello

This letter is in regards to the Waterloo North Water Supply Municipal Class EA Schedule C, taking place in the City of Waterloo.  A new well is being recommended by AECOM to be placed on Conservation Drive at a location called Laurel Tank. 

The wide spread draw-down impacts as noted in the EIS reports and Hydrology Report  regarding the Laurel Tank proposed well are projected to impact the water table within Environmentally Sensitive Protected Area ESPA 17 and ESPA 19 which are habitats for the following threatened and endangered species include:

All 4 varieties of the Jefferson Complex  (Laurel Creek Watershed Study.)
Acadian Flycatcher (EIS studies & Regional tendering report notes it)
Western Chorus Frogs & Mink Frogs, Cricket frogs (Frogwatch, Ontario Vernal Pond, Laurel Creek Watershed study) 
Prothonotary Warbler (via. Pers. Communications with Lyle Friesen )
Rainbow Mussel (Clair Creek/Monestary Creek) Residents saw racoons eating them by the creek.

Species of Concern confirmed in these ESPA's include: 
Red Headed Woodpecker
Hooded Warbler
Cerulean Warbler

The list is not comprehensive.  For further information on the biodiversity of this area, please contact the following experts who have personally conducted studies within ESPA 17/19 area regarding Birds, Fish and Amphibians. 

Lyle Friesen, song bird biologist at : Wildlife.Ontario at ec.gc.ca
Ted Cheskey, Nature Canada's Manager, Bird Conservation Programs  tcheskey at naturecanada.ca
Associate Professor Tom Woodcock at Wilfrid Laurier re: Amphibians 
Dr. Dean Fitzgerald President of the Ontario Chapter of the American Fisheries Society president at afs-oc.org

A small portion of the public information regarding the rare species located in ESPA 17 & 19 can be viewed online here:
http://waterloomoraineact.com/birdsespa19.htm 

ESPA 17 & 19 contains kettle pond habitats featuring unique microclimates and old growth mixed forests, swamp lands and agricultural lands. Much of the area is primary recharge for the Waterloo Moraine and the ESPA 19 and 17 areas feed into the cold water trout fishery of Monestary Creek as well as Clair Creek. There is a high volume of regionally significant species condensed in this particular area, both terrestrial and aquatic. The old growth trees still stand due to the steep grading of the land. Many of the endangered species are area sensitive and require large tracts of undisturbed forests open water and field areas for breeding/feeding/migratory habitat.  The healthy amphibian populations is due to the presence of coyotes who help to control raccoon populations protecting the vernal ponds from over predation.  

I went to the OMB to protect natural features of ESPA 19 via OMB appeal PL071044 where my expert ichthyologist Dr. Dean Fitzgerald and Senior Hydrologist Stan Denhoed gave sworn testimony that helped to secure full protection for the capture zones of the vernal pond habitats in ESPA 19. To view the signed off experts minutes that validated the need to protect these vernal ponds,  you can visit here: 
http://waterloomoraineact.com/expertminutes.htm

Provisions exist to protect the habitat of threatened species in the provincial Policy Statement 2005:
1 Natural Heritage
1.1 Natural features and areas shall be protected for the long term.
1.2 The diversity and connectivity of natural features in an area, and the long-term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features. 

2.1.3 Development and site alteration shall not be permitted in:
	1. significant habitat of endangered species and threatened species;
	2. significant wetlands in Ecoregions 5E, 6E and 7E1; and
	3. significant coastal wetlands. 
1.4 Development and site alteration shall not be permitted in:
	1. significant wetlands in the Canadian Shield north of Ecoregions 5E, 6E and 7E1;
	2. significant woodlands south and east of the Canadian Shield2 ;
	3. significant valley lands south and east of the Canadian Shield2;
	4. significant wildlife habitat; and
	5. significant areas of natural and scientific interest 
unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions.
1.5 Development and site alteration shall not be permitted in fish habitat except in accordance with provincial and federal requirements.
1.6 Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies 2.1.3, 2.1.4 and
	1. unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. 
When it comes to the Endangered Species Act 2007 the most current law alwaysapplies. This provincial law cannot be "grandfathered" to an older, less protective version. The logic for this is due to the fact that the government views any threats to existing threatened or endangered species and their habitats as a current threat so current law stands. This information was confirmed to me by Senior MNR policy adviser Gail Jackson on October 6, 2011 as per our telephone conversation.

The Endangered Species Act protects threatened and endangered species as well as their habitats. The definition of Jefferson Salamander habitat in Ontario according to the Endangered Species Act as consolidated on July 1 2011 states: 

Jefferson salamander habitat
 For the purpose of clause (a) of the definition of "habitat" in subsection 2 (1) of the Act, the following areas are prescribed as the habitat of the Jefferson salamander:
 In the City of Hamilton, the counties of Brant, Dufferin, Elgin, Grey, Haldimand, Norfolk and Wellington and the regional municipalities of Halton, Niagara, Peel, Waterloo and York,
i. a wetland, pond or vernal or other temporary pool that is being used by a Jefferson salamander or Jefferson dominated polyploid or was used by a Jefferson salamander or Jefferson dominated polyploid at any time during the previous five years,
ii. an area that is within 300 metres of a wetland, pond or vernal or other temporary pool described in subparagraph i and that provides suitable foraging, dispersal, migration or hibernation conditions for Jefferson salamanders or Jefferson dominated polyploids,
iii. a wetland, pond or vernal or other temporary pool that,
A. would provide suitable breeding conditions for Jefferson salamanders or Jefferson dominated polyploids,
B. is within one kilometre of an area described in subparagraph i, and
C. is connected to the area described in subparagraph i by an area described in subparagraph iv, and
iv. an area that provides suitable conditions for Jefferson salamanders or Jefferson dominated polyploids to disperse and is within one kilometre of an area described in subparagraph i. O. Reg. 436/09, s. 1.

If the City, Region or developers etc. encroach upon habitat areas during construction, in a manner that will harm disturb or kill threatened or endangered species, they must by law, make a Ministry request to  ask permission to do so. This means the utilization of the Endangered Species Act section 17 2 c)  to request permission. No land augmentations in the protected area can take place without this permit. That is how the law is designed. 

Unfortunately, on October 4th 2011, I took the following video where Waterloo Regional Planning Staff are saying to Regional Council that they "Don't need a permit"  to kill Jefferson Salamanders. This footage was in regards to a proposed roadway called the River Road Extension that the Region wants to place in Hidden Valley, the location of the largest population of Jefferson Salamanders in Canada according to Dr. Jim Bogart of the Jefferson Salamander Recovery Team.  Here is a link to the video footage: 

http://www.youtube.com/watch?v=EdRuYRIQdJ

According to the discussion I had with MNR senior policy advisors, the law demands that there must be a NET BENEFIT for the species. If one is killed, they must be replaced by two or more live specimens per kill and they must expand on the delineated protected habitat area to assure the improved survival rates of the remaining specimens in the area. The provincial and federal government are bound by international treaties to meet their obligations to protect biodiversity and this provincial law is to assure that conservation efforts are reasonably met.

The process to secure a kill permit must pass through several review agencies and signing officers. A single application can take up to 7 years before a permit is issued. It  must be signed three times by various review agencies including  MNR staff, the deputy minister, the MNR ministers and others. Prior to the issuance of permit the request be posted on the Environmental Bill of Rights Registry for public comment.  ALL alternative designs submitted by city planners, developers AND the public can be reviewed at this phase and the decision that best balances needs of the threatened/endangered species and planning needs can be implemented. If there is no reasonable way to secure a net benefit of the species, the request will be denied. 

In regards to this proposed well system, I have not seen any evidence that the city and/or AECOM has filed with the Environmental Registry and reasonably proven net benefit to protect all threatened and endangered species in the affected draw down area. In fact I see no mention of Jefferson salamanders or the numerous species that I have eye witnessed and/or noted within the AECOM EIS report. The Region has a registry for endangered species and Kevin Eby stated in council that Jeffersons exist in ESPA 17. He notes there was never DNA samples done so they don't know if they were hybrids or not, but Guelph MNR officer Ken Cornelisse confirmed where potential Jefferson breeding ponds were during my OMB process. 

It is not unreasonable to state draw down can have dramatic impacts to shallow vernal pond habitats and shallow headwater areas or that the lack of water will adversely impact these populations of threatened and endangered species. It can also have adverse impacts to the cold water trout fishery in Monastery creek. I see no reasonable data to show these resources will be reasonably protected or that the protocols to protect rare species and fisheries is reasonably being met. 

It is premature to accept this proposal until a proper study has been conducted to determine the presence of Jefferson Salamanders and other rare species within the drop down zone. The vernal pond habitats they rely on are at risk. 

In closing, I will leave you with a quote from the Environmental Commissioner of Ontario, Gord Miller which was stated during the recent release of the Ontario Biodiversity Report. He states, "the federal government has promised, during the current International Decade for Biodiversity, to conserve biodiversity on behalf of all Canadians." It is imperative that the Government of Ontario acts quickly and come up with a plan to implement those commitments.  This requires a new Biodiversity Strategy. Rhetoric alone will not suffice.”

Thank you kindly for your time.

Louisette Lanteigne
Star Flower Ave.
Waterloo Ontario
N2V 2L2
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