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<\/p>\nOn 8th April 2021 The Coalition for the West Credit river submitted a letter to the solicitor for the Town of Erin.<\/p>\n
The Coalition seeks clarification of several issues that have not been addressed so far.<\/p>\n
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8 April 2021<\/p>\n
Quinto M. Annibale, B.A., LL.B., Partner<\/p>\n
Loopstra Nixon Barristers and Solicitors<\/p>\n
135 Queens Plate Drive, Suite 600<\/p>\n
Toronto, ON M9W 6V7<\/p>\n
By email:\u00a0 QAnnibale@loonix.com<\/p>\n
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Mayor Allan Alls and Council<\/p>\n
Town of Erin\u00a0<\/p>\n
5684 Trafalgar Road\u00a0<\/p>\n
Hillsburgh, ON N0B 1Z0<\/p>\n
By email:\u00a0 Allan.Alls@Erin.ca & Council@Erin.ca\u00a0<\/p>\n
Re:\u00a0 Proposed Erin Wastewater Treatment Plant<\/strong><\/p>\n Dear Mr. Annibale, Mayor and Council:<\/p>\n The Coalition for the West Credit River, of which the Belfountain Community Organization is a member, wish to inform Mayor Alan Alls and Council (the \u201cTown\u201d) that the questions asked in our 18 February 2021 correspondence<\/a> were either not addressed at all or not satisfactorily addressed in the final Environmental Study Report (ESR) for the proposed Erin Wastewater Treatment Plant (Erin WWTP).\u00a0\u00a0<\/p>\n The Coalition has carefully reviewed the ESR and found numerous information and process gaps, where decisions were made without a clear, transparent and traceable path to show how they were made. There were riparian landowners abutting and adjacent to the discharge infrastructure that were not informed or consulted. The Coalition has laid out our numerous concerns in our 25 <\/a>February 2021<\/a> Designation Request<\/a> submitted to Minister Jonathan Wilkinson, under Subsection 9(a) of the Impact Assessment Act (IAA)<\/em>.<\/p>\n The Coalition reached out in good faith to the Mayor, in the hopes that he would answer our questions, and perhaps resolve some of our concerns and make it unnecessary to take this matter to the federal level for a review under the IAA<\/em>.\u00a0 However, it has become crystal clear that the<\/p>\n Mayor was not acting in good faith when we were informed by the Town\u2019s lawyer, Quinto Annibale, in his 10 March 2021 email<\/a> to me, that \u201call of the questions and issues which were raised and answered during the Part 2 Order request made to the Minister of the Environment Conservation and Parks pursuant to the Environmental Assessment Act.\u00a0 As you know the Minister considered each of these issues and refused to grant the Order. Since you participated in the Part 2 order request, my client sees very little useful purpose in answering the same questions again and therefore will not be responding to the detailed questions contained in your February 18, 2021 correspondence<\/em>\u201d.<\/p>\n It is obvious the Town had no answers to our questions, or it would have responded in a professional and reasonable manner.\u00a0 For the record, none of our questions were answered in the ESR. Additionally, our 8<\/a> March 2021 letter<\/a> to the Town<\/a>,<\/a> which set out our concerns over damage done to the Solmar property, was totally ignored with no response.<\/p>\n \u00a0\u00a0<\/strong>Damage to the Solmar Land<\/strong>:<\/p>\n In mid-December of last year, the Coalition and local residents of Erin noticed that work on the Solmar land had already commenced, with a forested area and brush being cut and burned, large trees pulled out by the roots with large construction machinery and grapple claws.\u00a0<\/p>\n On Wednesday, 23 December 2020, Mayor Allan Alls made the Facebook post below in response to growing public concerns over a 10-liter hydraulic spill close to the West Credit River as well as the brush and tree cutting that occurred on the Solmar land:<\/p>\n It is concerning that the Mayor would just speak with the developer owner about an alleged violation and accept at face value that this was just \u201cagricultural lands for crops<\/em>\u201d on \u201cprivate property<\/em>\u201d, and it was just \u201cfarming activity<\/em>\u201d[1]<\/sup><\/a>. The Mayor must have been aware that this was highly sensitive greenbelt land that is designated as a provincially significant wetland, and that it would require more than just a call.\u00a0 The Project ESR clearly identified the sensitivity of Site 1 (Solmar) which \u201ctransect or are adjacent to areas of the County\u2019s \u201cGreenlands System\u201d, (includes both \u201cGreenlands\u201d and \u201cCore Greenlands\u201d designations)\u201d and \u201cexists throughout the general study area comprising much of the identified \u201cCore Greenlands\u201d lands<\/em>\u201d[2]<\/sup><\/a>.\u00a0\u00a0<\/p>\n It would have been prudent if the Mayor had reported this damage to the municipal Bylaw Enforcement Officer, who would then ensure compliance with the municipal tree cutting and site alteration bylaws and report the damage to Credit Valley Conservation (CVC), to the Ministry of<\/p>\n Environment, Conservation and Parks (MECP), and\/or the Department of Fisheries and Oceans (DFO).\u00a0 This doesn\u2019t appear to have happened and falls well below the standard of care that would be expected by a government official. Of course, the Mayor\u2019s $2.00 purchase[3]<\/sup><\/a> of 5 hectares of prime real estate from Solmar for land valued in the ESR at $210,0004<\/sup>, raises even more questions about the appropriateness of how this was all handled.<\/p>\n In late February of this year the Coalition became aware of extensive damage done by the tree clearing, grubbing and grading which appears to have led to destruction of a first order Brook Trout nursery tributary to the West Credit River. There were numerous deep ruts cut into the streambed by large, heavy machinery (see Addendum 1) within areas classified as:<\/p>\n The Coalition is very concerned that this first order permanently flowing stream was badly damaged, as well as the provincially significant wetland and species at risk habitat that was likely destroyed by these premature actions. The area of fish habitat damage is approximately 100 m2<\/sup> of active channel and approximately 3,000 m2<\/sup> of contributing wetland area (groundwater recharge\/discharge function). The wetland area is part of the Provincially Significant West Credit River Wetland Complex. \u00a0<\/p>\n The damage done to this sensitive tributary and the trees that were cleared away and pulled out by the roots by heavy machinery were not on agricultural land, they were located in a Provincially Significant Wetland Complex and Greenbelt Natural Heritage System, and we have confirmed that there were no permits or authorizations issued for any of this work. The fines for this type of damage can be quite substantial, including orders for restoration.<\/p>\n \u00a0\u00a0<\/strong>Additional ESR Commitments: <\/strong><\/p>\n The Coalition has carefully reviewed the ESR to see what habitat related to endangered or threatened species, Schedule 1 SARA species and migratory bird species may have been impacted by the premature removal of brush and trees.\u00a0 The ESR stated, \u201cSite 1 does provide suitable breeding habitat for the area sensitive Savannah Sparrow, and thus qualifies as significant wildlife habitat under the PPS. As such, development and site alteration are only permitted if there will be no negative impacts on the natural features or their ecological functions. Furthermore, Site 1 contained a rare and uncommon plant species (Wild Geranium) and is located next to the West Credit PSW Complex. Appropriate mitigation measures were therefore recommended to ensure no negative effects on species of conservation concern and important natural heritage features in the vicinity<\/em>\u201d[4]<\/sup><\/a>.\u00a0 \u201cEastern Meadowlark was also heard on the west side of Wellington Road 52 within the third proposed WWTP site (Site 1)<\/em>.\u201d[5]<\/sup><\/a>\u00a0 However, the ESR also stated, \u201cOnce the exact location is known we propose conducting additional bird surveys in the affected habitat to document whether any species at risk and sensitive species are present (such as Eastern Meadowlark, Bobolink, Savannah Sparrow) and formulate potential mitigation plans should they be required<\/em>\u201d[6]<\/sup><\/a>.\u00a0 \u00a0<\/p>\n We found no evidence in the ESR that these \u201cadditional bird surveys<\/em>\u201d were ever done, and it is unknown whether they were ever completed after the Solmar land, Site 1 was chosen, and before the damage was done to SARs, SARA, migratory birds and\/or sensitive species habitats.<\/p>\n However, the ESR does say, \u201cIn carrying forward two recommended alternatives for the WWTP site through to the final ESR, it is recognized that the municipality will need to prepare an Addendum to this ESR to make a final site selection. The addendum will need to provide details of the events that have occurred and the rationale for making the final location decision8<\/sup><\/em>. There was no Addendum included in the Final version of the ESR, nor have stakeholders received or been made aware of any subsequent Addendum to the ESR.<\/p>\n A review of the 10 April 2018 Ainley response to Tara McKenna\u2019s 16 March 2018 comments revealed that \u201cAn arborist report of all affected areas will be prepared as part of an overall Environmental Management Plan for the project during the design stage\u201d<\/em> [7]<\/a><\/sup>; however, there is no confirmation or information to indicate that either were ever done.<\/p>\n \u00a0<\/em>Additionally, the ESR noted that \u201cbased on the findings of the Stage 1 Archaeological Assessment (Background Research and Property Inspection), the following mitigation measures are required to protect\/preserve archaeological interests. A stage 2 archaeological assessment is to be performed on the selected WWTP site 1 (Solmar<\/em>).\u201d10<\/sup><\/p>\n Once the final site selection decision was made were the following ESR commitments ever fulfilled:<\/p>\n The deeper we go into the review of the ESR, the more concerns and questions we have.<\/p>\n Finally, in a letter dated 19 March 202<\/a>1<\/a>, the Coalition formally invited Mayor Alls<\/a> to an online Community Meeting which took place on the 25th<\/sup> of March. On 22 March 2021, Mayor Alls informed by telephone that he would not be attending the Community Meeting because of the federal Designation Request, he cannot go near it; and that he doesn\u2019t answer to the taxpayers of Belfountain, that they have their own Mayor they can talk to.\u00a0<\/p>\n The Coalition for the West Credit River looks forward to your response.<\/p>\n Respectfully,<\/p>\n Judy Mabee\u00a0<\/p>\n President, Belfountain Community Organization Chair, Coalition for the West Credit River<\/p>\n Cc: Honourable Jonathan Wilkinson – EC.Ministre-Minister.EC@Canada.ca<\/p>\n Impact Assessment Agency of Canada – CEAA.information.acee@Canada.ca<\/p>\n Mayor Allan Thompson, Town of Caledon \u2013 Allan.Thompson@Caledon.ca<\/p>\n Cathie Jamieson, Mississauga of the New Credit First Nation – CathieJ@mncfn.ca<\/p>\n Bethanie Wakefield, Six Nations of the Grand River Territory \u2013 Wildlife@sixnations.ca\u00a0 Haudenosaunee Confederacy – hdi2@bellnet.ca<\/p>\n Honourable John Yakabuski, Minister of MNRF \u2013 Minister.mnrf@ontario.ca\u00a0<\/p>\n Honourable Catherine McKenna, Minister of Infrastructure \u2013 Infc.MinisterMinistre.Infc@canada.ca\u00a0<\/p>\n Honourable Bernadette Jordan, Minister of DFO \u2013 Min@dfo-mpo.gc.ca\u00a0 Honourable Jeff Yurek, Minister of MECP \u2013 Minister.MECP@Ontario.ca\u00a0<\/p>\n Aziz Ahmed, P.Eng., Manager, MECP \u2013 Aziz.Ahmed@Ontario.ca<\/p>\n Barbara Slattery, EA Planning Coordinator, MECP \u2013 Barbara.Slattery@Ontario.ca<\/p>\n Ian Thornton, Resource Operations, Supervisor, MNRF \u2013 Ian.Thornton@Ontario.ca\u00a0<\/p>\n William Glass, Fish & Fish Habitat Protection Prog., DFO – William.Glass@dfo-mpo.gc.ca Tyler Slaght, Credit Valley Conservation \u2013 Tyler.Slaght@CVC.ca<\/p>\n Sylvia Jones, MPP, Dufferin-Caledon \u2013 Sylvia.Jonesco@pc.ola.org<\/p>\n Sandy Shaw, MPP, Hamilton West, Ancaster-Dundas \u2013 SShaw-op@NDP.on.ca<\/p>\n Mike Schreiner, MPP, Green Party Leader \u2013 MSchreiner-co@ola.org<\/p>\n Lloyd Longfield, MP, Guelph – Lloyd.Longfield@parl.gc.ca<\/p>\n Michael Chong, MP, Wellington-Halton Hills \u2013 MichaelChong.ca<\/p>\n Kyle Seeback, MP, Dufferin-Caledon \u2013 Kyle.Seeback@parl.gc.ca Jagmeet Singh, MP, NDP Party Leader – Jagmeet.Singh@parl.gc.ca\u00a0<\/p>\n Annamie Paul, Green Party Leader \u2013 info@annamiepaul.ca\u00a0<\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n The following are photos of the damage in the Wetlands abutting the Solmar property:<\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n Photo 5. Looking East Tree Clearing<\/p><\/div> Left photo: Looking northwest from entrance to property off Cty. Rd 52\u00a0 Right photo: Zoom from entrance off Cty. Rd\u00a0to \u201cgap\u201d where trees removed.<\/p><\/div><\/p>\n \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0<\/strong>\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0<\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n Proposed Locations of EWWTP and Sewage Effluent Discharge.<\/p><\/div>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n [1]<\/u><\/strong><\/a> Statement: Town of Erin Council on the Wastewater Treatment Plant<\/a> \u00a0<\/p>\n [2]<\/u><\/strong><\/a> ESR, Volume 2 of 3, Part 2, 3.2.1 Natural Heritage Designations, County of Wellington Greenlands System Designations. P<\/a>–<\/a>133<\/a>134\/341.<\/a><\/p>\n [3]<\/u><\/strong><\/a> Statement: Town of Erin Council on the Wastewater Treatment Plant<\/a> 4 <\/sup>ESR, Volume 3 of 3, Part 2, Table 1 Site 1 Estimated Capital Cost. P-66\/384.<\/p>\n [4]<\/u><\/strong><\/a> ESR, Volume 2 of 3, Part 2, Natural Environment Report, 4.3.2 Potential WWTP sites. <\/a>\u00a0<\/a>P<\/a>–<\/a>162\/341.<\/a><\/p>\n [5]<\/u><\/strong><\/a> ESR, Volume 2 of 3, Part 2, Natural Environment Report, 4.3.2 Potential WWTP sites. <\/a>\u00a0<\/a>P<\/a>–<\/a>162\/341.<\/a><\/p>\n [6]<\/u><\/strong><\/a> ESR, Volume 2<\/a> of 3, Part 2, Hutchinson 11 April 2018 Response to Tara McKenna, Species at Risk, Comment #14. P<\/a>–<\/a>234\/341.<\/a> 8<\/sup><\/a> ESR, Volume 1<\/a> of 3,<\/a> 13.4.3 Results of the Wastewater Treatment Plant Site Alternative Evaluation. P<\/a>–<\/a>139\/526.<\/a><\/p>\n [7]<\/u><\/strong><\/a> ESR, Volume 2<\/a> of 3, Part 2, Hutchinson 11 April 2018 Response to Tara McKenna, Species at Risk, Comment #11. P<\/a>–<\/a>234\/341.<\/a> 10 <\/sup>ESR, Volume 1 of 3, 14.2 Archaeological. P<\/a>–<\/a>172\/526<\/a>.<\/a><\/p>\n\n
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