[All] Fw: Moratorium to protect rare species with proper EA's needed

Tue Apr 21 21:06:35 EDT 2015

FOI
    ----- Forwarded Message -----
  From: Louisette Lanteigne <butterflybluelu at rogers.com>
 To: "minister.moe at ontario.ca" <minister.moe at ontario.ca>; "minister.mnr at ontario.ca" <minister.mnr at ontario.ca>; "rhorne at regionofwaterloo.ca" <rhorne at regionofwaterloo.ca>; "cgosselin at regionofwaterloo.ca" <cgosselin at regionofwaterloo.ca>; "mayor at kitchener.ca" <mayor at kitchener.ca>; "mayor at cambridge.ca" <mayor at cambridge.ca>; "Kseiling at regionofwaterloo.ca" <Kseiling at regionofwaterloo.ca>; "premier at ontario.ca" <premier at ontario.ca>; "gail.jackson at ontario.ca" <gail.jackson at ontario.ca>; "ian.thornton at ontario.ca" <ian.thornton at ontario.ca>; "jbogart at uoguelph.ca" <jbogart at uoguelph.ca>; "Wildlife.enforcement at ec.gc.ca" <Wildlife.enforcement at ec.gc.ca>; Wildlife Ontario/Faune <Wildlife.Ontario at ec.gc.ca>; CELA Articling Student 1 <articling.cela at lao.on.ca> 
 Sent: Tuesday, April 21, 2015 9:06 PM
 Subject: Moratorium to protect rare species with proper EA's needed

Dear Hon. Ministers, Regional Officials et al. 
I have assembled 5 binders of data documenting concerns regarding the quality of EIS data being used by the Region for approval processes. It is supported with photos, maps, power points, reports and video chronicling events that have taken place over the last 10 years. It shows a lack of regard for basic things like site visits, proper test times and methods. There were Regionally approved tree removals during EA studies that took place during the bird breeding season in known habitats for area sensitive Species At Risk birds in ESPA's. I have photos and videos to support. Construction activities also took place that resulted in the dewatering of vernal ponds during and prior to EA studies. 
Some of this data was provided to the RCMP in a two hour taped interview on April 21 2010. Other issues of non compliance were shared with the Ombudsman's Office and was responded to in a letter dated October 27, 2010. Both agencies advise getting a solicitor to resolve the outstanding issues. 
In regards to Barrie's Lake and Hidden Valley,  Part II order requests were made to bump up the projects to a Class EA schedule D process due to the ever increasing costs as well as a high number of Species at Risk in these areas. I sought the advice of three separate solicitors to facilitate that approach in good faith to secure better quality EA data to protect these species and their habitats.  
EA studies support the presence of a high number of various rare species in both Hidden Valley as well as Barrie's Lake. I found supporting data in planning reports which are in possession by the Region of Waterloo. There has yet to be critical habitat mapping for many of these species and yet construction is scheduled to take place on adjacent properties which overlaps with the Migratory Bird Breeding season during ongoing EA processes.
In the case of Hidden Valley in Kitchener,  I am concerned with the upgrades to the adjacent Manitou Drive scheduled to take place during the Bird Breeding Season for 2015. According to the minutes of the meeting at the Region of Waterloo dated April 22, 2015, the project involves the following: 
The work of this contract includes the complete reconstruction of Manitou Drive, fromFairway Road to Webster Road including replacement of the storm sewer system,replacement of concrete curbs, replacement of sections of the existing sidewalk,construction of additional sidewalk, on-road bicycle lanes and conversion of the existingtwo lanes in each direction to one lane in each direction plus a two-way centre turn lane.Also included is the reconstruction and widening of Manitou Drive from Bleams Road toWebster Road including replacement of the existing bridge at Schneider Creek,extension of the City of Kitchener trail beneath the bridge and the widening of ManitouDrive from 2 lanes to 3 lanes. The work on Manitou Drive also includes construction ofa two-lane roundabout at Bleams Road with provision for the future River RoadExtension east of Manitou Drive and restriction of the intersection at Webster Road toright-turns only with the installation of a raised median with pedestrian refuge at thatintersection, as well as replacement of the joint Region/City watermain infrastructure onbehalf of the Region and the City of Kitchener. 

http://www.regionofwaterloo.ca/en/regionalGovernment/resources/Council/CA2015-0422.pdf

The work is scheduled to take place in proximity to confirmed Jefferson Salamanders, area sensitive bird species during the bird breeding season this year as noted in this correspondence sent from Mr. Wayne Cheater at the Region of Waterloo. 
----- Forwarded Message -----
From: Wayne Cheater <WCheater at regionofwaterloo.ca>
To: "Louisette Lanteigne (butterflybluelu at rogers.com)" <butterflybluelu at rogers.com> 
Cc: Tina Lumgair <TLumgair at regionofwaterloo.ca> 
Sent: Thursday, March 12, 2015 10:14 AM
Subject: RE: Manitou Dr. improvements along Bleams.

Dear Louissette Lanteigne: Your message was directed to me for response, because I am the Region’s Project Manager for the Manitou Drive Improvements project for reconstruction of Manitou Drive from Fairway Road to Bleams Road.  The link below provides additional background about the project and links to documentation:http://www.region.waterloo.on.ca/en/gettingAround/FutureConstructionProjects.asp 

The Region is currently in the process of obtaining Tender bids to Construct the work.  The expectation is that work will start May 4, 2015 and conclude November 2015.  Currently several Public utility companies are working on the road to relocate their plant prior to the start of road reconstruction.   If you have additional questions about the planned construction, please contact me.  We will be delivering invitations shortly to an information session for the Property owners and tenants adjacent to the planned Construction. 
 Regards, A. Wayne Cheater, P.Eng. - Senior Project ManagerDesign and Construction, Transportation and Environmental ServicesPhone (519) 575-4757 ext. 3183, WCheater at regionofwaterloo.ca Confidentiality Notice: This email correspondence (including any attachments) may contain information which is confidential and /or exempt from disclosure under applicable law, and is intended only for the use of the designated recipient(s) listed above. Any unauthorized use or disclosure is strictly prohibited. If you are not the intended recipient, or have otherwise received this message by mistake, please notify the sender by replying via email, and destroy all copies of this original correspondence (including any attachments). Thank you for your cooperation.  
At another location known as Barrie's Lake a subdivision was recently approved across the street. The properties are part of the capture zone of Barrie's Lake and acts as a recharge to the pond. These projects may impact the hydro-geologic regime changing water quality, water flow, water temperature and salt levels and introduce further risk to endangered species by way of noise and traffic. I fear construction approvals given before the completed EA's  may drive away or kill area sensitive Species at Risk. 

The City and Regional stance is that the mapping and provisions for rare species will be resolved in the "detailed design stage"  but this approach is non compliant to the Provincial Policy Statement. ROPP and Species At Risk Act as well as the Ontario Endangered Species Act. This information should have been identified before not after approvals development approvals are given. Several lawsuits including this latest one from Belleville address this issue.
In Belleville wind farm was stopped due to Blandings Turtles. In 2013, the Environmental Review Tribunal (ERT) ruled the wind farm would ruin the habitat of the endangered turtle. On Feb. 20, the Ontario Divisional court upheld appeals by both Gilead Power and the MOECC, saying the tribunal had made a number of errors in law when it made its decision and had not provided "solid" evidence regarding wildlife populations. Ostrander Point Wind Energy, the turbine proponents, turned successfully to Divisional Court, which restored the original approval, prompting the field naturalists to head to the Court of Appeal.In its decision, the Appeal Court said the tribunal had properly weighed the expert opinions and other evidence in siding with the naturalists, and the Divisional Court was wrong to find otherwise.
http://www.timescolonist.com/endangered-blanding-s-turtles-win-court-ordered-wind-turbine-reprieve-1.1829124
So basically, municipalities and other planners and the Province cannot use the absence of solid EA data as an excuse to allow work that places the habitat of endangered species at risk. This applies to both Barrie's Lake and Hidden Valley where there is NO plausible deniability for the presence of several species at risk including aquatic species and area sensitive birds and mammals.
Evidence to support the presence of endangered species in Barrie's Lake area can be viewed online here: https://drive.google.com/folderview?id=0BzVCtZYIs-RgdXE4TDVFNjdOa2s&usp=docs_home&ddrp=1#
Evidence to support the presence of endangered species in Hidden Valley can be viewed online here: https://drive.google.com/folderview?id=0BzVCtZYIs-RgbHp2enM0UDFJMTA&usp=docs_home&ddrp=1#
I am speaking candidly at this time with all agencies because I want the pattern of poor EA's in our Region to stop. A moratorium to protect migratory bird habitats from regional tree removal and construction during the bird breeding season and especially when there is ongoing Environmental Impact Assessment should be common sense. We must also stop the practice of draining vernal pools or tampering with culverts that augment the hydro-geologic regime during EA studies since it can have deleterious impacts on wetland habitats and rare species. 
We need a strict moratorium on such activities to secure better quality data to protect these animals for the long term. 
Your in good faith, 
Louisette Lanteigne700 Star Flower Ave.Waterloo Ont.N2V 2L2

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