[All] Fw: Barrie's Lake & concerns for patterns of non compliance.

Fri Apr 11 14:21:24 EDT 2014

Hi folks

After all these years I'm running out of public processes to use to secure reasonable planning practices to protect rare species. This email is future evidence for the courts if they don't change their path. I'm seriously running out of other options to use.  Their conduct continues to be shamefully negligent of reasonable planning protocols but I keep throwing them the chance to do the right thing here. If not my affidavits are pretty much ready for the solicitor(s) who wishes to pick up the gauntlet. 

Lulu 

----- Forwarded Message -----
From: Louisette Lanteigne <butterflybluelu at rogers.com>
To: "cgosselin at regionofwaterloo.ca" <cgosselin at regionofwaterloo.ca>; Cornelisse Ken <ken.cornelisse at ontario.ca>; "Michael.simpson at ontario.ca" <Michael.simpson at ontario.ca>; "Andrew.Donnachie at ontario.ca" <Andrew.Donnachie at ontario.ca>; "Leona.Aglukkaq at parl.gc.ca" <Leona.Aglukkaq at parl.gc.ca>; "stephane.dion at parl.gc.ca" <stephane.dion at parl.gc.ca>; justin duncan <jduncan at ecojustice.ca>; "anna at wildlandsleague.org" <anna at wildlandsleague.org>; "anneb at ontarionature.org" <anneb at ontarionature.org>; "alintner at ecojustice.ca" <alintner at ecojustice.ca>; Wildlife Ontario/Faune <Wildlife.Ontario at ec.gc.ca> 
Sent: Friday, April 11, 2014 2:11:01 PM
Subject: Barrie's Lake & concerns for patterns of non compliance. 

Hello Mr. Gosselin and Mr. Cornelisse et al.

I am taking the liberty to contact both ministry and NGO's to raise concern about a pattern that I've observed at the MNR and Regional Level that flags issues of non compliance with the Species At Risk Act, (SARA) and the Ontario Endangered Species Act. (ESA) 

Report:  EEAC-13-0116 dated December 17, 2013 regarding  PROPOSED HIGHLAND RIDGE WEST PLAN OF SUBDIVISION, CITY OF CAMBRIDGE, GILHOLM MARSH [E.S.P.A. 58] AND BARRIE’S LAKE [E.S.P.A. 57]  states on the page marked 32 the following: 

It is understood that groundwater recharging on the subject property flows to the kettle lakes(considered to be surface expressions of the local water table) and Provincially 
Significant Wetlands within E.S.P.A.s 57 and 58, indicating that there may be a groundwater ‘divide’ on the subject lands. For these reasons, the subject lands are considered 
“contiguous” to E.S.P.A. 57, E.S.P.A. 58 and E.S.P.A. 59 according to the definition in the Glossary of Terms (ROPP). 

I have a Region of Waterloo document in the attachment that confirms the presence of Jefferson salamanders and Silvery (jefferson hybrids) in ESPA 59. Please view the attachments. Seeing that 59 is contiguous with 57 it seems irresponsible to not include habitat delineation and habitat expansion range analysis on known habitats that may cross into ESPA 57. With Blue spotted, yellow spotted confirmed in ESPA 57 I find it highly improbable that this area would NOT contain Jefferson's or their hybrids seeing that they were already identified.

The PPS allows for the inclusion of adjacent properties under the protection of the PPS to keep compliant to the mandate of both ESA and SARA. It states: 

2.1.6 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 2.1.5 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.

In light of that passage I would like to request the following information 

Wildlife collector's permits used for amphibian surveys specific to the area of Barrie's Lake including work conducted on 57, 58 and 59. 

Any related Herptofaunal data including field notes

Any critical habitat delineation related to this project including critical habitat requirements for species on adjacent lands or ESPA's.

Also I would like the following answers in email response please. In writing. 

Were egg masses of salamanders surveyed in regards to this project? 

Were submerged fist traps used to determine the presence of fish? 

Were there studies for rare molluscs in regards to this area or in the receiving waters? 

I would like to know what Class of EA we have here. Is this a Schedule C process? If so what stage are we at. 

Has the Region submitted the Notice of Completion for the Class EA yet? If so when? 

Does any data exist to clearly identify a reasonable threshold for chloride loadings in Barries lake or the associated tributaries? If so what are those levels? 

Please see attachment for details on the impacts of Road Salt on benthic invertebrae communities. Salt and shrimp may be tasty on a dinner plate but it's a bad mix in a salamander habitat. Salt kills fairy shrimp which are a primary food source for salamanders and other animals of the area.   

The area is a designated PSW and ESPA and yet sections of Barrie's Lake are being EXCLUDED from protection. The proponents intend to discharge Storm Water Runoff into this habitat. It is not logical to assume the water will not flow from the entry point to the protected areas. There is no physical barrier to separate the two and this will augment hydrogeological flow, flow rates, water temperature, water chemistry, water volumes while introducing trace metals, Pah's and other chemicals into this water body. 

This is not reasonable, logical or ethical in my view. It defies common sense yet based on my personal observations of projects across Waterloo Region this move is a TYPICAL. I witnessed the Waterloo North Subwatershed Study cut a vernal pond in half with half the pond being within the study area, the other half excluded as if impacts would not cross over. During OMB appeal PL071044 it excluded all data regarding the existence of Vernal Pond W12, I secured concessions to protect that pond.  The Ira Needles Board Walk Mall Draft plan excluded mentioning an enormous vernal pond habitat located at University Ave. and Ira Needles Blvd. I have a google earth photo of the pond, videos of it being drained and data regarding Blandings turtles found in close proximity.  In regards to Hidden Valley and the River Road Extension in Kitchener Ontario, the Regional ESPA line divides through known PSW and confirmed Jefferson Salamander habitats. I have chronicled
 years worth of photographs and video  and reports showing how the Region of Waterloo fails to recognize the totality of pond habitats. I have seen them drained, destroyed and ignored in EIS studies and have photos and video to prove it. 

Last October I witnessed as Regional Staff were told they do not need kill permits to kill Jeffersons or destroy habitat. That video is here: 
https://www.youtube.com/watch?v=EdRuYRIQdJk

The need is there to secure the establishment of appropriate baseline data inclusive of all wetland habitats to protect the entire area of ponds not just half or 2/3rds of it. We require run-off criteria grounded in the assimilative capacity of ALL the receiving water bodies affected.  The EA process is intended to identify, assess and mitigate potential environmental impacts during the planning stages of a project so logically the proponents cannot assess what they have not reasonably identified. To negate that step would violate Water management policies at the Regional and Provincial levels. I have a letter from former MNR minister Donna Cansfield Dated January 10, 2008 in the attachments. It was addressing these REGION WIDE ISSUES that I am speaking of. 

There are many Species At Risk and Species of Special concern confirmed in the area of Barrie's Lake including  Milk Snake, Butternut Trees area sensitive birds including Canada Warbler. Like the River Road Extension we have a wide variety of SAR protected animals in this area that have not been subject to critical habitat delineation and I would like to know why that is because according to the Federal and Provincial law, discretionary powers to limit studies to scoped studies in regards to endangered species is ILLEGAL. 

Parliament adopted section 58 of the Federal Species At Risk Act (SARA) is specifically to delineate critical habitat precisely to avoid the destruction of critical habitat of listed threatened and endangered species through any means. It is compulsory, non discretionary scheme set out by Parliament. It is not designed to be a protection scheme largely subject to ministerial discretionary powers. Such was not Parliament's Intent in adopting the SARA. No other law in Canada can weaken this legislation. This is based upon Supreme Court ruling of Ecojustice vs. The DFO.

Ruling here: https://www.ecojustice.ca/files/orca-judgement-feb-2012/at_download/file
Reasoning here: https://www.ecojustice.ca/files/reasons-for-judgement-feb-2012/at_download/file

Other Supreme court cases have identified the fact that Ministers must provide recovery strategies within a reasonable time frame and that Judicial reviews cannot take place without this data. Numerous Supreme Court cases identify the fact Provincial laws cannot negate the full protection of SARA because the use of discretionary powers to reduce protection is clearly prohibited. This has been proven in court regarding the protection of: Woodland Caribou, Humpback Whales, Sage Grouse, White Sturgeon, Marbled
Murrelet and many more. 

In all the years of observation, the common factor I have observed in regards to non compliance for the protection of rare species in Waterloo Region is the fact the MNR, GRCA and Regional levels are failing to facilitate reasonable habitat delineation and wetland protection. The developers change, the land owners change but the circumstances regarding the continued pattern of non-compliance continues in a very predictable pattern which indicates to me where the true culpability lies. 

There is no plausible deniability. I have spent years trying to reasonably resolve these issues in good faith with candour appealing for compliance to the laws as written. 

Here are the following strategies I want implemented in regards to Barrie's Lake. 

• reclassification of the project to a Schedule D process to address the complex nature of this proposal.
• that required studies for all Species At Risk in the area are carried out appropriately
• 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 mapping of protected zones includes reasonable delineation of known dispersal areas.
• 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 the proper authorization is secured for all the Species At Risk adversely impacted by this proposal
• 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.

From the Ministries I would like to facilitate an investigation on the planning practices of Waterloo Region. I believe their actions are non compliant with the Federal Species At Risk Act and the Federal Migratory Bird Act and non compliant towards the Ontario Endangered Species Act. 

I have raised concerns previously with the RCMP Kitchener via Constable Bruce McLellan since the RCMP has some measure of jurisdictional powers regarding the Migratory Bird Act and it's implementation in Waterloo Region. I raised concerns regarding the data of Hidden Valley's flawed EA study with him as well.  I would be happy to speak with the RCMP again if that would help. I have the transcript from previous meetings.

I also filed complaints previously with the Ontario Ombudsman in regards to non compliance regarding OMB case PL071044 and have that report.

I have also drafted a preliminary affidavit showing non compliance towards Species At Risk and Ontario Endangered Species Act non compliance: how they are region wide concerns. That draft is currently completed. 

I have a Part II order request with supporting documents completed in regards to the River Road Extension. I can provide that along with supporting documentation. It was submitted but then I found out afterwards that the Region has yet to actually file the notice of completion in spite of council voting 15-0 to facilitate that. 

I have communicated with York Regional Police's Mike Amato with regard to concerns of non compliance to source water protection laws,  and how by undermining water risks it may be linked with destruction for profit schemes. Destruction of habitats means destruction of Waterloo's source water for our wells and the Grand River. It bumps up the costs for infrastructure to replace the natural capital resources we destroy. There is money for destruction for those who profit from poor planning, re-mediation and big infrastructure solutions but the reality is Lake Erie may not be drinkable. It's not just about endangered species. Human lives, our local, provincial and federal economic systems and the health of Lake Erie are at risk if we do not protect the source areas. 

Where there are Jefferson's salamanders there are primary recharge areas. That is why King Francis I used salamanders as a logo. They were an indicator species of where wells and cities could be built. Less educated people would look for surface water areas for settlements but those who knew salamanders could build wells to support farms and communities. Knowledge of this was enshrined by way of alchemy texts by Nicholas Flamel and illustrations by Abraham Eleazer and many other sources. It's very old knowledge, gleaned from the region of France where my ancestors lived. As a Mi'kmaq Metis woman from the Kespek District, I also have a cultural and spiritual duty to participate in public processes to help protect tataloq, samuqwan and tg'pog samuqwan.  (Salamanders, water and spring water) It makes good economic sense to protect these features and we must if we are to secure a renewable, healthy water supply and climate resiliency for future
 generations. 

I believe I have exhausted the public processes afforded to me in terms of reviewing these issues. This letter I send in good faith yet again as a measure of my undying hope that reason can prevail to protect the Jefferson Salamanders and other rare species of Waterloo. 

At what point do we say no and at what point will we actually act upon the mandate of the law as written to protect these resources?  I pray we can establish the criteria in time to save these species and our local water supplies. 

Wela'lioq, Thank you all.

Yours in good faith. 

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