HomeMy WebLinkAbout2006-212
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-212
Being a By-law to authorize the execution of a Conservation
Easement Agreement between the Corporation of the
Municipality of Clarington and Miller Paving Limited regarding
the Miller Waste site on the west side of Hancock Road.
WHEREAS the Council of The Corporation of the Municipality of Clarington has
approved the recommendations of Report EGD-50-06, including the
recommendation that the Corporation of the Municipality of Clarington enter into
a Conservation Easement Agreement with Miller Paving Limited for the purpose
of implementing the recommendations outlined in Resolution C-341-06.
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows:
1. The Mayor and Clerk are hereby authorized to execute a Conservation
Easement Agreement between the Corporation of the Municipality of
Clarington and Miller Paving Limited.
BY-LAW read a first and second time this 16th day of October, 2006.
BY-LAW read a third time and finally passed this 16th day of October, 2006.
~~
John utton, Mayor
~--.."
. '
THIS CONSERVATION AGREEMENT made as of this 16TH day of October,
2006.
BETWEEN:
MILLER PAVING LIMITED
(hereinafter called "Miller")
of the first Part
- and-
THE CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
(hereinafter called the "Municipality")
of the second Part.
Whereas:
A. Miller is the owner of certain lands and premises situated in the Municipality of
Clarington, in the Region of Durham, more particularly described as Part Lot 27
Concession 1, Geographic Township of Darlington, Municipality of Clarington, Regional
Municipality of Durham; being Parts 1, 2, 3, 4, 5 and 8, Plan 40R - 24458, referred to as
the "Miller Property";
B. The Municipality is a "conservation body" within the meaning of the Conservation
Land Act, R.S.O. 1990, Chap. C.28 having authority over land use and conservation
matters within its areas of jurisdiction;
C. Miller has agreed to provide the Municipality with an easement for conservation
purposes over that portion of the Miller Property described as Part 1, Plan 40R -24458
(the "Woodlot") pursuant to the Conservation Land Act;
D. This Conservation Agreement is made pursuant to section 3 of the Conservation
Land Act;
E. The execution of this Conservation Agreement by the Mayor and Municipal Clerk
on behalf of the Municipality is authorized by By-law 2006---ll2 passed by the Council of
the Municipality at its meeting on October 16, 2006.
2
NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of
the mutual covenants and agreements herein contained the parties hereto agree as
follows:
1. FOREST MANAGEMENT PLAN
(a) Miller and the Municipality have agreed that the Woodlot will be managed
pursuant to a plan (the "Forest Management Plan") prepared by Miller's
consultant (presently SIL V-ECON L TO). The Forest Management Plan is
annexed as Schedule 1 to this Agreement. Subject to the approval of the
Municipality's Director of Planning Services, the Forest Management Plan may
be updated at Miller's initiative and expense in order to remain responsive to
conditions, actual and anticipated, in the Woodlot at intervals of not less than five
(5) years, or more frequently if Miller so determines.
(b) The implementation of the Forest Management Plan by Miller at Miller's cost
shall be consistent with the recommendations of the peer reviewers as set out in
the 'Final Peer Review Report' prepared by Aquafor Beech Ltd., dated August
2006, and in the 'Consolidated Environmental Impact Statement', prepared by
Gartner Lee Limited, September 2006. These recommendations include
· the aggressive management of the Woodlot buffers for a minimum of three
years to prevent the establishment of invasive species and to ensure the
establishment of forest edge species at the boundary of the buffer;
· the creation of wetlands in the Restoration Area on the northern edge of
the Woodlot; and
· fencing around the Woodlot.
2. GRANT OF EASEMENT
Miller hereby transfers and conveys unto the Municipality a right, title and
easement to enter upon the Woodlot with its servants and agents for the purpose of:
1. assessing conditions in the Woodlot and verifying that the Woodlot is
being managed in accordance with the Forest Management Plan;
2. assessing conditions in the Woodlot to evaluate revisions or updates to
the Forest Management Plan.
3
3. RESTRICTIVE COVENANT
Miller covenants and agrees that the following restrictions shall be annexed and
run with the Lands:
1. Except in accordance with the Forest Management Plan, no buildings,
structures, improvements, erections, fill or trees shall be placed,
constructed, built, deposited upon or cut or removed from, the Woodlot.
2. Except in accordance with the Forest Management Plan, no action shall
be taken and nothing shall be done to interfere with, hasten, accelerate,
delay or prevent the natural features of, or any natural occurrence in, the
Woodlot.
Miller retains the right to use the Woodlot for such purposes as it deems advisable
provided that any such use is consistent with the Forest Management Plan and the
Municipality of Clarington Zoning By-law.
4. TERM
The easement granted hereby shall remain in effect in perpetuity. The duration
of the easement may be reviewed by the mutual agreement of the parties in the context
of any application submitted pursuant to The Planning Act.
5. COMPENSATION
The Municipality shall pay to Miller in consideration of the easement granted
hereby the sum of TWO ($2.00) DOLLARS, the receipt and sufficiency whereof are
hereby acknowledged.
6. REGISTRATION
(a) The Municipality shall be entitled to register Notice of this Agreement against the
Lands should it elect to do so and Miller hereby expressly consents to such
registration.
(b) The Owner agrees to pay to the Municipality monies for any fees, including legal
fees related to the registration of the Easement.
4
7. INDEMNIFICATION
The Municipality shall indemnify and save Miller harmless from any claims of
whatsoever nature arising in consequence of the entry on the Woodlot by the
Municipality's employees, agents, servants or invitees, to the extent that such claims
are not caused by any act or omission on the part of Miller.
8. NO EXPENDITURES REQUIRED OF MILLER
Nothing in this Agreement shall oblige Miller to expend any money, or perform
any work, upon the Woodlot beyond the work required of Miller pursuant to the Forest
Management Plan as it may be amended.
9. NO INTERFERENCE; NOTICE
Prior to entering upon the Lands to exercise any of the rights afforded it by this
Agreement the Municipality will provide Miller with two business days' notice given
verbally to the manager of the facility located on the Miller Property. In exercising its
rights hereunder, the Municipality shall not interfere with the ordinary, day-to-day
activities and uses carried on upon the Miller Property.
10. NO PUBLIC ACCESS
The rights afforded the Municipality by this Agreement are for the benefit of the
Municipality, and such servants and agents it may engage in connection with the
exercise of those rights. This Agreement shall not confer any right of access to the
Miller Property, or the Woodlot, to any member of the public, or third party.
11. FURTHER ASSURANCES
The parties agree to execute, at the expense of the party making the request,
such additional documents and to undertake such steps as may reasonably be
necessary to give effect to the provisions hereof.
12. SUCCESSORS
This Agreement shall enure to the benefit of and be binding upon the parties and
their respective heirs, executors, administrators, successors and assigns this
Agreement.
13. TIME
5
Time shall be of the essence of this Agreement.
IN WITNESS WHEREOF the parties have executed this Agreement as of the
date first above written.
SIGNED, SEALED AND
DELIVERED
In the presence of:
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THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
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MILLER PAVING LIMITED
------'--r-.-'-
$' 4'-C-
(PRINTNAMEj
Blair McArthur.
Name:
Senior Vice Presi~teot
Title: .
(PRINT NAME)
IlINe have the authority to bind the Corporation.
6
SCHEDULE 1
Forest Manaoement Plan
FOREST MANAGEMENT PLAN
MILLER WASTE SYSTEMS
CLARINGTON WOODLANDS
January 1,2007 - December 31, 2026
1
FOREST MANAGEMENT PLAN
MILLER WASTE SYSTEMS
CLARINGTON WOODLANDS
This plan addresses the natural features retained on the property and the objectives of the landowner
through an integrated resource management approach and within a realistic framework. With some
appropriate management this plan can be realized, maintaining a healthy forest to be enjoyed by
generations to come.
This plan has been prepared in association with Gartner Lee Limited.
I hereby verify that the following forest management plan has been prepared in accordance with
generally accepted sustainable forestry practices.
David Puttock Ph.D., R.P.F.
MFP A #003
President
SILV-ECON Ltd.
913 Southwind Ct.
Newmarket, ON L3Y 6Jl
Date
Phone: (905) 898-3085
Fax: (905) 898-2722
Email: silvecon@rogers.com
Web site: www.silvecon.com
I
MILLER WASTE SYSTEMS CLARINGTON WOODLANDS
Table of Contents
MANAGED FOREST PLAN
MILLER WASTE SYSTEMS
CLARINGTON WOODLANDS
SECTION I : PROPERTY OWNER INFORMATION......................................................... 3
1.1 Registered Property Owners .................................................................................... 3
1.2 Plan Author Information.......................................................................................... 3
SECTION 2: PROPERTY LOCATION INFORMATION ...................................................4
2.1 Property Location..................................................................... ................................ 4
2.2 Federal, Provincial and Local Policies and Regulations......................................... 4
SECTION 3 : PROPERTY HISTORy................................................................................... 5
3.1 Background..................................................... .................... ............. ...... .................. 5
3.2 Woodlot Management History ................................................................................ 6
3.3 General Physical Setting.......................................................................................... 6
SECTION 4: PROPERTY & SURROUNDING AREA....................................................... 8
SECTION 5: LANDOWNER OBJECTIVES........................................................................ 9
5.1 General Objectives.... ................... ...... ...................................................................... 9
5.2 Detailed Property Level Objectives......................................................................... 9
SECTION 6: DETAILED PROPERTY MAP ..................................................................... 10
SECTION 7: NATURAL HERITAGE ASSESSMENTS................................................... 12
7.1 Flora and Significant Plants................................................................................... 12
7.2 Woodlot Inventory Post-Thinning 2002: Trees 2: 10 cm dbh............................. 13
7.3 Tree Regeneration Assessment - Post-Thinning 2002: Trees < 10 cm dbh......... 13
7.4 Ground Vegetation Assessment ............................................................................ 13
7.5 Wildlife Species and Natural Heritage Assessment.............................................. 14
SECTION 8: MANAGEMENT OBJECTIVES .................................................................. 16
SECTION 9: MANAGEMENT ACTIVITY SUMMARy................................................. 19
SECTION 10 : REPORT OF ACTIVITIES .......................................................................... 21
SECTION II : CONTACTS AND NOTES ......................................................................... 22
SECTION 12: REFERENCES ............................................................................................. 23
Ee Gartner Lee
2
!! SIL V-ECON LTD.
~ESOUI!CE~AGEMEi'lICONSLl1AMS
MILLER WASTE SYSTEMS CLARINGTON WOODLANDS
MANAGED FOREST PLAN
MILLER WASTE SYSTEMS
CLARINGTON WOODLANDS
lG.~<t~!j;~.1i:;~?~';ut;J;::ftl! j ,..'f C'~;'~I!I r MI. r~~l"'i;;'i;>;~~';}iZi%if;;~'?t';J;,,:j'
Plan Period
This plan is for the 20-year period January 1, 2007 - December 31, 2026, with detailed management
programs for two five-year periods; January 1,2007 - December 31, 2011 and January 1-2012 -
December 31, 2016, A 5-year progress report will be completed by December 31, 2011.
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Name:
Miller Paving Limited
505 Miller Ave
Markham, ON L6G IB2
Mailing Address:
PO Box 4080
Markham, ON 3R 9R8
c/o Tom Jones
Property Manager
Phone (wk):
Fax (wk):
Email:
905-475-6660
905-475-3852
tjones@millergroup.ca
_.~:t'''''''T~~n " '. '"1"\18"'"
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:;:::j:~:';+~;~:~~~f~-~'t:~,;-nr: ; ;', ". ,',,'. /;'.- -'\}:~-:'_;:~};:~f!~,;tif)~:~{_;\-:;~~!6~::4-; \~f-;::~1j;:r?~i1j'{~>\{;':'V';
David Puttock Ph,D., R.P.F.
Silv-Econ Ltd.
913 Southwind Ct.
Newmarket, ON L3Y 6J I
Catherine Dowling, RE.S., M.A.
Gartner Lee Limited
300 Town Centre Boulevard, Suite 300
Markham, ON L3R 5Z6
Tel: 905-898-3085
Fax: 905-898-2722
Email: silvecon@rogers.com
Tel: 905-477-8400 ext 287898-3085
Fax: 905-477-1456
Email: cdowling@gartnerlee.com
~ Gartner Lee
3
!'r SIL V-ECON LTD.
l1ESOlRCE MANAGE"9IT COIIISUL~rs
MILLER WASTE SYSTEMS CLARINGTON WOODLANDS
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REGISTERED
PROPERTY OWNER
LOCATION
AREA SUMMARY
HECTARES (ACRES)
MILLER PAVING UMITED
505 MILLER AVE
MARKHAM, ON L6G IB2
PT LOT 27 CONCESSION I
PART I PLAN 40R-24458
FORMER TOWNSHIP OF
DARLINGTON
MUNICIPALITY OF CLARINGTON
REGIONAL MUNICIPALITY OF
DURHAM
PROPERTY
TOTAL
24.30
(60.04)
MANAGED
FOREST
9.70
(23.97) .
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The management programs contained in this plan will adhere to all federal, provincial and local
policies and regulations. Tree cutting will conform to the Municipality of Clarington Woodlot
Preservation By-Law 97035 and will be carried out in accordance with "good forestry practices".
Good forestry practices include a forest management prescription prepared by a Registered
Professional Forester and tree marking by a Certified Tree Marker.
Forest management activities will conform to guidelines noted in professional documents such as
"A Silvicultural Guide to Managing Southern Ontario Forests" (Ministry of Natural Resources
2000) and the "Ontario Tree Marking Guide, Version 1,1" (Ministry of Natural Resources 2004),
Some other relevant policies that will help gnide stewardship of the property include,
. Federal Fisheries Act
· Federal Forestry Act
. Provincial Endangered Species Act
. Provincial Fish and Wildlife Conservation Act
. Provincial Conservation Land Act
. Provincial Professional Foresters Act
~ Gartner Lee
4
!i' SIL V-ECON LTD.
RESOlJ1CEMAN,t,GEMENTCONSIJLw.rrS
MILLER WASTE SYSTEMS CLARINGTON WOODLANDS
The subject property of 24.3 ha is located in the Municipality of Clarington, former Township of
Darlington, PT Lot 27, Concession 1 (refer to Map 4). This property is bounded by unopened road
allowance (future extension of Hancock Road) to the east, an industrial property to the south,
Tooley Creek and associated valleyland to the west and an operating farm property to the north. The
land lies south of the Oak Ridges Moraine and outside the GTA Greenbelt.
The property is owned by Miller Paving Limited. Miller Waste Systems, a division of the Miller
Paving Limited, has received approval to establish a compost facility on the site in a location
immediately to the south of the managed forest. The compost facility will produce high quality,
marketable compost for soil blending and horticultural use. The facility will accept and process leaf
and yard waste material and selected IC&I organic materials using an outdoor windrow composting
method. Compost product from this site process, as well as compost material produced at Miller
Waste's Pickering EBARA compost facility, will be held on site for final curing. The facility will
also accept clean wood for processing. The resulting wood chip material may be used as input to
the composting process or will be marketed as landscaping products.
Gartner Lee Limited (GLL) was retained by Miller Waste Systems to prepare an Environmental
Impact Study (EIS) for the compost facility as required by Section 2.3.17 of the Regional
Municipality of Durham Official Plan. The compost site development is in proximity to an
environmentally sensitive area (woodlot) and Tooley Creek watercourse and therefore subject to
this policy. The EIS (GLL 2006) provides a detailed assessment of the many natural heritage
features, a discussion of possible impacts from the development, and proposed mitigation of those
impacts.
The managed forest (refer to Map 4) is not included in the compost facility. Miller Paving Limited
has agreed to provide the Municipality of Clarington with an easement for conservation purposes
over that portion of the property described as Part 1, Plan 40R - 24458 (the "Woodlot") pursuant to
the Conservation Land Act. Miller Paving Limited has agreed that the woodlot will be managed
pursuant to this forest management plan. This management plan is annexed to the Conservation
Agreement for the property.
~ Gartner Lee
5
!! S/LV-ECONLTD.
RESOURCE MANAGE~T CONSULTANTS
MILLER WASTE SYSTEMS CLARlNGTON WOODLANDS
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Mature Deciduous Forest (Woodlot) (Dry-Fresh Sugar Maple
- White Ash FOD5-8 Ecosite)
Compartment W -1 is mature stand of upland hardwoods,
dominated by 90+ year old sugar maple (Acer saccharinum) and
White ash (Fraxinus Americana), The stand is 7.5 ha (18.5 ac) in
size, The stand was selectively harvested in 2002 to remove
unhealthy trees and to create small canopy gaps to encourage
natural regeneration. Trees to be removed were marked by Provincial Certified Tree Markers
following a forest management prescription prepared by a Registered Professional Forester. A
Registered Professional Forester supervised the harvesting. A detailed forest inventory was
completed before and after the harvesting. Gartner Lee Limited completed a natural heritage
assessment of the woodlot for the EIS in 2003/04.
Wetland Restoration Area
Compartment P-I is a 0.83 ha (2.05 ac) area old field on the northeast side of the mature woodlot.
The area will be restored through planting (transplanted plant material salvaged from the south
portions of the property) and natural seeding to provide wetland habitat. In addition, shallow
excavations will be made to create wet pockets and encourage habitat diversity.
Woodlot Buffer
The mature woodlot is a significant natural feature that will be conserved and protected with a
woodlot buffer (compartment OS-I) ranging from 5 m to 40 m in width from the existing drip line.
The buffer is expected to regenerate naturally, as it lies immediately adjacent to an abundant seed
source. Some planting will be undertaken with a focus on establishing forest edge species. The
edge of the buffer along the composting site will be fenced to prevent accidental intrusion by
machinery.
The site is within a glacial till plain. The Lake Iroquois Shoreline is approximately one Concession
north of the subject property. The ground surface is relatively flat and slopes gently from east to
west towards the valley of Tooley Creek, the main surface water feature within the local catch
basin. Portions of the property along the west side lie within the regulatory floodplain of the Tooley
Creek (GLL 2006).
Tooley Creek is the primary receiver of surface runoff and groundwater discharge from the site.
Surfacewater in contact with the compost materials will be segregated and directed to a stormwater
management containment pond designed to prevent introduction of this runoff to Tooley Creek.
Local surface runoff from the balance of the compost site will dtain to Tooley Creek to the west via
a stormwater management pond and discharge channel. Runoff from the managed forest portion of
the site will continue to drain directly into Tooley Creek. (D.G. Biddle & Associates, 2006). Water
table depths vary from OAm to Oolm below grade across the site (GLL 2006).
e!! Gartner Lee
6
.rr S/LV-ECONLTD.
~ESOU~CE MilNIIGEMENfCONSULTANTS
MILLER WASTE SYSTEMS CLARINGTON WOODLANDS
The soils in the general area are clayey to silty loams, formed on the gently rolling lacustrine plain
of the post-glacial Lake Iroquois. The main soil groups in the area and on the site are Darlington
Loam and Newcastle Clay Loam. These deposits showed a fairly uniform thickness between 0.6 m
and 0.8 m across the site. There is an underlying, dense glacial till with variable amounts of silt and
sand (GLL 2006). Detailed results from extensive hydrologic monitoring on the site during 2003/04
can be found in the EIS report (GLL 2006).
Surrounding Land Uses
The property is within an area designated as General Agriculture in the Regional and Local Official
Plans. This General Agriculture area is relatively small, confined between a Green Space
designation on the east, which borders the Hancock Road/proposed 407-401 Link corridor, the
Courtice Urban Area designation on the west side of Tooley Creek, and Industrial designation
immediately south of the subject property. The northern extent of the general agricultural
designation is Highway 2. With the exception of small stream courses that traverse the plain, most
of the agricultural land in the general vicinity of the property is used to grow grain crops and hay for
livestock feed or off-farm processing (GLL 2006).
The proposed uses west and south of the subject site are prestige employment, light industrial and
general industrial. The Miller Group has proposed an asphalt and concrete plant on the lands
immediately south of the subject property. Future residential is planned starting about 1.5 km to the
northwest of the site. The Green Space designation on the east side of the site is intended to link
other open space systems together, such as the Oak Ridges Moraine and the Lake Front, and will
also serve as an urban separator. The allowed uses in the Green Space designation include
conservation and recreation, farming and related uses, as well as home occupation and industry.
Importance of the Managed Forest to the Surrounding Landscape
The mature woodlot (compartment W-I) is one of several small, forested sites in the immediate
area. Although the woodlot is not large enough to provide forest interior habitat, three area
sensitive bird species were found to be occupying breeding territories (GLL 2006). There were two
bird species of local conservation concern breeding in the woodlot and one plant species of local
conservation concern present in the woodlot. Adding the woodlot buffer, which extends to 40 m at
some points, will provide sufficient area to create some interior forest habitat. In addition, the
woodlot forms an east-west linkage between the woodlot to the east and the Tooley Creek valley.
This linkage will be further enhanced with the completion of the wetland restoration area
(compartment P-l).
~ Gartner Lee
7
-+-! SIL V-ECON LTD.
RESOLl<CEI\WIIAGEMENTCOI>ISULTANTS
MILLER WASTE SYSTEMS CLARINGTON WOODLANDS
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8
rr SILV-ECONLTD.
RESOURCEWIN.<GEMENTCONSULlANTS
MILLER WASTE SYSTEMS CLARINGTON WOODLANDS
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Ob'ectives Priorit
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Environmental Protection x
Forest Prodncts x
Investment x
Recreation x
WUdlife Habitat x
; .~~'~~\:;;~'h\~~2:~o/f~~~~~~~~~y~~~~~~I~~*-;
Environmental protection and habitat conservation are the primary objectives for the managed
forest. The EIS (GLL 2006) provides a number of recommendations for achieving these objectives
including:
a. Maintaining a healthy woodlot to protect groundwater quality and minimize surface
water runoff
b, Enhancing habitat diversity by restoring a wetland community of native plants in the old
field (compartment P-I) northeast ofthe woodlot.
c. Protecting the woodlot from invasive plants such as Common buckthorn (Rhamus
cathartica) by hand pulling or cutting invasive species.
d. Protecting the woodlot from intrusion by the composting operations by erecting fencing
along the south edge of the woodlot buffer (compartment OS-I).
e. Monitoring the health and function of the managed forest and taking appropriate action
to mitigate any impacts from the compost facility.
Silvicultural management involving selective thinning can be used to emulate natural disturbances
by creating canopy gaps thereby promoting natural regeneration and enhancing species diversity
while improving forest health. The EIS report noted that although the woodlot had been logged (in
2002), "it still contains a mature forest character, diverse species composition and supports some
wildlife, including several area sensitive breeding birds", (GLL 2006). Timber products (sawlogs
and firewood) can be produced during silvicultural activities. Revenues generated from the sale of
timber products will be re-invested in projects to conserve the health and function of the managed
fores) and its habitats. Thinning and other silvicultural management activities will be carried out
according to provincial guidelines (Ministry of Natural Resources 2002, 2004). Trees to be
removed will be marked by certified tree markers. Harvesting operations will be monitored by a
Registered Professional Forester.
Recreation is a low objective, no public access for recreational purposes is proposed,
A prioritized list of activities proposed for the next ten years is outlined in Section 9.0. This list will
be reviewed annually as work is completed and evaluated and as new issues or opportunities arise,
~ Gartner Lee
9
it SIL V-ECON LTD.
RESOURCE MANAGEMENT CONSLLlANTS
MILLER WASTE SYSTEMS CLARINGTON WOODLANDS
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Managed Forest: 9.7ha
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~ Gartner lee
10
fY SIL V-ECON LTD.
~E50UI!CEIW\N/lGEMEi'lICONSLl"Wmi
MILLER WASTE SYSTEMS CLARINGTON WOODLANDS
~ Gartner lee
11
+! SIL V-ECON LTD.
RESOUIICE~AGEMENICONSLlttMS
MILLER WASTE SYSTEMS CLARINGTON WOODLANDS
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A detailed inventory of the woodlot characteristics in compartment W-l was completed by Silv-
Econ Ltd, prior to- and following the selective thinning in 2002. Data on the composition of tree
species, tree sizes, average diameter, average age and height, stem density, and health was
collected from within 6 sample plots. The inventory procedure involved the use of a forester's
prism with a basal area factor of 2. Gartner Lee Limited completed a qualitative natural heritage
assessment of the woodlot during the collection of baseline information for the EIS in 2004.
Results from the 2002 post-thinning woodlot inventory and the assessment by Gartner Lee
Limited in 2004 are given in Sections 7.1 to 7.5.
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Through the course of their field investigations, ecologists with Gartner Lee Limited recorded
approximately 150 vascular plant species throughout the property. Of these, 43 (or 29%) are non-
native species, some of which have found their way into the woodlot. Nevertheless, the forest also
supports a fair diversity of native flora typical of deciduous forests of southern Ontario (GLL 2006).
Most noteworthy is Butternut (Juglans cinerea), a tree species that has been recently designated as
Endangered in Canada by the Committee on the Status of Endangered Wildlife in Canada
(COSEWIC). A single tree, approximately 15 m tall with a diameter at breast height (dbh) of 15
cm, grows in the south central portion of the woodlot (location shown on Map 6). Butternut is still
widespread in southern Ontario but has declined rapidly in the past two decades due to Butternut
canker disease (Sirococcus clavigignenti-juglandacearum). The tree on site appears healthy but
some dead branches are present in the lower crown, indicating that it may have contracted the
disease.
In addition, one locally significant plant species was encountered in the woodlot. Hitchcock's
sedge (Carex hitchcockiana) is rare in Durham Region, according to Varga et al. (2000). A few
scattered plants occur in the east -central portion of the woodlot.
~ Gartner Lee
12
!? SILV-ECONLTD.
RESOURCE MANAGEMENT CONSULTANTS
MILLER WASTE SYSTEMS CLARINGTON WOODLANDS
Com artment Totals
Age Ht. Basal Area Density Avg. DBH
( rs) (m) (m2/ha) (stems/ha) (em)
Sugar maple (Acer sacchnrinum) 60%
American beech (Fagus grandifolia) 20%
White ash (Fraxinus americana) 10%
{ Yellow birch (Betula alleghnniensis)
Black cherry (Prunus serotina)
Ironwood (Ost 'a vir iniana) } 10% 95+ 24 18 329 19
Size Distribution b Basal Area (m2/ha)
Poles Small Medium Large X-Large
(lO-24cm) (26-36 em) (38-48em) (50-60em) 62+cm)
2,9 3.5 7.3 2.8 1.4
The dense canopy of mature deciduous trees that existed prior to the 2002 selective thinning
limited the amount of sunlight penetrating to the forest floor in the woodlot (W -I).
Consequently regeneration was patchy and suppressed. Sugar maple comprised approximately
80% of the regeneration in association with white ash, American beech, and black cherry. An
objective of the thinning in 2002 was to create canopy gaps thereby promoting more
regeneration in the woodlot. Regeneration in the woodlot will be re-assessed in 2007.
Jj~;f-'~::':',./ "'i',~_~;jiJt!'JlfKqJ;'J::~~:t~;~(~./:,< 'i(~,j;tA>f~>'::!'~!7f-''':~0ry:!..;~f~tt~~~!ti~~U:''~~tt#;.l'
The ground layer in the woodlot (W-I) consists of Zigzag goldenrod (Solidago flexicaulis),
Yellow trout lily (Erythromium americanum), Wild leek (Allium tricoccum) and sedges
(earex spp.), which dominate where the canopy is closed. These are replaced by Blackberry
(Rubus occidentalis) and Tall goldenrod (Solidago altissi11Ul) in heavily cutover areas. Fowl
manna grass (Glyceria striata) and Scouring rush (Equisetum hyemale) are abundant in the
seasonally wet depressions within the woodlot (GLL 2006). During the Peer Review of the
EIS, a site visit resulted in the identification of one additional plant species, Bristlystalked
sedge (Carex leptalea).
~ Gartner Lee
13
.rr SILV-ECONLTD.
RESQUI!CE Mot.N.fGEMENI CONSLllANTS
MILLER WASTE SYSTEMS CLARINGTON WOODLANDS
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During the breeding bird surveys carried out by Gartner Lee limited in June 2004, a total of 35
species was recorded, including 24 in the woodlot (Appendix A). The woodlot mostly supports
breeding bird species that can survive in edge habitat or small woodlots, such as Red-eyed vireo
(Vireo olivacea) and Baltimore oriole (Icterus galbula). Three "area sensitive" bird species
(OMNR 2000), which are more typical of large forest blocks, were also encountered in the woodlot:
White-breasted nuthatch (Sitta carolinensis), Black-throated blue warbler (Dendroica
caerulescens), and ovenbird (Seiurus auricapillus). The presence of all of these area sensitive
features is likely a result of the presence of a larger area of surrounding forest, and not just the forest
on site (GLL 2006).
The website of the Natural Heritage fuformation Centre (2004) was checked for records of
provincially significant species on or in the vicinity of the site and none were indicated. Two
locally rare breeding bird species were encountered in the woodlot during the field investigations by
Gartner Lee limited in 2004. A Red-bellied woodpecker (Melanerpes carolinus) was observed at
an active nest hole in the southeastern part of the woodlot on both June I and June IS field visits.
This is a southern species that is a rare breeder in Durham Region (Bain and Henshaw 1993). In
recent years it has been expanding its range northward. A male Black-throated blue warbler was
singing on territory on June I but was not observed on June IS. Either it was just not singing on the
second visit, or it may have left after failing to attract a mate. The woodlot is smaller than would be
typical habitat for Black-throated blue warbler. During the Peer Review of the EIS, a site visit
resulted in the identification of one additional bird species, Swamp sparrow (Melospiza georgiana).
No calling amphibians were encountered during the nocturnal survey on May 19, 2004, nor were
any amphibians observed on other field visits. Small areas of temporary ponding occur within the
woodlot but do not hold water long enough for amphibians to complete the larval stage of their life
cycle. The site is generally unsuitable for breeding amphibians.
Only three birds (Hairy woodpecker Picoides villosus, Downy woodpecker P. pubescens, Black-
capped chickadee Parus atricapillus) and one mammal (Gray squirrel Sciurus carolinensis) were
encountered in the November 2003 field visit. The woodlot lacks any conifers and therefore does
not provide good winter cover for wildlife.
Habitat connectivity is also a consideration as wildlife habitat. Tooley Creek and its valley provide
a linear, north/south habitat corridor that allows dispersal opportunities for wildlife. The woodlot in
the north part of the property provides a link between the deciduous woodlot east of Hancock Road
and the Tooley Creek valley.
~ Gartner Lee
14
!! SIL V-ECON ITD,
RESOUlICe~/lGEMENICO"lSUl.lMITS
MILLER WASTE SYSTEMS CLARINGTON WOODLANDS
Tree Cavities
The woodlot (W-l) contains a variety of micro-habitat features
including cavities in the trees for nesting birds and den sites for small
mammals such as the Eastern flying squirrel (Glaucomys volans)
pictured here.
1,
Photo from MNR Tree Marking Guide
Coarse Woody Debris
Forest management activities that increase the density of logs on the
forest floor and standing dead trees would enhance the abundance and
diversity of wildlife in the forest over time. The most effective way to
generate woody debris is to leave behind logs on the forest floor
following a timber harvest.
Photo from Silv-Econ Ltd.
Snags
Snag retention in managed forests is an effective approach to promoting a
healthy forest, since foraging birds are part of nature's way of controlling
forest insect populations. Snags become very important to foraging birds in
the winter when fallen logs and the insects in them are covered with snow,
reducing the availability of food (Goodburn & Lorimer 1998).
Photo from Silv-Econ Ltd
[!I Gartner Lee
15
!y SILV-ECONLTD.
RESOURCEMllNN:>EMENTCQNSUllNllfS
MILLER WASTE SYSTEMS CLARINGTON WOODLANDS
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'v' " _ O<-''''''~L<'__''C'.__.__'_ .""'.. _.",,:!b_.,,..'<__""__"""_..,'.,,~,,. .,. ,'_'_.__.'-^""'. .'.'....,..,..,.,_". _ ""'.N,,,,,.'~,,,,-,,,,'_':..."'<'''.'_-__-'.,.T___/_'..-.,_,_y/"o,~M\,jLt.,,__,.,_ ..,if~.-... ',,', ',,",,-',' 'n'
Long and short-term management objectives are developed for each forest community to guide
future activities. Long term management objectives serve as the landowners' vision for each
compartment for the next 20 years. Short term objectives serve to guide activities to be
implemented over the next 10 years.
Mature Deciduous Forest
I Area 7.5 ha (18.53 ac) I Compartment(s): W-l
Long Term (20 years)
To achieve a healthy, diverse community of hardwood trees for environmental protection, wildlife
habitat, and forest products. The objectives that guide management will include:
. Monitor the health of the woodlot through annual inspections and reporting.
. Promote natural regeneration of deciduous tree species. Underplant if necessary where natural
regeneration is not occurring.
. Improve wildlife habitat by retaining snags and cavity trees and creating coarse woody debris.
. Protect rare species including Butternut and Hitchcock's sedge.
. Control non-native plant species.
. Generate forest products.
Short Term (5-10 years)
. Assess the woodlot for butternut trees and map their locations. The woodlot contains at least
one butternut tree. (Map 6).
. Monitor the health of the woodlot through annual inspections and reporting.
. Promote natural regeneration of deciduous tree species. Underplant with seedlings if necessary
where natural regeneration is not occurring.
. Assess the opportunity and need for selective thinning. Managed hardwood forests can be
selectively thinned every at 12 to 15 year cycles. The woodlot was selectively thinned in 2002
and could be ready for a second thinning by 2014. The primary objective of all tree cutting
should be to improve the quality and diversity of the forest.
. Improve forest wildlife habitat by allowing for the presence of at least 10 dead trees, and cavity
trees per hectare and large fallen logs.
. Control non-native invasive plant species by pulling or cutting as appropriate.
. Protect the woodlot from intrusion by the composting operations by erecting fencing along the
south edge of the woodlot buffer (compartment OS-I).
8!1 Gartner Lee
16
!i' SIL V-ECON LTD.
RESOlJlCEM.I,JILI,G,MENTCONS~w.rr5
MILLER WASTE SYSTEMS CLARINGTON WOODLANDS
Wetland Restoration Area
I Area 0.83 ha (2.05 ac) I Compartment(s): P-l
Long Term (20 years)
. Provide habitat diversity and potential for breeding amphibians and other wildlife.
Short Term (5-10 years)
. Establish wetland habitat on 0.83 ha through natural seeding and by planting trees and shrubs
according to the planting plan prepared by Gartner Lee Limited. A fence has been installed
along the north property boundary to ensure that incremental intrusion from the adjacent
agricultural use does not occur.
. Construct ponds in the compartment to enhance habitat diversity. A larger pond in the lower
western portion of the wetland restoration area and smaller excavated pockets will be provided.
The pond area will be approximately 10 x 15 m in area to a depth of at least 1 m. Ample water
from surface runoff, with possible groundwater contribution, is anticipated to maintain this area
in a wet condition most of the year. Similar depressions in the woodlot currently hold water
seasonally and meadow marsh vegetation does exist on the north side of the woodlot just west
of the restoration Area. The new pond would be designed in a similar way to these natural
areas. The side slopes of the pond will be graded to a slope of no more than 1 :4. Some meadow
marsh species will be salvaged from other locations on the property as sod blocks and moved
around the pond area. Additional shrub material, such as willows and dogwoods, will be
planted near the pond fringe as required, depending on the success of transplanted material.
Similarly, the new smaller excavated pockets will create wet areas for transplanted material and
complementary nursery stork to be established.
Woodlot Buffer
I Area 1.37ha (3.39 ac)
I Compartment(s): OS-l
Long Term (20 years)
. Conserve and protect the woodlot from intrusion by the composting operations and invasive
species.
Short Term (5-10 years)
. Establish a buffer ranging from 5 m to 40 m in width from the existing drip line on the south
side of the woodlot. Some small trees will be planted along the edge of the woodlot but most of
the buffer will be maintained as field vegetation. The edge of the buffer will be fenced to
prevent accidental intrusion by machinery.
· Actively manage to ensure that woody invasive plants, particularly Common buckthorn, do not
dominate the buffer. Nursery stock will be planted in the buffer along the south edge of the
woodlot to a width of 1 meter from the woodlot edge to ensure protection of the existing feature
and to add to the integrity of the forest edge. These plantings could include poplar, maple, ash,
~ Gartner lee
17
!!' SIL V-ECON LTD.
'1ESOll<CE~EMENTCO~ULWlTS
MILLER WASTE SYSTEMS CLARINGTON WOODLANDS
basswood, Choke cherry and Nannyberry. In particular, the planting plan will ensure the
establishment of forest edge species at the forest boundary of the buffer.
. Maintain drainage swale to preserve its function. The grading plan for the site includes a
drainage swale within the woodlot buffer to convey surface runoff from the woodlot and
areas to the north and east toward Tooley Creek. The approach prevents this surface flow
from coming in contact with the active compost pad. As the swale needs to maintain its
surface drainage function in the long term, it should not be allowed to regenerate to dense
woody shrubs and trees.
E!!l Gartner Lee
18
rr SILV-ECONLTD.
~ESOUIICE ~IlGEMENI CO~Sll"WITS
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MILLER WASTE SYSTEMS CLARINGTON WOODLANDS
","''''!*f<~~;jf..:t~J!ii:f,EA~~~D'C
.~&~~1~1;-~$E+W~~1t)(_,,--o.-;^_,.,., ,J_ _ ___:f~.,<;_
--'_:.<]-~_'_:,~.~<~~:~~y~~~I:,~~~~~~1IiI
David Pullock, Ph.D., R.P.F. Silv-Econ Ltd.
905-898-3085
silvecon@rogers.com
Catherine Dowling, RE.S., M.A. Gartner Lee Limited
905-477-8400 x 287
cdowling@ gartnerlee.com
Native Tree and Shrubs
Somerville Nurseries (conifer seedlings and polled conifers)
P.O. Box 70, Alliston, Ontario. L9R I T9. (705) 435-6258, fax (705) 435-4230
Chris Gynan (native tree seedlings & saplings)
Keswick, ON 905-989-0601
Rodent Guards
Quest plastics
2475 Tedlo Street, Mississauga, ON L5A 4A8
905-270-4438
Landowner Support & Publications
Ontario Forestry Association
200 Consumers Road, Suite 307
North York, ON M2J 4R4
800-387-0790
www.oforest.on.ca
Ontario Woodlot Association
RR # 4, 275 County Road 44
Kemptville, ON KOG 110
888-791-1103
www.ont-woodlot-assoc.org
Landowner Resource Centre
Box 599, 5524 Dickinson Street
Manotick, ON K4M lA5
613-692-2390
www.1rconline.com
~ Gartner Lee
22
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MILLER WASTE SYSTEMS CLARINGTON WOODLANDS
;;~l~a1!?i(~b~~~'*~~5;~._~~i"!>~{;~,,f;,j\l~~...~~,;;~;
.z~..,,,,,~>.::..,.~*~>~JtK,".,.,,.:,ft>. .'.>,:-{~~ffi?~W1fj~f_~'fff::::::k" ."':'.. .. '. ", - ',",', '.',",' ,:-::'-.. -"" _-. ;:. '",,',N_ ......_.'....0'<'" .......',.... " '" .0:"';'<: <;:',>:,...'....:...::'....c/'.".;.k;:,'}'f;.{'.__;:'::.~/n.>~~~;h;;,:,"~tf;'f~~~~~;,~.,.'w.,,:',i"'''.
Bain, M. and RE. Henshaw, 1994: The Durham Region Natural History Report 1993. Privately
published. 90 pp.
Chapman, L.J. and Putman, D.F. 1984. The Physiography of Southern Ontario; Ontario Geography
Survey, Special Volume 2, 270 p. Accompanied by Map P.2715 (coloured), scale 1:600000.
D.G. Biddle & Associates Ltd., 2006. Storm Drainage Report for the Miller Group. Tooley Creek
Watershed Municipality of Clarington.
Gartner Lee Limited (GLL). 2006. Consolidated Environmental Impact Statement. Clarington
Compost Facility. 46p. + appendices.
Goodburn, J.M., and C.G. Lorimer. 1998. Cavity trees and coarse woody debris in old-growth and
managed northern hardwood forests in Wisconsin and Michigan. Can. J. For. Res. 28: 427-438.
Lee, H.T., W.D. Bakowsky, J. Riley, J. Bowles, M. Puddister, P. Uhlig and S. McMurray. 1998.
Ecological Land Classification for Southern Ontario: First Approximation and its Application.
Ontario Ministry 0 Natural Resources, Southcentral Science Section, Science Development and
Transfer Branch. SCSS Field Guide FG-02.
Ministry of Natural Resources. 2006. A Guide to Stewardship Planning for Natural Areas. Second
Edition 2006. Natural Resources Information Centre, Peterborough, ON. 3Op.
Ministry of Natural Resources. 2004. Ontario Tree Marking Guide, Version 1.1. Ont. Min. Nat.
Resour. Queen's Printer for Ontario. Toronto. 228p.
Ministry of Natural Resources. 2000. A Silvicultural Guide to Managing Southern Ontario Forests.
Ont. Min. Nat. Resour. Queen's Printer for Ontario, Toronto, Ontario. 648p.
Ministry of Natural Resources. 1997. Do you have a healthy woodlot? Extension Notes LRC 30.
Landowner Resource Centre, Manotick, ON. 6p.
Ministry of Natural Resources. 1997. Forestry Talk: A Glossary of Common Terms. Extension
Notes LRC 31. Landowner Resource Centre, Manotick, ON. 8p.
Ministry of Natural Resources. 1996. Restoring old-growth features to managed forests in southern
Ontario. LandOwner Resource Centre LRC 27. Ont. Min. Nat. Resour. Queen's Printer for
Ontario. Toronto. 8p.
Oldham, M.J. 1999. Natural Heritage Resources of Ontario: Rare Vascular Plants. Third Edition.
Natural Heritage Information Centre, Ontario Ministry of Natural Resources, Peterborough,
Ontario. 53 pages.
e!J Gartner Lee
23
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MILLER WASTE SYSTEMS CLARINGTON WOODLANDS
Szuba, K, and Naylor, B. 1998. Forest Raptors and Their Nests in Central Ontario. Southcentral
Sciences Section Field Guide FG-03. Ontario Ministry Natural Resources. Queen's Printer for
Ontario. 78 pp.
Varga, S., D. Leadbeater, J. Webber, J. Kaiser, B. Crins, J. Kamstra, D. Banville, E. Ashley, G.
Miller, C. Kingsley, C. Jacobsen, K. Mewa, L. Teby, E. Mosley and E. Zalc, 2000.
Distribution and Status of the Vascular Plants of the Greater Toronto Area (Draft). Ontario
Ministry of Natural Resources, Aurora District. 103 pp.
Eel Gartner lee
24
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MILLER WASTE SYSTEMS CLARINGTON WOODLANDS
Appendix A
Breeding Birds at the Miller Waste Systems Clarington Site
June 2004 Gartner Lee Limited
Breed Locations
Other
locations
Common Name Scientific Name Status Evid. Woodlot on site.
American Woodcock Scolopax minor Po 1
Great Horned Owl Bubo virginianus Pr 1
Ruby-throated Hummingbird Archilochus colubris Po 1
Red-bellied Woodpecker Melanerpes carolinus RR C 1
Downy Woodpecker Picoides pubescens Po 1
Northern Flicker Golaptes auratus Po 1
Eastern Wood-Pewee Contopus virens Pr 2
Willow Flycatcher Empidonax trail/ij Pr 2
Great Crested Flycatcher Myiarchus crinitus Pr 1 1
Blue Jay Cyanocitta cristata Po 1
American Crow Corvus brachyrhynchos Pr 1
Black-capped Chickadee Parus atricapiflus Pr 1 2
White-breasted Nuthatch Sitta carolinensis AS Po 1
House Wren Troglodytes aedon Pr 2 1
Wood Thrush Hylocicla mustelina Pr 2 1
American Robin Turdus migratorius C 4 1
Gray Catbird Dumete/la caro/inens;s Po 1
Cedar Waxwing Bombycilfa cedrorum Po 2
European Starling Stumus vulgaris Pr 2
Red-eyed Vireo Vireo olivaceus Pr 7
Yellow Warbler Dendroica petechia Pr 8
Black-throated Blue Warbler Dendroica caerulescens AS Po 1
American Redstart Setophaga ruacilfa AS Po 1
Ovenbird Seiurus aurocapHlus AS Po 1
Mourning Warbler Oporomis philadelphia Pr 1
Common Yellowthroat Geothlyphis trichas Pr 1 3
Rose-breasted Grosbeak Pheucticus /udovicianus Pr 1 1
Indigo Bunting Passen'na cyanea Pr 2 1
Song Sparrow Melospiza melod;a Pr 3 5
Red-winged Blackbird Agelaius phoeniceus C 8
Common Grackle Quiscalus quiscula Po 1
Brown-headed Cowbird Molothrus ater Pr 1 2
Baltimore Oriole Icterus galbula Pr 1 1
American Goldfinch Cardeulis tristis Pr 1 2
Number of Individuals 87 40 47
Number of SDecies total 35 34 24 22
Status
AS - Area Sensitive
RR . Regionally Rare
AS - Area Sensitive
Breeding Evidence
Po - Possible Breeder
Pr - Probable Breeder
C - Confirmed Breeder
Additional Species Identified during Peer Review
(additional detail not available)
Swamp Sparrow Melospiza georgiana
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MILLER WASTE SYSTEMS CLARINGTON WOODLANDS
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26
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