[All] Costco: Request a Part II order

[Louisette Lanteigne]

Hi folks

The first reasonable step we (GREN) can take is to write to the MOE and MNR minister to request the implementation of a bump up to a Class EA schedule C process.

The reason Activa went to the OMB for the approval of the Columbia Road Extension was quite simple: They ran out of money. Their work on Wilmot Line EA processes were never ending due to so many ecological constraints and they could not reasonably recover the costs so the OMB allowed them to pave from Erb to the Columbia Road Extension as a means to circumvent the need to continue on with the EA. (Of course they ignored the ruling and paved up to the end of the Activa Subdivisions, but that's another issue.)

Here are the guidelines on what kind of project requires an EA and it's pretty straight forward: 

http://www.hamilton.ca/CityDepartments/PublicWorks/Environment_Sustainable_Infrastructure/StrategicPlanning/ClassEnvironmentalGuide.htm

We have are sensitive endangered species to the North of Wilmot line and adjacent to the Columbia Road Extension including Cerulean Warblers, Prothonotary Warblers, Acadian Flycatchers, Red Headed Woodpeckers, Jefferson's and Hybrids in ESPA 17 and suitable habitat in ESPA 19 etc.  We need data to prove this will not disturb habitats to the North so reasonably, if traffic is to significantly increase on Wilmot Line or on the Columbia Road Extension through Clair Creek by the Greyerbiehl subdivisions, we'll need noise studies and critical habitat delineations.  
	* We know this will result in higher emissions.

	* We know this will add road salt to the Greenbrook Well fields. (source of 5% of our municipal water)

	* We know traffic issues already exist.

	* Under the road there is gas, electrical and other infrastructure that will have to be MOVED. This means enormous associated costs. 

	* We have the reservoir that must be worked around. Poor sight-line is a major issue at that point. 
Years ago River Road was approved. You don't see that project up and running yet do you? Never underestimate the power of an EA process. The delay alone can kill this project if it reveals and substantiates the issues.  Either way it is logical to request the EA to secure the following: 

• Require the Region to conduct a “detailed receiving water assessment”, for the purpose of ‘avoiding
adverse impacts” to nearby water users, municipal drinking water supplies, aquatic habitats, fish
spawning and fish migration routes.
• that the data of the EA be peer and publicly reviewed.
• that a salt mitigation strategy is created to restore the water quality of this area to protect Species At
Risk, fresh water fish, water intakes and wells.
• that a proper noise study be conducted to determine impacts on area residents and area sensitive bird species in the area.

• that the technical requirements for the proposed road expansion be finally determined only after these
steps so the final design can take the studies fully into account in order to reasonably mitigate risks and
costs.

With incomplete hydrological assessment, lack of salt mitigation strategy, lack of noise reduction strategy, terrestrial reports, traffic study, emissions study, storm water management plan and the absence of critical habitat delineation for known species at risk that may be adversely impacted by this project, it is premature for us to assume this project can be built in compliance with the Endangered Species Act with 150/06 of the Conservation Authorities Act, the Clean Water Act and the Federal Fisheries Act etc. 

Again I will provide a quote from Environmental Planner Steven Rowe. 
“The project is essentially planned backwards – it is designed to meet regulatory requirements, rather than using
the EA to help determine what the requirements or objectives should be. An analysis of the actual environmental
effects of the project and its alternatives and the benefits to be gained at different levels and costs of mitigation
would have resulted in a much better basis for determining a well founded proposal, and would have more fully
met the purpose of the EA Act. The approach used in this ESR renders the Class EA process almost redundant.”

In the end, there is no political will to secure compliance to law or policy unless citizens have the courage and the will to actually defend it themselves. It is more cost effective for the city to violate their own policies than it is to comply and I've witnessed this for many years. The only way to stop this abuse of process is to sue, to go to the OMB or to demand compliance.

Lulu  
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20140409/881836e9/attachment.html>