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HomeMy WebLinkAbout97-247 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97-247 being a by-law to authorize the execution of Principles of Understanding between Blue Circle Canada Inc., and the Corporation of the Municipality of Clarington WHEREAS Council approved the recommendation contained in Report No. Admin-47-97 at its Special Meeting on November 3, 1997; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk on behalf of the Municipality are hereby authorized to execute the Principles of Understanding between Blue Circle Canada Inc. and the Municipality of Clarington substantially in the form and content of Attachment #4 to Report Admin-47-97. BY-LAW read a first and second time this 3rd day of November, 1997 BY-LAW read a third time and finally passed this 3rd day of November, 1997 i MAYOR Z o4 LZ y r CLERK 1 THESE PRINCIPLES OF UNDERSTANDING dated this 3rd day of November, 1997. BETWEEN: THE CORPORATION OF THE ' MUNICIPALITY OF CLARINGTON ("Municipality") ' OF THE FIRST PART - and - BLUE CIRCLE CANADA INC. ("Blue Circle") OF THE SECOND PART t ' PRINCIPLES OF UNDERSTANDING ' WHEREAS: ' A. Blue Circle is the owner in fee simple in possession of certain portions of Lot 11, Broken Front Concession, former Town of Bowmanville and of Lots 12, 13, 14, 15, 16 and 17, Broken ' Front Concession, former Township of Darlington now in the Municipality of Clarington and certain portions of the original road allowances between Lots 11 and 12, Lots 12 and 13, Lots 14 and 15, and Lots 16 and 17. Blue Circle also is the owner in fee simple in possession of a t water lot comprising Part 1 on plan of survey of record 1OR-2426 on a portion of which is constructed a dock. The lands owned by Blue Circle collectively are referred to hereafter as the t "Blue Circle Lands" and are shown on the Plan contained in Schedule "A" hereto. ■ -2- B. The Westside Marsh is located on the portions of the Blue Circle Lands which comprise parts of Lots 12 and 13, Broken Front Concession, former Township of Darlington now in the Municipality of Clarington; ' C. Presently, Blue Circle holds a licence to extract aggregate from the Westside Marsh under the Aggregate Resources Act; ' D. The Waterfront Regeneration Trust ("Trust") issued its Westside Marsh Report and ' Recommendations in November, 1995. This Report followed the submission by the Honourable David Crombie of the Interim Report on the Royal Commission on the Future of the Toronto ' Waterfront in 1990. The 1995 Report was prepared with the encouragement of the Municipality, the Community and Blue Circle's predecessor St. Marys Cement Corporation; ' E. Westside Marsh was identified by the Trust as the only Provincially significant Class II ' Wetland on the Durham shore of Lake Ontario. The Trust noted that it is valued highly by regional and local naturalists and by residents on the Municipality's waterfront. However, the ' limestone beneath the Westside Marsh is licensed for extraction and subject to protection under Provincial policy; F. In preparing its Report of November, 1995, the Trust organized a number of meetings ' between two groups of stakeholders to consider habitat issues and other community concerns related to St. Marys proposed developments in the Westside Marsh. While these meetings were ' ongoing, additional studies were conducted and the Trust met with relevant agencies and individuals to obtain additional expert information. The plan contained in the Trust Report stated the following objectives: ' • protect most of the Marsh and create a new habitat for fish, birds, plants and animals in order to achieve no net loss, overall, • create 120 acres of parkland to protect the community, a ' -3- • close approximately four (4) acres of Waverly Road which would be transferred to St. ' Marys Cement and provide access to Cedar Crest Beach by a bridge and road connection to West Beach Road, • relocate a portion of Westside Creek, east and then south, into the portion of Westside ' Marsh which will be retained; G. A Letter of Intent to Implement Fish Habitat, Mitigation and Compensation Measures dated August 27, 1997 ("Letter of Intent") has been executed by Blue Circle and the Central ' Lake Ontario Conservation Authority ("CLOCA"). A copy of the Letter of Intent is contained in Schedule "B" hereto. It is anticipated by the Parties that it will be executed in the near future ' by the other parties to it, being the Ontario Ministry of Natural Resources and the Fisheries and Habitat Management - Ontario Area of the Department of Fisheries and Oceans Canada and that ' an extension to the dates in it will be required; H. Blue Circle and CLOCA intend to enter into a monitoring and maintenance agreement respecting certain lands and facilities, hereafter referred to ("Maintenance and Monitoring ' Agreement"); ' I. The Municipality intends to enter into a Management Agreement with CLOCA respecting the planning and management of the Westside Creek Diversion located on Westside Creek ' Diversion Areas A and B, the Overflow Channel located on Overflow Channel Areas B and C, the Reconfigured Westside Marsh, the Marsh Link Area, the Bowmanville Marsh and the ' Bowmanville Valley Lands ("Management Agreement"); ' J. The Letter of Intent and the Maintenance and Monitoring Agreement will implement to the extent reasonably possible, fish habitat, mitigation and compensation measures which are ' intended to ensure that the reconfiguration of the Westside Marsh into the smaller "Reconfigured Westside Marsh" (as hereafter defined) and the diversion of the Westside Creek to flow into the ' Reconfigured Westside Marsh will not result in a net loss overall in fish habitat. Similarly, the implementation of the Management Agreement is intended to ensure to the extent reasonably J, ' -4- possible, that there will be no net loss overall in wildlife habitat and vegetation through measures that will be designed to appropriately replace the ecological functions of the present Westside Marsh with appropriate ecological functions for the Reconfigured Westside Marsh, and the "Marsh Link Area", the "Bowmanville Marsh" and the "Bowmanville Valley Lands" (all as hereafter defined) and adjacent wetlands with which the Reconfigured Westside Marsh will inter- ' act. ' K. Ontario Hydro is the owner in fee simple in possession of those lands which comprise certain portions of Lots 11, 12, 13, 14 and 15, Broken Front Concession, former Township of ' Darlington, now in the Municipality of Clarington. They are referred to in these Principles as the "Ontario Hydro Lands" and are shown on the Plan contained in Schedule "A" hereto; L. Blue Circle intends to acquire perpetual easements from Ontario Hydro on the portions ' of the Ontario Hydro Lands which are identified on the Plan contained in Schedule "A" hereto and which are referred to in these Principles as the "Westside Creek Diversion Area A". Blue Circle will transfer these easements to CLOCA forthwith after the completion of construction of the "Westside Creek Diversion Works" (as hereafter defined); ' M. "Westside Creek Diversion Area B" referred to in these Principles comprises those portions of the Blue Circle Lands which are identified on the Plan contained in Schedule "A" ' hereto. Title in fee simple in possession to the Westside Creek Diversion Area B will be retained by Blue Circle; N. "Overflow Channel Area A" and "Overflow Channel Area B" referred to in these ' Principles comprise those portions of the Blue Circle Lands which are identified as such on the Plan contained in Schedule "A" hereto. "Overflow Channel Area C" referred to in these Principles presently comprises a portion of the Waverly Road Allowance identified on the aforesaid Plan. Blue Circle will retain title in fee simple in possession in Overflow Channel Area A and will transfer Overflow Channel Area B to CLOCA or as otherwise directed by the Municipality. -5- O. The "Future Quarry Area" referred to in these Principles comprises the portion of the ' Blue Circle Lands which is identified as such on the Plan contained in Schedule "A" hereto. Blue Circle will retain title in fee simple in possession in the Future Quarry Area; P. The "Reconfigured Westside Marsh" referred to in these Principles comprises the portion of the Blue Circle Lands which are identified as such on the Plan contained in Schedule "A" hereto. Blue Circle will transfer title in fee simple in possession in the Reconfigured Westside ' Marsh to CLOCA or as otherwise directed by the Municipality; ' Q. The "Marsh Link Area", "Bowmanville Marsh" and "Bowmanville Valley Lands" referred to in these Principles comprise those portions of the Blue Circle Lands which are ' identified as such on the Plan contained in Schedule "A" hereto. Blue Circle will transfer title in possession in the Marsh Link Area, the Bowmanville Marsh, and the Bowmanville Valley ' Lands to CLOCA or as otherwise directed by the Municipality, subject to the Municipality's option to purchase them for a nominal consideration if CLOCA is dissolved or if its composition and powers are materially altered from those in place on the date of these Principles ("Option ' to Purchase"); ' R. Blue Circle will construct and install at its cost certain works and vegetation for the Westside Creek Diversion on Westside Creek Diversion Areas A and B ("Westside Creek ' Diversion Works") in accordance with the plans, drawings, specifications and schedule of construction and installation contained in Schedule "D" hereto ("Westside Creek Diversion Works Plan"), the Letter of Intent, and the Monitoring and Maintenance Agreement. Blue Circle will maintain the Westside Creek Diversion Works as provided in the Letter of Intent and the Monitoring and Maintenance Agreement; ' S. Blue Circle will construct and install at its cost the Overflow Channel on Overflow Channel Areas A, B and C in accordance with plans, drawings, specifications and schedule of construction and installation contained in Schedule "E" hereto ("Overflow Channel Works Plan"). Blue Circle will maintain the Overflow Channel Works as provided in the Letter of Intent and the Monitoring and Maintenance Agreement; ' T. Blue Circle will construct a bridge or culvert of appropriate dimensions and load carrying capacity over or through the portion of Overflow Channel Area A to provide emergency access ' by emergency vehicles including fire-fighting vehicles to the homes located on the lands within registered plans of subdivision 318 and 659 via the Blue Circle Lands to Highway No. 401 as provided in these Principles; iU. Without fettering Council in the exercise of its legislative discretion in order to establish the Reconfigured Westside Marsh, the Marsh Link Area, the Bowmanville Marsh and the ' Bowmanville Valley Lands in accordance with the intent of these Principles, the Parties intend that a portion of Waverly Road should be closed and conveyed to Blue Circle as the owner in ' fee simple of the abutting lands. Without fettering Council in the exercise of its legislative discretion, the Parties intend that in the interim, the Municipality will lease a portion of a existing private road located on the Blue Circle Land together with certain extensions thereof. The roads referred to in these Principles are shown on the Road Map contained in Schedule "F" hereto; ' V. "Cove Road" identified on the Road Map contained in Schedule T" hereto presently is a private road extending from West Beach Road and terminating easterly of the Westside Creek. The Municipality intends to seek to acquire Cove Road from the persons who have interests in ' it and the necessary right-of-way for a single span bridge, over the Westside Creek ("Westside Creek Bridge") and approaches which also are identified on the Road Map. Without fettering the Municipality's Council in the exercise of its legislative discretion if Cove Road and the right- of-way for the proposed Westside Creek Bridge and approaches are acquired by the Municipality, the Municipality intends to reconstruct Cove Road and to construct Westside Creek Bridge and dedicate the same as a public highway. This will provide a public highway ' connection from Cedar Crest Beach Road to West Beach Road via Cove Road and the Westside Creek Bridge. The construction and reconstruction is intended to be undertaken in accordance with the plans and drawings contained in Schedule "G" hereto ("Cove Road and Westside Creek Bridge Plans and Specifications"). i NOW THEREFORE WITNESSETH THAT in consideration of the premises and rthe covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby ' acknowledged), the Parties hereto covenant and agree to and with each other as follows: ' 1. Principles are Conditional These Principles are conditional on, r (i) all necessary approvals of the undertakings referred to in these Principles being granted pursuant to the Environmental Assessment Act and applicable legislation of the Province of Ontario; and (ii) all necessary approvals being obtained under applicable legislation of Canada.. ' 2. Schedules ' i 1 . These Principles contain the following Schedules ' Schedule "A" - "Plan Showing Areas and Description of Blue Circle Lands" Schedule "B" - "Letter of Intent" Schedule "C" - "Statement of Purposes" Schedule "D" - "Westside Creek Diversion Works Plan" ' Schedule "E" - "Overflow Channel Works Plan" Schedule "F" - "Road Map" � f -8- Schedule "G" _ "Cove Road and Westside Creek Bridge Plans and Specifications" Schedule "H" - "Description of Reserves Abutting Portions of ' Waverly Road Schedule "I" - "Estimated Costs of Construction of Cove Road, Westside Creek Bridge and Extensions of Temporary Public Highway" Schedule "J" - "Schedule of Construction of Westside Creek Diversion Works" Schedule "K" - "Plan Showing Easement Areas and Description of Transferee and Scope" Schedule "L" - "Modification of Region of Durham Official Plan" Schedule "M" - "Modifications of Clarington Official Plan" ' Schedule "N" - "Zonin g Amendment 1" ' Schedule "O" - "Zoning Amendment 2" ' Schedule "P" - "Permitted Encumbrances" ' 3. Waverly Road (a) Blue Circle has applied to the Municipality of Clarington for the enactment of the necessary by-laws to close and authorize the conveyance to Blue Circle of the ' portion of Waverly Road identified on the Road Map contained in Schedule "F" hereto as Proposed Closure Area A together with the abutting reserves set out in Schedule "H" hereto. Blue Circle at its expense will cause to be prepared and deposited on title in the Land Registry Office, a Reference Plan identifying ' Proposed Closure Area A, "Proposed Closure Area B", "Proposed Closure Area C" and "Proposed Closure Area D" (each term as hereafter defined) as separate Parts. The Parties will act expeditiously so that, if possible, since the hearing of persons interested in the proposed by-law respecting Proposed Closure Area A and the abutting reserves set out in Schedule "H" hereto has been held by Council September 29, 1997, Council will be in a position to make a decision on Blue Circle's application as soon as is reasonably practicable to do so. (b) Without fettering Council in the exercise of its legislative discretion, the Parties iexpress their present intention that as soon as is reasonably practicable after the enactment of the dedication by-law referred to in Paragraph 6 hereof respecting ' "Cove Road and the Westside Creek Bridge" (as hereafter defined), Council will consider whether to close and authorize the conveyance to Blue Circle of "Proposed Closure Area B" shown on the Road Map contained in Schedule "F" hereto together with the abutting reserves set out in Schedule "H" hereto provided ' that either the Municipality is satisfied that a cul de sac to the Municipality's rural standards will be available for turning vehicles and is secured by a perpetual easement transferred to the Municipality by Ontario Hydro at no cost to the Municipality or the Municipality retains title to the land required from the northerly portion of Proposed Closure Area B as a turning circle for vehicles ' traversing Waverly Road. ' (c) Without fettering Council in the exercise of its legislative discretion, the Parties express their present intention that the consideration to be paid by Blue Circle to ' the Municipality for the conveyance to Blue Circle of Proposed Closure Areas A and B and the abutting reserves set out in Schedule "H" hereto, and by Blue ' Circle, as its contribution to the "Cove Road and the Westside Creek Bridge Works 11 (as hereafter defined) will be: i the payment to the Municipality of the sum of $707,800.00 which shall ( ) P Y P t3' ' include $337,250.00 as the consideration for the transfer to Blue Circle of Proposed Closure Area A, Proposed Closure Area B and the reserves abutting them with the value of $337,250.00 being allocated to Proposed Closure Area A, Proposed Closure Area B and the reserves abutting them r -10- on a proportionate basis calculated on the areas of Proposed Closure Area A, Proposed Closure Area B and the reserves abutting them; ' (ii) the payment to CLOCA of at least the sum of $70,000.00 or to the "CLOCA. Foundation" (as hereinafter defined) of at least the sum of i $94,500.00 or of at least the sum of$70,000.00 to the Municipality or as directed by the Municipality in accordance with paragraph 12; (iii) the transfer to the Municipality of Parts 9 and 13 on draft plan of survey ' prepared by Brown and Coggan under File No. 1970710; ' (iv) the transfer of the Marsh Link Area, the Bowmanville Marsh and the Bowmanville Valley Lands to CLOCA or as otherwise directed by the Municipality in accordance with paragraph 8 (a) (ii); (v) the delivery of transfers to CLOCA in escrow of the Reconfigured ' Westside Marsh, with the exception of Part 9 on draft plan of survey prepared by Brown and Coggan under File No. 1970710 as provided in ' paragraph 8(a)(iv) of these Principles; and ' (vi) the entering into by Blue Circle of the other agreements set out in these Principles, all in accordance with the provisions of these Principles. ' d Without fettering Council in the exercise of its legislative discretion, the Parties ( ) g g express their present intention that on the application of Blue Circle, Council will consider a by-law to close the portions of Waverly Road identified on the Road ' Map contained in Schedule "F" hereto as "Proposed Closure Area C" and the abutting reserves set out in Schedule "H" hereto and "Proposed Closure Area D" ' and the abutting reserves set out in Schedule "H" hereto and will consider a by- law to authorize the conveyance of Proposed Closure Area C to Blue Circle. The n ' -11- Parties acknowledge that the lands comprising Proposed Closure Area C and 1 abutting reserves are intended by Blue Circle to be part of a buffer zone for the quarry on the Blue Circle Lands. Without fettering Council in the exercise of its tlegislative discretion, the present intention of the Parties is that Council will consider this intended use of Proposed Closure Area C and abutting reserves in ' determining the consideration to be paid by Blue Circle in exchange for their conveyance to Blue Circle by the Municipality. Council and Blue Circle may ' also consider as part of the consideration for the conveyance of Proposed Closure Area C and abutting reserves, accepting Blue Circle's covenant on terms ' acceptable to both parties to keep in repair and maintain the bridge over the CN railway right-of-way identified on the Road Map contained in Schedule "F" hereto. It is understood and agreed by the Parties that when it submits its application to the Municipality for the closure and conveyance to it of Proposed Closure Area C, Blue Circle will provide the Municipality with evidence ' satisfactory to the Municipality's Director of Public Works either that it owns the abutting portions of Waverly Road with the exception of the reserves set out in ' Schedule "H" hereto, or that the owners thereof have consented to the closure of them as a public highway and conveyance of them to Blue Circle. (e) Without fettering Council in the exercise of its legislative direction, it is the intention of the Parties that on application of CLOCA, Council will consider by- laws to close and to authorize the conveyance of Proposed Closure Area D together with the abutting reserves set out in Schedule "H" hereto, to CLOCA. Effective on the date of closing of the "Temporary Public Highway" (as ' hereinafter defined), as a public highway and termination of the Lease (as hereinafter defined), Blue Circle hereby irrevocably consents to the closure of Proposed Closure Area D as a public highway and to its conveyance to CLOCA for a nominal consideration. ' -12- 4. Lease, Improvement and Dedication of Temporary Public Highway 1 (a) Forthwith after the execution of these Principles, Blue Circle will construct the ' extension of the private road shown on the Road Map contained in Schedule "F" to Waverly Road in accordance with plans and specifications approved by the Municipality's Director of Public Works acting reasonably provided that the Director shall have regard for the temporary nature of the Temporary Public Highway in making his determination as aforesaid. (b) If Council decides to pass the necessary by-laws to close and authorize the conveyance to Blue Circle of Proposed Closure Area A and abutting reserves as ' referred to in paragraph 3(a), prior to (1) the passing of the aforesaid by-laws by Council and (2) the occurrence of the Closing Date, Blue Circle will lease ("Lease") on a wholly net basis, except as otherwise provided in paragraphs 4(a) and 4(b), the portion of private road and the extension of it to Waverly Road shown on the Road Map contained in Schedule "F" (collectively referred to as the ' "Temporary Public Highway") to the Municipality for a single payment of a capitalized rent of $2.00, the receipt whereof is hereby acknowledged by Blue Circle. Until dedication of the Temporary Public Highway as a public highway, ' Blue Circle shall be entitled to use it as a roadway for its operations. The Lease shall provide that Blue Circle will have the right either to cross over the Temporary Public Highway or to tunnel under the Temporary Public Highway or ' to construct the bridge over the Temporary Public Highway including, without limitation in all cases the right to install and maintain a conveyer for materials for ' the purposes of transporting raw materials for processing at its plant; provided that all costs of constructing and maintaining any such improvements shall be the ' responsibility of Blue Circle and all such improvements shall be made in accordance with plans and specifications approved by the Municipality's Director of Public Works, acting reasonably and provided further that the use of the Temporary Public Highway as a public highway is not interrupted except for ' -13- temporary disruptions first approved by the Director acting reasonably if an ' alternate route acceptable to the Director is provided for the period of the temporary disruption. Without limiting the generality of the foregoing, Blue ' Circle shall be entitled to have at least a total of four truck crossing points across the Temporary Public Highway and Waverly Road at such locations as may be ' approved by the Municipality's Director of Public Works, acting reasonably. The Lease shall provide that Blue Circle shall only have the right to exercise the foregoing rights in the event that the terms of the escrow set out in paragraph 8(a)(iv) have extended more than three years from the Closing Date. The Lease ' shall be subject to a condition subsequent of the transfer to Blue Circle of the Proposed Closure Area A and abutting reserves referred to in paragraph 3(a) and ' shall have a term of one year which shall be automatically renewed until it shall terminate on the day on which the Municipality's Council passes a by-law dedicating Cove Road and the Westside Creek Bridge (or any readjustment thereto or alternative access as determined by Council) as a public highway. Until Blue Circle gives the Municipality written notice pursuant to paragraph ' 8(a)(iv) requiring the return of the escrowed transfers and the repayment of the sum of money referred to therein, Blue Circle will indemnify the Municipality ' against the capital cost of necessary improvements to or reconstruction of the portion of the road that contains a culvert under the Temporary Public Highway, ' as may be deemed necessary by the Municipality's Director of Public Works acting reasonably, provided that the Director shall have regard for the temporary ' nature of the Temporary Public Highway in making his determination as aforesaid. Without derogating from the foregoing, the Lease shall also provide ' that the Municipality shall maintain at its expense the Temporary Public Highway for the term of the Lease. (c) Without fettering the Municipality's Council in the exercise of its legislative ' discretion, the Parties express their present intention that by-laws will be passed: -14- (i) prior to the occurrence of the Closing Date to dedicate the Temporary Public Highway as a public highway until the termination of the Lease; and on or as soon as is reasonably practicable after the dedication of Cove Road and the Westside Creek Bridge as a public highway, to close the Temporary Public Highway as a public highway. 5. Emergency Access to Cedar Crest Beach Road (a) Blue Circle hereby irrevocably licences to the Municipality for a nominal consideration a portion of the Blue Circle Lands to be selected by Blue Circle which is acceptable to the Municipality's Director of Public Works acting reasonably to provide an emergency access route for emergency vehicles including fire vehicles from Highway 401 to the westerly terminus of Cedar Crest Beach Road and for residents of homes in plans of subdivision 318 and 659 in the event of flood. The consideration for the licence hereby granted is a single capitalized payment of $2.00, receipt whereof is hereby acknowledged by Blue ' Circle. Subject to paragraph 5(c), the emergency access route is intended to be the access route used by Blue Circle to its current dock with an extension to Cedar Crest Road and a connection to Waverly Road. The emergency access route will be kept in repair and will be maintained by Blue Circle at its expense. ' Blue Circle shall install at its cost a barrier to non-emergency vehicles at the southerly terminus of the emergency route. ' e licence shall also provide that the Municipality, police and ambulance The p p ty, p ' services and the residents of homes within plans of subdivision 318 and 659 shall use the emergency access route at their own risk. The Municipality for itself and ' the residents of plans of subdivision 318 and 659 who use the emergency access route in the event of a flood, and such other services for themselves shall -15- indemnify and save Blue Circle harmless from any costs, damages, losses or ' liability arising from or in consequence of the use of such emergency access route. The licence shall automatically terminate on the opening of either of a ' grade separation at the intersection of Port Darlington Road and the CN railway right of way or on opening of extensions either of Duke Street or Liberty Street rover or under Highway 401 and via a grade separation at the intersection of Duke Street or Liberty Street, as the case may be, and the CN railway right of way, twhichever shall first occur. In the event that after the termination of the licence the residents of homes in plans of subdivision 318 and 659 need to cross the Blue Circle Lands as a result of flooding, Blue Circle hereby irrevocably consents to such crossing(s). (b) If the emergency access route referred to in paragraph 5(a) will traverse the ' Overflow Channel Area A a bridge or culvert of appropriate dimensions and load carrying capacity to accommodate emergency vehicles using the route will be constructed by Blue Circle at its cost in accordance with plans and drawings ' which have been first approved in writing by the Municipality's Director of Public Works. The Director shall not refuse either to accept an emergency access ' route or to approve plans and drawings for a bridge or culvert if the bridge or culvert will have sufficient load bearing capacity to accommodate fire vehicles and the emergency access route will be designed to accommodate radii for fire vehicles. c Blue Circle may from time to time replace the emergency access route referred ( ) Y P g Y ' to in paragraphs 5(a) and 5(b) with a new emergency access route on the Blue Circle Lands from Cedar Crest Beach Road to Highway 401. Paragraphs 5(a) and 5(b) apply in respect of each substituted emergency access route with necessary changes to it to give effect to this paragraph 5(c) being deemed to have been made. r ' -16- 6. Cove Road and the Westside Creek Bridee 1 (a) Without fettering Council in the exercise of its legislative discretion, the Parties express their present intention that after complying with all legal requirements, the Municipality as soon as reasonably practicable: 1 (i) will acquire title to the lands required for Cove Road and the Westside rCreek Bridge; (ii) will reconstruct Cove Road and the approaches to it, and construct Westside Creek Bridge and approaches to it in accordance with all legal ' requirements and the Cove Road and the Westside Creek Bridge Plans and Specifications; and i ' (iii) forthwith after the Municipality's Director of Public Works gives Blue Circle written notice that Cove Road and the Westside Creek Bridge and the approaches to them have been reconstructed or constructed to his satisfaction, they will be dedicated by by-law passed pursuant to the Municipal Act as a public highway and the obligation to keep Cove Road, the Westside Creek Bridge and approaches to them in repair and ' maintained will be assumed by the Municipality pursuant to the Municipal Act. ' (b) The Parties acknowledge that the legal re q uirements referred to in paragraph 6(a) include the requirement to comply with the Ontario Environmental Assessment Act, the Navigable Waters Protection Act (if applicable), the Canada Environmental Assessment Act (if applicable), as well as regulations enforced by CLOCA. r 1 1 -17- (c) The preliminary estimate of the Parties of all costs of acquiring the interests of ' all persons in Cove Road, the Westside Creek Bridge and the approaches to them, the reconstruction of Cove Road, and of the construction of the Westside Creek ' Bridge and approaches to them is contained in Schedule "I" hereto. In the event that the total as-built costs of reconstruction and construction of the Cove Road tand Westside Creek Bridge Works exceeds the total of all of the estimated costs set out in Schedule "I", then in respect of servicing and associated costs for only ' Ontario Hydro, Clarington Hydro and Bell Canada, Blue Circle will pay to the Municipality an amount equal to one-half the difference of the increase of such tcosts in excess of the estimates for Ontario Hydro, Clarington Hydro and Bell Canada after being given written notice of the aforesaid as-built costs by the rMunicipality's Director of Public Works forthwith after written demand therefor is given to it by the Municipality. 7. Actions Prior to and After Closing Date ( (a) Prior to the "Closing Date" (as hereafter defined) Blue Circle at its cost, 1 (i) will execute an agreement for the acquisition of a perpetual easement from Ontario Hydro in that portion of the Ontario Hydro Lands which comprise the Westside Creek Diversion Area A which will be transferred on completion of the Westside Creek Diversion Works to CLOCA for a nominal consideration; (ii) will execute a letter of intent to implement fish habitat mitigation and compensation measures with the Department of Fisheries and Oceans, Canada and other persons substantially with the content of the Letter of Intent contained in Schedule "B" hereto subject from time to time to an extension of timing set out therein to accommodate the timing contemplated by these Principles and any delays resulting from the -18- Municipality's inability to satisfy the terms of the escrow set out in 1 paragraph 8(a)(iv); (iii) will execute a Monitoring and Maintenance agreement with CLOCA respecting the Westside Creek Diversion Areas A and B, and Overflow Channel Areas A, B and C which contain terms satisfactory to the Municipality's Director of Public Works; r (iv) will prepare and use its best efforts to obtain the written approval of the Department of Fisheries and Oceans, Canada, the Ministry of Natural Resources, CLOCA and the Municipality's Director of Public Works of ' the Westside Creek Diversion Works Plan, Dyke Area A, Dyke Area B and the Overflow Channel Works Plan. (The approved plans are referred to in these Principles as the "Approved Westside Creek Diversion Works Plans" and the "Approved Channel Overflow Works Plans" respectively.) (b) After the Closing Date, and in any event, no later than 12 months after the date of closing of the Temporary Public Highway as a public highway, Blue Circle at its cost will commence the construction and installation of the Westside Creek Diversion Works and will proceed to complete the same in good faith and with reasonable expedition in accordance with the Approved Westside Creek Diversion Works Plan and with the schedule of construction contained in Schedule "Y ' hereto, subject to "Force Majeure" (as hereafter defined), provided that if the Letter of Intent is not amended from time to time to coincide with the aforesaid ' date of commencement, the date of commencement set out in this paragraph 7(b) shall be deemed to be that set out in the Letter of Intent. c After the Closing Date, and in an event no later than 12 months after the date ( ) g Y ' of closing of the Temporary Public Highway as a public highway, Blue Circle at its cost will commence the construction and installation of the Overflow Channel -19- Works, and proceed to complete the same in good faith and with reasonable expedition in accordance with the Approved Overflow Channel Works Plan and with the schedule of construction contained in Schedule 'T' hereto, provided that if the Letter of Intent is not amended from time to time to coincide with the aforesaid date of commencement, the date of commencement set out in this paragraph 7(c) shall be deemed to be that set out in the Letter of Intent. Blue Circle's obligation for the Overflow Channel Works is subject to the Municipality conveying Proposed Closure Area D and the abutting reserves set out in Schedule "11" hereto to CLOCA and CLOCA allowing Blue Circle to have access to icomplete such works. (d) For the purposes of these Principles, the term "Force Majeure" means any delay for the duration of the delay which is imposed by reason of strikes, lockouts; rriots, wars or acts of military authority, acts of public enemies, sabotage, epidemics, washouts, nuclear and radiation activity or fallouts, rebellion or civil commotion, fire or explosion; flood, wind, water, earthquake or other casualty, prohibitory governmental laws or regulations, or an Act of God and any act, omission or event whether of the kind herein enumerated or otherwise not within the control of Blue Circle, and not caused by the deliberate default or act or omission by Blue Circle and not avoidable by the exercise of reasonable effort or foresight by Blue Circle. ' 8. Closing Date (a) On the Closing Date, (i) if (1) the portion of Waverly Road comprising the land within Proposed Closure Area A has been closed as a public highway by the Municipality's ' Council by the enactment of the necessary by-law under the Municipal Act, (2) that by-law has been registered in the Registry Office for the r j -20- Registry Division of Durham(No. 40), and(3) the Municipality's Council has authorized the transfer to Blue Circle of Proposed Closure Area A together with the abutting reserves more particularly described in Schedule ' "H" hereto, the Municipality shall transfer Proposed Closure Area A and the abutting reserves to Blue Circle in fee simple, free and clear of rencumbrances and restrictions except for Permitted Encumbrances set out in Schedule "P" and the parties agree that for purposes of the Land Transfer Tax Affidavit, the value of the consideration for this transfer shall be based on multiplying the total consideration of$337,250.00 by a ' fraction, the denominator of which shall be the total area of Proposed Closure Areas A and B and the abutting reserves and the numerator of which shall be the area of Proposed Closure Area A and its immediate abutting reserves; and Blue Circle shall transfer to CLOCA or as otherwise directed by the Municipality the Marsh Link Area, the Bowmanville Marsh and the Bowmanville Valley Lands, in fee simple, free and clear of encumbrances and restrictions other than Permitted Encumbrances set out in Schedule "P" and the Option to Purchase which Blue Circle shall grant to the Municipality, except that in the case of the Marsh Link Area Blue Circle ' may reserve to itself a perpetual easement of access to the Westside Creek Diversion Area "B" over Easement Area "B" shown on the plan contained ' in Schedule "K" hereto as provided in Schedule "K"; and Blue Circle shall pay the sum of $707,800.00 to the Municipality in accordance with paragraph 3(c) and the sum of either not less than $70,000.00 to CLOCA or not less than $94,500.00 to the CLOCA Foundation or the payment of at least $70,000.00 to the Municipality or ' as directed by the Municipality in accordance with paragraph 12; ' -21- (iv) Blue Circle shall deliver in escrow to the Municipality, a transfer of the ' Reconfigured Westside Marsh, with the exception of Part 9 on draft plan of survey of record prepared by Brown and Coggan under File No. 1970710 to CLOCA or as otherwise directed by the Municipality in fee simple, free and clear of encumbrances and restrictions other than (1) a ' perpetual easement of support of Dyke Area "B" in accordance with the plan contained and the relevant portion of the text of Schedule "K", (2) a temporary easement to permit the construction and installation of the Westside Creek Diversion Works and monitoring and maintenance of the same in accordance with the Letter of Intent and the Monitoring and Maintenance Agreement, (3) Permitted Encumbrances set out in Schedule "P", and (4) the Option to Purchase the Reconfigured Westside Marsh which Blue Circle shall grant to the Municipality. The escrow condition ' of delivery shall be fully satisfied and the delivery of the transfer shall be effective on the latest to occur of (1) the dedication of Cove Road, the Westside Creek Bridge and approaches to them as a public highway, (2) the registration of a by-law closing the Temporary Public Highway as a public highway in accordance with the Municipal Act, and (3) the surrender of the Lease of the Temporary Public Highway. If the escrow has not been satisfied on or before the expiry of 3 years following the Closing Date (which shall be automatically extended by the period of any ' litigation preventing the Cove Road reconstruction, the Westside Creek Bridge construction, the dedication of Cove Road and the Westside Creek Bridge and approaches as a public highway or the closing of the ' Temporary Public Highway as a public highway and the period of Force Majeure, provided that such extension shall occur only so long as the Municipality is actively conducting such litigation in good faith) Blue Circle by written notice given to the Municipality may require (1) the ' return of the escrowed transfer of the Reconfigured Westside Marsh, (2) the return of the escrowed transfers of the easements referred to in I j -22- paragraph 8(a)(v), (3) if Proposed Closure Area B with abutting reserves ' have not been conveyed to Blue Circle by the Municipality, the repayment of a sum equal to the proportionate value of the sum of$337,250.00 paid iby Blue Circle to the Municipality on the Closing Date which is attributable to Proposed Closure Area B and abutting reserves with the ' calculation to be made in the same manner as set out in paragraph 8(a)(i), and (4) the repayment to Blue Circle of the sum of $370,550.00 paid by Blue Circle to the Municipality on the Closing Date less one half of the costs expended by the Municipality following the date of execution by the Parties of the Principles either to pay or to indemnify itself in respect of the costs incurred for one or more of the purposes set out in Schedule "C". If the escrowed transfer of the Reconfigured Westside Marsh and escrowed transfer of the easements are returned to Blue Circle, Blue Circle shall have no further obligation hereunder to transfer the same. In the event that the transfer of the Reconfigured Westside Marsh is rendered void by reason of the provisions of the Perpetuities Act, R.S.O. 1990, c.P.9, as amended or any successor legislation, the obligations of Blue Circle with respect to the fisheries habitat referred to in the Letter of Intent, the obligations referred to in the Monitoring and Maintenance Agreement with CLOCA and the obligations with respect to the construction of the Westside Creek Diversion Works shall also be rendered void. v Subject to paragraph 8 a iv , Blue Circle shall deliver in escrow to the ( ) J P g P ( )( ) Municipality transfers to CLOCA or otherwise directed by the Municipality of perpetual easements in Easement Areas "C", "D,", "DZ", "G" and "H" shown on the plan contained in Schedule "K" hereto, free and clear of encumbrances and restrictions other than Permitted Encumbrances set out in Schedule "P" and the Option to Purchase which f -23- Blue Circle shall grant to the Municipality, in the areas, for the purposes and to the transferees also as set out in Schedule "K" hereto; and ' (vi) Blue Circle shall deliver to the Municipality transfers of Parts 9 and 13 on draft plan of survey prepared by Brown and Coggan under File No. 1970710 in fee simple free and clear of all encumbrances and restrictions other than Permitted Encumbrances set out in Schedule "Y'. The Option to Purchase referred to in these Principles shall be granted for a nominal ' consideration and have a form and content satisfactory to the Municipality's solicitor acting reasonably, provided that the Municipality assumes the rights and duties of ' CLOCA under the Monitoring and Maintenance Agreement. (b) The Closing Date ("Closing Date") shall be three business days (excluding Saturdays, Sundays, and statutory holidays) after the last to occur of the following tevents: (i) satisfaction of the conditions set out in paragraph 1 of these Principles; (ii) the passing of by-laws by Council to close and authorize the conveyance of the portion of Waverly Road comprising the Proposed Closure Area A and reserves abutting such Area; (iii) the Lease to the Municipality by Blue Circle of the Temporary Public ' Highway; (iv) the passing of a by-law by the Municipality to dedicate the Temporary Public Highway until the expiry of the term of the Lease thereof to the ' Municipality; -24- (v) the date of approval of the later to be approved of the Approved Westside Creek Diversion Works Plan and the Approved Overflow Channel Works Plan as referred to in paragraph 7; (vi) the execution by Blue Circle and the other parties to it of the Letter of Intent referred to in paragraph 7(a)(ii); (vii) the execution by Blue Circle and the other party to it of the Monitoring and Maintenance Agreement referred to in paragraph 10; (viii) the execution of an agreement by Blue Circle and Ontario Hydro to itransfer an easement in Westside Creek Diversion Area A to CLOCA on completion of the construction of the Westside Creek Diversion Works; (ix) plans of survey have been prepared and deposited on title as provided in paragraph 16; (x) satisfaction of the conditions set out in paragraph 23 of these Principles; and (xi) the completion of the acquisition by the Municipality of all lands and interests in land, required for the reconstruction of Cove Road and the construction of the Westside Creek Bridge. ' 9. Fisheries Habitat Provided that the Letter of Intent containing terms satisfactory to. Blue Circle acting reasonably is executed on behalf of Blue Circle, CLOCA, the Ontario Ministry of Natural Resources and the Fisheries and Habitat Management - Ontario Area of the Department of Fisheries and Oceans, Canada, Blue Circle at its cost and in accordance with paragraphs 7(b) ' _25_ and 7(c) hereof, will construct and install the Westside Creek Diversion Works including the ' dykes on Dyke Areas A and B shown on Schedule "A" hereto in accordance with the Approved Westside Creek Diversion Works Plan and the Approved Overflow Channel Plan and maintain ' the same at its cost in accordance with the provisions of the Letter of Intent and the Monitoring and Maintenance Agreement subject to Force Majeure. 10. Monitoring and Maintenance Agreement (a) Forthwith after the execution of these Principles, Blue Circle will enter into a ' Monitoring and Maintenance Agreement with CLOCA containing terms satisfactory to Blue Circle acting reasonably, respecting the Westside Creek ' Diversion Works, and the Overflow Channel Works. (b) Subject to the terms of these Principles, Blue Circle will perform each of its covenants to CLOCA respecting the Westside Creek Diversion Works and the Overflow Channel Works which are contained in the Monitoring and Maintenance Agreement subject to Force Majeure. 11. Management Agreement -26- (a) The Municipality will use its best efforts to settle the terms of and will execute ' an appropriate Management Agreement with CLOCA in respect of the planning and the management of the "Westside/Bowmanville Marsh Wetland Complex" which comprises the Westside Creek Diversion Areas A and B, the Overflow Channel Areas A, B and C, Dyke Area B, the Reconfigured Westside Marsh, the Marsh Link Area, the Bowmanville Marsh, the Bowmanville Valleylands and the wetlands and valleylands south of the CN railway. (b) The principal objective of the Management Agreement will be to ensure to the extent reasonably possible, by the actions of the parties to it that there will be no net loss overall in wildlife habitat and vegetation of the present Westside Marsh. ' The Management Agreement will define the roles and responsibilities including the financial responsibilities of the parties to it, as well as the members of the general community who are interested in ensuring that the ecological functions of the present Westside Marsh will be replaced with appropriate ecological functions in the Westside/Bowmanville Marsh Wetland Complex. In order to address this and related issues, the Municipality will co-operate with CLOCA in the preparation of a Management Plan for the Westside/Bowmanville Marsh Wetland ' Complex. 12. Contribution to Start-Up Process (a) To assist CLOCA in obtaining necessary funds to meet the start-up costs of its management of the Westside/Bowmanville Marsh Wetland Complex, conditional on (1) Blue Circle paying to the Municipality the sum of $707,800.00 on the Closing Date; and (2) Blue Circle paying the sum of either at least $70,000.00 ' either to CLOCA or at least the sum of $94,500.00 to a charitable organization for which CLOCA is seeking registration as an organization to which tax f -27- deductible donations may be made ("CLOCA Foundation") or the payment of at least $70,000.00 to the Municipality or as directed by the Municipality in accordance with paragraph 12(b) on the Closing Date, (3) the transfers to ' CLOCA of the lands and easements referred to in paragraph 8; and (4) the approval by the Municipality of the terms of reference for a study, the ' Municipality intends to pay to CLOCA a sum of money to be settled with CLOCA which shall not exceed $100,000.00, the payments to be made in ' response to periodic invoices to the Corporation as work is completed for the preparation of a Management Plan for the Westside/Bowmanville Marsh Wetland ' Complex, provided that the Closing Date has occurred before any payment is made to CLOCA by the Municipality. (b) The Parties acknowledge that Blue Circle's payment either of at least the sum of ' $70,000.00 either to CLOCA or at least the sum of $94,500.00 to the CLOCA Foundation as referred to in paragraph 8(a)(iii) is intended to be used as start-up funds for the implementation of the Management Plan provisions, respecting the ecological functions of the Wests*/Bowmanville Marsh Wetland Complex. In the event that before the Closing Date the Municipality directs that Blue Circle transfer the Reconfigured Westside Marsh to a transferee other than CLOCA, Blue Circle shall pay the aforesaid sum of at least $70,000.00 either to the Municipality or as the Municipality directs, to be used by the payee as the aforesaid start-up funds. ' 13. Ontario Hydro Easement ' Subject to the terms of these Principles, Blue Circle will enter into an agreement with J P ' Ontario Hydro containing terms satisfactory to Blue Circle acting reasonably to permit Blue Circle to construct and install the Westside Creek Diversion Works on Westside Creek Diversion ' Area A including the dyke on Dyke Area A in accordance with the Approved Westside Creek Diversion Works Plan, the Letter of Intent and the Monitoring and Maintenance Agreement. ' -28- The agreement shall provide for the transfer, at Blue Circle's cost, of a perpetual easement in ' Westside Creek Diversion Area A to CLOCA and, if acceptable to Ontario Hydro, to Blue Circle forthwith after CLOCA gives notice to Blue Circle in writing that the Westside Creek tDiversion Works on Westside Creek Diversion Area A have been completed to CLOCA's satisfaction. The easement shall be transferred for a nominal consideration and shall be in a ' form and have a content that is satisfactory to the Municipality's solicitor acting reasonably. ' 14. Westside Creek Diversion ' Subject to the terms of these Principles, Blue Circle will construct and install at its cost certain works and vegetation for the Westside Creek Diversion on Westside Creek Diversion Areas A and B ("Westside Creek Diversion Works") in accordance with the plans, drawings, specifications and schedule of construction and installation contained in the Approved "Westside ' Creek Diversion Works Plan", the Letter of Intent, and the Monitoring and Maintenance ' Agreement. Blue Circle will maintain the Westside Creek Diversion Works to the extent provided in the Letter of Intent and the Monitoring and Maintenance Agreement. ' 15. Overflow Channel Works Subject to the terms of these Principles, Blue Circle will construct and install at its cost ' the Overflow Channel on Overflow Channel Areas A, B and C in accordance with the Approved Overflow Channel Works Plan. Blue Circle will maintain the Overflow Channel Works to the ' extent provided in the Letter of Intent and the Monitoring and Maintenance Agreement. ' -29- 16. Description and Transfers (a) Blue Circle at its cost shall prepare and deposit in the Land Registry Office for ' the Registry Division of Durham (No. 40), plans of survey of record identifying the Reconfigured Westside Marsh, the Marsh Link Area, the Bowmanville Marsh, ' the Bowmanville Valley lands, Overflow Channel Areas A, B and C, Proposed Closure Areas A, B, C and D, Westside Creek Diversion Areas A and B, Dyke ' Area B and Easement Areas "B" to "H" inclusive, as referred to in these Principles. (b) All transfers to CLOCA or as otherwise directed by the Municipality shall have ' a form and content satisfactory to the Municipality's solicitor, acting reasonably. All governmental fees and taxes payable on the registration of such transfers shall be paid in equal shares by Blue Circle and by the Municipality. ' (c) The Municipality at its cost shall prepare and register in the Land Registry Office ' for the Registry Division of Durham (No. 40), plans of survey of record identifying Cove Road and the Westside Creek Bridge, inclusive as referred to ' in these Principles. 17. Security Fence and Siggage ' Forthwith after completion of construction of the Westside Creek Diversion Works and, the dykes located on Dyke Areas A and B, Blue Circle will construct and maintain signage ' warning of quarrying operations and a chainlink security fence with a minimum height of 6 feet with gates at locations first approved by the Municipality's Director of Public Works acting ' reasonably and to the satisfaction of Ontario Hydro, CLOCA and the Municipality's Director of Public Works, provided that prior to the commencement of quarrying operations including any excavation on any portion of the Future Quarry Area, Blue Circle may install a farm fence ' -30- with a minimum height of 4 feet which shall be replaced by Blue Circle with the aforesaid ' security fence before quarrying operations are begun. 18. Supply of Aggregate and Concrete ' When tenders are called for the construction and installation of the Cove Road and the ' Westside Creek Bridge Works, the Municipality will provide in the tender documents that aggregate and concrete supplies for the Works shall be purchased from Blue Circle, provided ' the prices to be paid therefor by the tenderer whose offer to construct and install is accepted by the Municipality do not exceed the then current market prices for these products in the ' Municipality that would be paid by the contractor but for the provisions of this paragraph 18. ' 19. Official Plan Modifications and Zoning Amendments ' (a) Without fettering the Municipality's Council in the exercise of its legislative discretion, it is the present intention of the Parties that forthwith after the passing ' of by-laws to close Closure Area A as a public highway and authorize its conveyance with the abutting reserves to Blue Circle pursuant to these Principles, ' (1) the Municipality will request that the modifications to the Region of Durham Official Plan and the Clarington Official Plan contained in Schedules "L" and ' "M" hereto, respectively, be made, and (2) after complying with the provisions of the Planning Act, will enact the amendments to its Zoning By-law which are ' set out in Schedule "N" hereto. Blue Circle will not object to any of the aforesaid Official Plan provisions and related designations, provided that the ' relevant approving authority continues to defer (1) all of the policies in Section 16.5 of the Clarington Official Plan, Section 7 of these Modifications and Map ' A-3 of the Clarington Official Plan except insofar as Section 7 and Map A-3 apply to the lands within Special Policy Area I; and (2) the words "and a ' commercial docking facility" in line 5 of Section 18.2.2, clause 18.2.2(a) and the dock area on the Blue Circle Lands which is shown on Map A-5 of the 1 -31- Region of Durham Official Plan, until the terms of the escrow condition in paragraph 8(a)(iv) have been satisfied. ' (b) Without fettering the Municipality's Council in the exercise of its legislative discretion, it is the present intention of the Parties that Council will enact the ' amendments to its Zoning By-law which are set out in Schedule "O" hereto as soon as is reasonably practicable after Proposed Closure Area B with abutting reserves is transferred by the Municipality to Blue Circle, and Blue Circle's ' licence to extract aggregate is amended to include Proposed Closure Areas A and B and to exclude the Reconfigured Westside Marsh. After the escrow terms of ' paragraph 8(a)(iv) have been satisfied, Blue Circle will act in good faith and with reasonable expedition in applying for and in prosecuting its application for the aforesaid amendment to its aggregate extraction licence under the Aggregate Resources Act. 20. Waterfront Trail Relocation The Municipality will consent to the relocation of any portion of the Ontario Hydro ' Lands which have been licensed to the Municipality and have been developed for the purposes of a waterfront trail for the use of members of the public that coincides with any one or more ' portions of Westside Creek Diversion Area A, provided that (1) the Municipality's Director of Planning and Development approves the design and specifications therefor in writing which shall ' not exceed the standard of surface improvement of the existing Waterfront Trail, (2) the cost thereof is paid by Blue Circle, and (3) Blue Circle provides a temporary alignment satisfactory ' to the Municipality's Director of Planning and Development acting reasonably for the portion of the Waterfront Trail in question throughout the construction period which is suitable for use by the public from April 1 to October 31 of the year(s) of construction of the Westside Creek Division Works. Notwithstanding the foregoing, the Municipality agrees that Blue Circle may ' interrupt the Waterfront Trail for construction purposes for reasonable periods of time, provided that Blue Circle gives notice in writing to the Municipality's Director of Public Works at least ' -32- 48 hours before each interruption stating the likely duration of the interruption in question and installs signs approved by the aforesaid Director at either end of the Trail to notify members of ' the public that the portion of the Trail in question is closed. ' 21. Removal of CBM Crusher ' No later than two years after the later of the days on which a by-law is registered closing the Temporary Public Highway as a public highway and the Lease of the Temporary Public ' Highway is released to Blue Circle, Blue Circle at its cost shall remove the crusher presently located on the portion of the Blue Circle Lands which is adjacent to the Ontario Hydro Lands and presently used in connection with the CBM operations, from the Blue Circle Lands. Following the removal of the aforesaid crusher Blue Circle will not instal or cause or suffer any person to instal a crusher dedicated for use in the CBM operations on any portion of the Blue Circle Lands except in accordance with the policies set out in Section 16.5.2 of Modification ' No. 170 to the Clarington Official Plan contained in Schedule "M". ' 22. Interdependency of Principles and Covenants Not to Merge (a) Each of the Principles contained herein is interdependent until the Closing Date upon the performance of the covenants of the Parties that are required to be ' completed prior to or on the Closing Date pursuant to paragraphs 7(a) and 8(a). ' (b) All covenants, provisions and terms contained in these Principles on the part of both Blue Circle (save for title) and the Municipality shall not merge on the ' Closing Date but shall survive the Closing Date and for greater clarification, shall not merge upon the delivery of any transfer of any of the Blue Circle Lands to ' CLOCA or as the Municipality may direct. ' 23. Conditions of Blue Circle -33- These Principles are conditional on Blue Circle on or before the date of Unwinding set out in paragraph 24 satisfying the following conditions: ' (a) Blue Circle being able to satisfy the requirements to obtain the necessary agreements and approval from third parties as set out in subparagraphs (i), (ii), ' (iii) and (iv) inclusive of paragraph 7(a) hereof; ' (b) Blue Circle obtaining the necessary approval and appropriate partial discharges and postponements in favour of the transfers and easements of portions of the ' Blue Circle Lands which are to be given under these Principles by Blue Circle from the holder of all trust indentures, charges and mortgages affecting all or any portion of the Blue Circle Lands which are to be included in such transfers or ' easements; and (c) Blue Circle either obtaining the necessary consents under the severance provisions of the Ontario Planning Act to the partial discharges of all trust indentures, ' charges and mortgages affecting the lands being transferred by Blue Circle under these Principles or the Municipality agreeing to take title to all such lands so that ' such consents are not required pursuant to section 50(17)(c) of the Planning Act. 24. Unwinding of Principles ' In the event that any of the conditions referred to in paragraph 1 and paragraph 23 or any of the events listed in paragraph 8(b) is not satisfied prior to December 31, 1999, these Principles shall terminate and have no force or effect ("Unwinding"). In the event of an Unwinding of these Principles, neither Party hereto shall have any liability whatsoever to the other Party hereto. ' 25. Environmental Condition -34- Immediately after execution of these Principles, Blue Circle shall provide the Municipality and/or CLOCA with access to those portions of the Blue Circle Lands which are to be transferred to CLOCA or as the Municipality may otherwise direct pursuant to these Principles for the purposes of the performing of Environmental Site Assessments by qualified professional environmental consultants. Such access shall be subject to the rights of any existing tenants of such lands and the Municipality or CLOCA as the case may be shall indemnify and save Blue Circle harmless from any costs, damages or liability whatsoever or injury to persons or animals arising by reason of or in consequence of such access being given. Upon completion of such inspections as the Municipality or CLOCA may deem appropriate, complete copies of ' all reports or other written correspondence or memoranda dealing with such inspections shall be delivered to Blue Circle. These Principles are conditional within the time frame set out herein on the Municipality's Directors of Planning and Development and Public Works in consultation with CLOCA;each acting reasonably, being satisfied that the lands to be transferred to CLOCA or as otherwise directed by the Municipality are not unacceptably contaminated having regard to the purpose of the transfers as contemplated in these Principles. If written notice is given by the Municipality to Blue Circle prior to the expiry of the 45 day period ' commencing on the day on which these Principles are executed that the aforesaid lands or any of them are unacceptably contaminated, these Principles shall terminate and neither Party shall ' have any liability to the other and if no such notice is given, this condition shall be deemed to be satisfied. This condition is included in these Principles for the benefit of the Municipality and may be waived by the Municipality by notice in writing given to Blue Circle. 26. Assumption Agreement Required If Blue Circle desires to sell, lease including renewals for a term of twenty-one(21) years or more or charge the Blue Circle Lands prior to the Closing Date, Blue Circle shall first require ' the proposed purchaser or lessee to enter into an agreement with the Municipality to be bound by these Principles with respect to that portion of the Blue Circle Lands being acquired by them -35- to the same extent as if such proposed purchaser or lessee was a party to these Principles. ' Where a mortgage, charge, lease, assignment of lease or sublease of a leasehold interest is given by way of security for financing, then such mortgagee, chargee, lessee, assignee or sublessee ' thereunder shall not be bound to assume such of Blue Circle's obligations and covenants unless and until such mortgagee, chargee, lessee, assignee or sublessee takes possession or control of ' the Blue Circle Lands pursuant to such security and then only for such period of time as they remain in possession or control of the Blue Circle Lands. The parties agree that these Principles do not create an interest in land other than in those portions of the Blue Circle Lands to be conveyed to CLOCA or the Municipality as set out herein and neither these Principles nor any notice, caution or other registration relating to these Principles shall be registered, filed or recorded in any way against the title to the balance of the Blue Circle Lands. 27. Governing Law These Principles are governed by and shall be interpreted and enforced in accordance with the laws of the Province of Ontario, Canada. ' 28. Time of Essence ' Time shall be of the essence of these Principles. ' 29. Effect These Principles are binding on and enure to the benefit of the Parties and their respective successors and assigns. r 4 -36- 30. Notice If any notice or other document is required to be or may be given by either Parry hereto ' to the other or by any official of the Municipality to Blue Circle under this Agreement, such notice shall be transmitted by telefax or mailed by prepaid registered post or delivered to: Blue Circle: Blue Circle Canada Inc. ' 400 Waverly Road South Bowmanville, Ontario L1C 3K3 ' Attention: Plant Manager Phone No.: (905) 623-3341 Fax No.: (905) 623-4695 The Municipality: The Corporation of the Municipality of Clarington ' 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attention: Chief Administrative Officer Phone No.: (905) 623-3379 Fax No.: (905) 623-0830 ' or such other telefax number or address of which either Party has notified the other Party in writing. Any such notice telefaxed or mailed or delivered shall be deemed good and sufficient ' notice under the terms of this agreement and if telefaxed or delivered prior to 4:30 p.m. on any business day (excluding Saturdays, Sundays and statutory holidays) shall be deemed to have been ' received at the time of delivery or transmission and if mailed by pre-paid registered mail, it shall be deemed to have been received on the third business day (excluding Saturdays, Sundays and statutory holidays) following the mailing thereof. Notwithstanding the foregoing, in the event ' that it may be reasonably anticipated that due to Force Majeure any notice will not be received within the time limit set out above, then such notice shall be sent by an alternate means of ' transportation which it may reasonably be anticipated will cause the notice to be received reasonably expeditiously by the addressee. -37- 31. Authority of Municipality M Blue Circle acknowledges and agrees that the Municipality has authority to enter into this Agreement, that every provision hereof is authorized by the law and is fully enforceable by the Parties, and that this Agreement is made by the Municipality in reliance on the acknowledgement Mand agreement of Blue Circle as aforesaid. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written and the Parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND ) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DELIVERED ) Mayor Cler BLUE CIRCLE CANADA INC. ) r Name: itle: t--b,ederic Keww� Vice 'Pre'5 aden� Per: fft � Name: Title: 5F-LAeThf-� LOT 14 T 13 LOT 12 11 >; s: _�MESI SIDE CREEK M DIVERSION AREA' ® ®BO LLE CREE y� DYKE AREA"A' y 'A11 WESTSI CREEK DNERSIl AREA"B" sun cmw- FUTURE Q AREA """` ���,,,JJJJ,f____1, MARSH C (� LINK �3 AREA BLUE DYKE AR 'B" CIRCLE LANDS nwo r RECONFIGURED - WESTSIDE -MARSH r CS OVERFLOW CHANNEa Lake Ontario LANDS" i 1 FLOW OVERFLOW NNEL CHANNEL i LANDS"B" LANDS'A' PROPOSED 2.1 QUARRY _ SIDE SLOPE& BENCH PROPOSED DIVERSION �I CHANNEL SIDE SLOPE 2 or 3:1 J1 IF I� �I \ II SCHEDULE "'A" 9]-ON SCHEDULE "A" DESCRIPTION OF BLUE CIRCLE LANDS FIRSTLY: ALL AND SINGULAR those certain parcels or tracts of land and premises situate, lying and being in the Town of Bowmanville, in the Township of Darlington, in the County of Durham, in the Province of Ontario, and being composed of parts of Township Lot Eleven (11) in the Broken Front Concession, now within the limits of the said Town of Bowmanville, lying South of the Canadian National Railway right-of-way and North of the Northerly limit of Registered Plan Number 198 and its production Easterly, the boundaries of the said parcels being more particularly described as follows; PARCEL 1 Part of Darlington Street and parts of Lots 156, 157 and 158, and all of Lots 159 and 160, according to a plan made for Wilson, Armour and Mearns, by Thomas Wallace Herrick, P.L.S., registered the 28th day of May, 1857, now known as Plan H50078, and part of Township Lot 11 in the Broken Front Concession of the Township of Darlington, now within the limits of the said Town of Bowmanville, containing by admeasurement 1.32 acres, be the same more or less, which said parcel or tract of land may be more particularly described as follows; COMMENCING at the point of intersection of a fence marking the Southerly limit of the Canadian National Railway right-of-way with the Easterly limit of said Lot 11, said paint distant Southerly in the last-mentioned limit nineteen hundred and sixty-six and sixty-one one-hundredths feet (1966.61') on a course of South 17 degrees 36 minutes 30 seconds East from the North- Easterly angle of said Township Lot 11; THENCE South 17 degrees 36 minutes 30 seconds East along the Easterly limit of said Lot 11 a distance of two hundred and thirty-seven and fifty-one one-hundredths feet(237.51') to an iron bar planted at the point of intersection with the Northerly limit of a sixty-six foot (66') service road expropriated by Deposited Plan Number 14618 for the Town of Bowmanville; THENCE South 85 degrees 34 minutes 30 seconds West in said Northerly limit of the service road a distance of three hundred and fifteen and six-tenths feet (315.6') to an iron bar planted at the point of intersection with the Easterly limit of a sixty-six foot(66') road leading Southerly from said Railway right-of-way; THENCE North 17 degrees 37 minutes 30 seconds East along the Easterly limit of the said road a distance of two hundred and sixty-six and eight one-hundredths feet (266.08') to an iron bar planted at the point of intersection with a fence marking the Southerly limit of the said Railway right-of-way; MSCHEDULE "A" - 2 - THENCE North 87 degrees 55 minutes 30 seconds East along the Southerly limit of said Railway right-of-way a distance of thirty-nine and twenty-five one-hundredths feet (39.25') to an iron bar marking an angle in the said limit; THENCE South 88 degrees 00 minutes East continuing along the said Southerly limit a distance of one hundred and twenty-three feet (123') more or less to the POINT OF COMMENCEMENT. SUBJECT TO whatever rights the public may have in that part of unopened Darlington Street running across the land hereby conveyed at the Northern limit thereof and adjoining the said 'Canadian National Railway right-of-way. As described in Instrument Number 30724. PARCEL 2 Part of Lot Eleven (11) in the Broken Front Concession in the said Township of Darlington, now within the limits of the said Town of Bowmanville, lying East of a sixty-six foot (66') road running Southerly through said Lot 11, containing by admeasurement 12.45 Acres, be the same more or less, said parcel or tract being more particularly described as follows; COMMENCING at an iron bar planted at the point of intersection of the Southerly limit of a sixty-six foot (66') service road expropriated by said Deposited Plan Number 14618, with the Easterly limit of said Lot 11, said point distant Southerly in the last-mentioned limit twenty-two hundred and seventy-one and nine-one one-hundredths feet (2271.91') from the North-Easterly angle thereof; THENCE South 85 degrees 34 minutes 30 seconds West along the Southerly limit of the said service road a distance of one hundred and eighty-seven and twenty-nine one-hundredths feet (187.29') to an iron bar; THENCE South 17 degrees 35 minutes 30 seconds West a distance of three hundred and eight and forty-two one-hundredths feet (308.42') to an iron bar planted in the Northerly edge of a creek; THENCE on a general bearing of North 68 degrees 13 minutes West in and along the Northerly edge of the said creek a distance of one hundred and fifty-eight and six-tenths feet (158.6') to an iron bar planted at the point of intersection with the Easterly limit of a sixty-six foot (66') road running Southerly; THENCE South 17 degrees 37 minutes 30 seconds West along said Easterly limit a distance of sixty-eight and ninety-eight one-hundredths feet (68.98') to an iron bar marking an angle in the said limit; 1 MSCHEDULE "A" - 3 - THENCE South 66 degrees 08 minutes 30 seconds East continuing along the limit of the said road a distance of ninety-two and eleven one-hundredths feet (92.11') to an iron bar marking an angle in the said road; THENCE South 26 degrees 29 minutes 30 seconds East continuing along the Easterly limit of the said road a distance of fifty-three and seventy-nine one-hundredths feet (53.79') to an iron bar marking the North-Westerly angle of the lands described in Instrument Number 14862 for the town of Bowmanville; THENCE North 63 degrees 30 minutes 30 seconds East a distance of thirty-seven feet (37') to an iron bar; THENCE South 66 degrees 41 minutes 30 seconds East a distance of one hundred and thirty and ninety-two one-hundredths feet (130.92') to an iron bar marking the South-Easterly angle of the lands described in said Instrument Number 14862; THENCE South 63 degrees 30 minutes 30 seconds West along the Southerly limit of the said lands a distance of one hundred and twenty-one and five-tenths feet (121.5') to an iron bar planted at the point of intersection with the Easterly limit of the aforesaid road; THENCE South 26 degrees 29 minutes 30 seconds East continuing along the Easterly limit of the said road a distance of five hundred and sixty-seven and fifty-eight one-hundredths feet (567.58') to an iron bar marking an angle in the said road; THENCE South 51 degrees 08 minutes 30 seconds East continuing along the Easterly limit of the said road a distance of one hundred and four and one-tenth feet (104.1') to an iron bar marking an angle in the said limit; THENCE South 31 degrees 20 minutes 30 seconds East continuing along the Easterly limit of the said road a distance of seven hundred and seventy-seven and eighty-one one-hundredths feet (777.81') to an iron bar marking an angle in the said limit; THENCE South 16 degrees 10 minutes 30 seconds East continuing along the Easterly limit of the said road a distance of one hundred and thirty-two and ninety-two one-hundredths feet (132.92') more or less to an iron bar planted at the point of intersection with the Easterly production of the Northerly limit of Registered Plan Number 198, said iron bar distant Easterly in said production thirty and sixty-five one-hundredths feet (30.65') from the most Northerly angle of Block "O", Registered Plan Number 198; ' THENCE North 68 degrees 08 minutes 30 seconds East in said production a distance of one g P hundred and four and seventy-five one-hundredths feet (104.75') more or less to the point of intersection with the Easterly limit of said Lot 11; MSCHEDULE "A" - 4 - THENCE North 17 degrees 38 minutes 30 seconds West along the Easterly limit of said Lot 11 a distance of nineteen hundred and six feet (1906') more or less to the POINT OF COMMENCEMENT. As described in Instrument Number 30724. M Save and Except: That Part of said Parcel 2 being that Part of Lot 11, Broken Front Concession designated as Parts 4, 5 and 7, Expropriation Plan 88189, Town of Bowmanville, Regional Municipality of Durham. PARCEL 3 Part of Lot Eleven (11) in the Broken Front Concession in the said Township of Darlington, now within the limits of the said Town of Bowmanville, lying South of the Canadian National Railway right-of-way and West of a sixty-six foot(66') road running Southerly through said Lot 11, containing by admeasurement 52.57 acres, be the same more or less, said parcel or tract of land being more particularly described as follows: COMMENCING at an iron bar planted at the North-Westerly angle of Registered Plan Number 198 for the Town of Bowmanville; THENCE North 68 degrees 08 minutes 30 seconds East along the Northerly limit of Blocks "H" and "K" according to said Registered Plan Number 198 a distance of eleven hundred and sixty and one-tenth feet (1160.1') more or less to an iron bar planted in the Northerly limit of Block "N", Registered Plan 198, said iron bar distant Westerly in the last-mentioned limit thirty-five and sixty-eight one-hundredths feet (35.68') from an iron tube marking the North Easterly angle of said Block "N"; THENCE North 16 degrees 10 minutes 30 seconds West along a fence marking the Westerly limit of a sixty-six foot (66') road a distance of one hundred and thirty and seven-tenths feet (130.7') to an iron bar marking an angle in the said fence; THENCE North 31 degrees 20 minutes 30 seconds West continuing along a fence marking the Westerly limit of said road a distance of seven hundred and fifty-seven and five-tenths feet (757.5') to an iron bar marking an angle in the said fence; THENCE North 51 degrees 08 minutes 30 seconds West continuing along a fence marking the Westerly limit of the said road a distance of one hundred and seven feet (107') to an iron bar marking an angle in the said fence; MSCHEDULE "A" - 5 - THENCE North 26 degrees 29 minutes 30 seconds West continuing along a fence marking the Westerly limit of a sixty-six foot (66') road a distance of seven hundred and twelve feet (712') to an iron bar marking an angle in the said fence; MTHENCE North 66 degrees 08 minutes 30 seconds West continuing along the said fence marking the South-Westerly limit of the said road a distance of one hundred and thirty feet (130') to an iron bar; THENCE North 21 degrees 08 minutes 30 seconds East continuing along the Westerly limit of the same road a distance of forty and five-tenths feet (40.5') to an iron bar marking an angle in the said road; THENCE North 17 degrees 37 minutes 30 seconds East continuing along the Westerly limit of a sixty-six foot (66') road a distance of two hundred and forty and nine-tenths feet (240.9') to an iron bar planted in the line of a fence running North-Westerly. THENCE North 55 degrees 07 minutes West along the centre line of the said fence a distance of eighty-three and four-tenths feet (83.4') to an iron bar marking an angle in the same fence; THENCE North 00 degrees 57 minutes 30 seconds West continuing along the said fence a distance of twenty-three feet (23') to an iron bar; THENCE South 87 degrees 44 minutes West a distance of two hundred and twenty-five feet (225') to an iron bar; THENCE North 12 degrees 46 minutes West a distance of three hundred and two feet (302') to an iron bar planted in the Southerly limit of the Canadian National Railway right-of-way; THENCE South 88 degrees 14 minutes West along the Southerly limit of the Canadian National Railway right-of-way a distance of three hundred and thirty-five and five tenths feet (335.5') to an angle in the said limit; THENCE South 50 degrees 46 minutes West continuing along the Southerly limit of the Canadian National Railway right-of-way a distance of fifty-nine feet(59')to an iron bar marking an angle in the said limit; THENCE South 80 degrees 16 minutes West continuing along the Southerly limit of the said Railway right-of-way a distance of two hundred and seventy-five feet (275') to an iron bar planted at the point of intersection with the Westerly limit of said Lot 11, said iron bar distant Southerly in the last-mentioned limit sixteen hundred and fifty-eight feet three inches 91658'3") more or less from the North-Westerly angle of said Lot 11; i 1 t � 1 r SCHEDULE "A" - 6 - THENCE South 17 degrees 46 minutes East along the Westerly limit of said Lot 11 a distance of twenty-six hundred and fifteen and seventy-five one-hundredths feet (2615.75') more or less to the POINT OF COMMENCEMENT. As described in Instrument Number 30724. Save and Except: That Part of said Parcel 3 being that Part of Lot 11, Broken Front Concession designated as Part of Part 1, Part 2 and Part 8, Expropriation Plan 88189, Town of Bowmanville, Regional Municipality of Durham. SECONDLY: Lots 1, 2, 3, 4 and 5, Blocks A and B, Plan 694, formerly in the Geographic Township of Darlington, now in the Town of Newcastle, Regional Municipality of Durham, and those parts of the one foot reserves, on Plan 694, designated as Parts 3, 5, 7 and 9 on Plan IOR-852 save and except the following lands: That Part of Lot 4, Plan 694, being designated as Parts 4 and 5, Expropriation Plan 88190, Town of Newcastle, Regional Municipality of Durham; That Part of Lots 1 and 3, Plan 694, being designated as Part of Part 1, Expropriation Plan 88189, Town of Newcastle, Regional Municipality of Durham; That Part of Lot 4, Plan 694, being designated as Parts 11 and 12, Plan 1OR-852, Town of Newcastle, Regional Municipality of Durham; TOGETHER with those rights of way as more particularly described in Instrument Nos. N30904, N30725 and N30720. THIRDLY: Parcel CL-4751 in the Register for Section Water Lot Darlington, being part of the bed of Lake Ontario in front of parts of Lots 14 and 15 and the road allowance between the said lots, Broken Front Concession, as shown on the plan of the Township of Darlington, being also in front of Lots 4 and 5 and Block "B", as shown on Registered Plan 694, designated as Part 1 on a plan and field notes of Water Lot Location CL-4751 deposited in the Land Registry Office for the Registry Division of Newcastle as Plan 1OR-2426. SCHEDULE "A" - 7 - FOURTHLY: Parcel CL-8140 in the Register for Section Water Lot Darlington being part of the bed of Lake Ontario in front of parts of Lots 15 and 16, Broken Front Concession (formerly Township of Darlington), Town of Newcastle, Regional Municipality of Durham and in front of Registered Plan 694, designated as Part 1 on Plan 40R-14460. r t SCHEDULE "B" �'—� Auguust 27, 1997 DILLON LETTER OF INTENT CONSULTING 100 Sheppard Russell Powell Avenue East, Chief Administrative Officer Suite 300, Central Lake Ontario Conservation Authority Toronto,Ontario, 100 Whiting Avenue Canada Oshawa, Ontario M2N 6N5 L1H 3T3 Maa:Box 1850, North York, Glenn Price Ontario,Canada Ontario Ministry of Natural Resources 50 Bloomington Road West 12N 61-15 Telephone Aurora, Ontario T L4G 3G8 (4 1 61 229-4646 Fax Vic Gilman, Area Manager (416)229-4692 Fisheries and Habitat Management-Ontario Area Department of Fisheries and Oceans Canada P.O. Box 5050, 867 Lakeshore Road Burlington, Ontario L7R 4A6 Re: Blue Circle Canada Inc. (formerly St. Marys Cement) Bowmanville Quarry Letter of Intent to Implement Fish Habitat ' Mitigation and Compensation Measures Dear Gentlemen: Enclosed please find four copies of the Letter of Intent signed b y Gary Gentles, president of Blue Circle Canada Inc. As you know, Blue Circle has recently purchased ' St. Marys Cement. In this final process of approval, we request that you sign the final Dillon Consulting ... cont'd Limited M Page 2 August 27, 1997 Letter of Intent to Implement Fish Habitat Mitigation and Compensation Measures page of each letter where indicated. Following this, please courier this letter with the four copies of the Letter of Intent to the person whose name appears next on the list, using the appropriate envelope. The signed Letter of Intent will then be inserted into the final version of the Westside Marsh Fish Habitat Compensation Report and distributed immediately. We would appreciate execution of this process in a timely fashion and thank you in advance for your attention. Yours sincerely, Dillon Consulting Limited Shawn Taylor, M.Sc. Project Manager Encl. JAL:mrb ' 94-1800-13-02 r r BLUE CIRCLE CANADA INC.BOWMANVILLE QUARRY LETTER OF INTENT TO HAPLEMENT FISH HABITAT WnGATION AND COMPENSATION MEASURES FINAL In accordance with the Federal Department of Fisheries and Oceans' Policy for the Management of Fish Habitat (DFO 1986), and the Habitat Conservation and Protection Guidelines (DFO 1994), and with particular reference to the principle of"no net loss of the productive capacity of fish habitats": MBlue Circle Canada Inc.will provide habitat enhancement measures in Westside Creek and Westside Marsh as described in the report and preliminary concept drawings prepared by Dillon Consulting Limited and in the drawings prepared by Marshall Macklin Monaghan. This has been prepared following the recommendations of the Waterfront Regeneration Trust November 13, 1995 report. To compensate for the destruction of 21.28 ha'of Westside Marsh and 550 m of Westside Creek(totals 10.14 productivity units (P.U.]), Blue Circle Canada Inc. will implement the following measures. Although Westside Marsh is a Class 2 Provincially Significant Wetland,the Provincial Wetland Policy does not apply, as the current quarry licence predates the Policy. 1. Westside Creek Diversion-Creation of 2,540 m Natural Lowflow Channel (0.93 P.U.) 1 835 m long floodwa and approximately 2,540 m long bankfull/low flow channel Construct a g y Pp combination, in a valley varying from 5 - 8 m in width along the Ontario Hydro Corridor, to divert flow from Westside Creek to the Northern Tip of the wetland and,subsequently to the new Creek . Mouth and into Westside Marsh. The channels will incorporate fish habitat features to allow migration of fish and provide spawning resources for forage fish species. Three culverts will be constructed 55.0, 110.0 and 42.5 metres in length. One cell of each culvert will be installed at an elevation to allow migratory passage by fish and to maintain sediment transport,while other cells will carry flood flows only. The Creek Diversion is divided into six distinct reaches with the following geomophologic characteristics.A minimum of 2 growing seasons will be allowed before diverting water flow to allow plant establishment, conduct maintenance and minimize erosion. Preliminary design drawings for each reach are presented in Appendix B of the report. t Please see Table 6.3,the Minns Method productivity model for translation of hectares to productivity units.Note the area of fish habitat destroyed exceeds the areas that will be created or enhanced,but that the lost productivity units are balanced such that there is no net loss. ' 1 Westside Creek Diversion Channel -GeornorD bolo is Characteristics Reach 1 Reach 2 Reach 3 Reach 4 Reach 5 Reach 6 Bankfull Width m variable 1.5 3.0 2.5 1.8 1.8 Bankfull Depth m variable 1.4 1.2 0.3 0.55 0.4 m Meander Band Width 5.0 5.0 6.5 6.5 8.0 8.0 Meander Radius m variable 4.05 7.8 6.7 4.9 4.9 Meander Frequency m variable 12-15 21-27 17-23 14-17 14-17 Sinuosity 1.1 1.5 1.5 1.8 1.5 1.5 Gradient % 1.75 0.28 0.16 0.017 0.012 0.13 r l�eiu?agI h�rp) 100 365 82 180 465 435 u verts ll Reach 1 • A medium gradient transition zone 110 in long will be constructed between the existing railroad culvert and the lower invert elevation required for Reaches 2 and 3. A gravel bed nourishment zone will be built over a reinforced rootwad corner,which is followed by a series of Riffle Gravel Beds. The geometry is based on a Rosgen Type C4 channel in a 5m wide floodway channel. Reach ends at culvert under Waverley Road. The Riffle Gravel Beds will be constructed 0.5-1.0 in deep from a mixture of 20% 5-10 mm limestone gravel, 40% 10-30 mm riverstone and 40% 50-70 mm cobblestone. Reach 2 • The low gradient,547 in long,entrenched lowflow channel is based on Rosgen Type E6 geometry. The reach extends from Reach 1 to the first set of Hydro Tower culverts(42 in long),and includes the Waverly Road culvert. • Woody trees and shrubs will be established along the floodway side slopes to the top of bank. Slopes faces are will be hydroseeded with native grass species and toes of slopes to be bioengineered with live willow socks at 2.0 in spacings(as detailed in Drawings L5,L7 in Appendix B). • The floodway bottom(5 in wide)will be lined with organic topsoil from the wetland including plant propagules obtained from the converted portion of the Northern Tip sub-unit. • The lowflow channel will be lined with limestone gravel to encourage formation of a riffle-step pool complex,to create microniches for aquatic insects and create potential spawning habitats for forage fish species. Submerged tree cover logs will be provided to enhance habitat. Reach 3 • A low gradient'30 in long,entrenched,lowflow channel similar to Reach 2 will be constructed with the exception of a wider(6.5 m)floodway and wider and more shallow lowflow channel. This short reach provides a transition from Reach 2 to the Northern Tip wetland area. • Floodway and lowflow channel treatment similar to Reach 2. ' 2 e I Reach 4 • A very low gradient,324 m long,lowflow channel through the Northern Tip of the Wetland will be constructed during winter frozen conditions. A relatively wide and shallow channel will be constructed to innundate the surrounding wetland area during low intensity,frequent storm events as well as larger events. • Railroad Creek flows will be integrated into the meander pattern of Westside Creek at a constructed confluence. Reach 5 • A very low gradient,698 m long,lowflow channel extending from the Northern Tip of the Wetland toward the southern extension of the Creek will be implemented in one 8 m wide regularly inundated floodway. This reach also contains the second set of Hydro Tower culverts(42 m long) which will be built with one cell lower in elevation to ensure constant fish passage. • An erosion buffer between the flooded channel and floodway side slopes will be bio-engineered with a continuous bond of shrub willow wattles to provide erosion revetment,shade, food resources for fish and wildlife habitat. • The drier portions of the floodway channel bottom including the bankfull and low flow channels will be layered with organic soils (200 mm deep) from the Wetland, or equivalent, as a medium for planting a dense vegetative growth of emergent aquatic plants (i.e. sedges, sweet flag, blue flag irises)along the streamside over the silt clay based substrate. • The floodway side slopes will be stabilized with bioengineered woody plants (i.e. buckthorn, staghom sumac)and grass seed to stabilize the soil and once established, will be kept unmaintained, in a natural state. Reach 6 • A very low gradient 653 m long lowflow channel with permanently flooded channel and floodplain will be constructed throughout the base of the floodway channel. • The valley will be permanently flooded by the wetland backwater to approximately 75.1 m.a.s.l., with a spring high water level of 75.4 m a.s.l.. The valley will have riparian vegetation along a 1.0 m band at the toe of slope with hardstem and river bulrush throughout the 8.0 m wide floodplain. A 200 mm deep layer of organic soil from the wetland will provide the growth medium. • The valley side slopes will be bioengineered with native willow,buckthorn and sumac plantings in an alternating scale pattern, at a spacing of 6 m or with 30 m2 clumps randomly planted over the slopes. • The flooded channel will be built out into the Creek Mouth open water zone to integrate the two waterbodies at an estuary as described below. Depending on the current flow rates of the stream and water levels in the Marsh, the flooded channel mouth will create numerous habitats for fish, invertebrates and other related organisms. 3 2. New Westside Creek Mouth-Creation of 2.52 ha Deep Water Refuge(2.02 P.U.) • Approximately 2.52 ha of deep water refugewill be created with littoral zones and aquatic plant beds at the Creek mouth. • Creation of 3 zones of 2.5 m depth for over-wintering fish refuge, 0.5 - 1.5 m depth shallower spawning,nursery,and forage habitats for Centrarchids,Percids and northern pike and 2 pools of 1.5 m depth for other aquatic organisms. • Shallow Open Water Zones of depths to approximately 1.0 m below low water level(LWL) will be planted with submerged and broad leaf emergent macrophytes and stocked with root tangles to provide habitat for yellow perch, largemouth bass,crappie, brown bullhead and juvenile northern pike. Aquatic macrophyte beds such as Potomogeton, water lily, bladderwort and Elodea will be established by transplanting at 2 foot on-centre spacings using plants from the wetland and/or plants grown from seed from Westside Marsh or Bowmanville Marsh. • A total of 50 adult Largemouth Bass(1 kg)will be stocked in the Creek Mouth during the establishment period. The deepwater zones will be stocked with 21 deep or shallow water structures(root tangles,tree tangles, inverted rootwads,log cribs)and 17 semi submerged structures(fallen trees) to provide cover for all life stages of yellow perch,largemouth bass, crappie and brown bullhead. 3. East End of Berm-Creation of 1.65 ha of Pike Spawning Habitat(1.32 P.U.) • A total of 1.65 ha of spawning and nursery habitat for northern pike will be created by removing this area of the existing topsoil berm and reconfiguring the bottom. Emphasis will be on nursery habitat creation. The area will be excavated, lined with organic soils 300 mm deep,from the wetland and planted as specified following. • Wet Riparian Zones that will be seasonally flooded to the normal High Water Level,will be constructed with shallow slopes and planted with narrow leaf emergents, broad leaf emergents and wet tolerant grasses in order to develop suitable conditions for spring spawning northern pike and forage fish. Channels and pools will be planted with submerged aquatic plants to create pike nursery habitat. Existing wetland vegetation will be transplanted at 2 foot on-centre spacings or through the mass movement of^ plant propagules from existing sedge meadows during the dormant season. • Micro channels, to improve access to this zone by these species will be field-fitted to be appropriate to the conditions. The channels will be stocked with 8 submerged or inverted root or tree tangles to provide shelter and cover habitat for larval and juvenile northern pike and all life stages of yellow perch, largemouth bass, crappie and brown bullhead as well as haul outs for reptiles(ie.turtles). • A series of embedded chain link fences sections will be constructed at the nine inlets to protect the new habitats(East end berm,Backbeach) during the 2 year establishment period by prohibiting carp entry and predation of vegetation. 4 • The remaining berm will be replanted with oak tree seedlings(black oak,white oak and red oak)and prairie grasses to create additional habitat resources and as complementary wildlife habitat. 4. Central Basin-Enhancement of 6.02 ha(2.41 P.U.) • Enhancement of 6.02 ha of Central Basin with eight deeper water zones to provide winter and thermal refuge for largemouth bass and other target fish species(i.e. northern pike and yellow perch)will be constructed by hydraulic dredging or by dredging through the ice. • Deep Open Water Zones of depths to approximately 2.7 m below LWL will be excavated and supplemented with submerged and floating macrophytes at 1.0 m spacing. The Zones will be stocked with 17 deep water structures (tree tangles, root tangles)and 14 shallow water structures(log cribs)to provide overwintering habitat for adult northern pike and all life stages of yellow perch, largemouth bass,crappie and brown bullhead. • A series of four islands to deflect creek flows into the Marsh for increased open water circulation and residence time will be constructed from the dredgate. Fish and wildlife habitat abutting the island chain will be enhanced through vegetation transplanting and root wad stabilization. • The existing macrophyte community will be enhanced to provide both shallow and deep water cover through transplanting aquatic vegetation as above. • A total of 200 largemouth bass will be stocked in the Central Basin at the start of the establishment period. r 5 i 5. Littoral Zone Along New Partition Berm-Enhancement of 0.53 ha(0.16 P.U.) • Shaping of all side slopes facing the Marsh with elliptical edge will be completed with followup planting of woody shrubs, trees and emergent aquatic macrophytes. Alder and Mwillow to be cleared from the alder thicket will be used where practical. • A total of 530 m of shoreline edge will be scalloped over a width of 10 m and faced with granular substrates below the waterline of mixed grades of fine gravel, coarse gravel, cobblestone and boulders suitable for fish and invertebrate substrate spawners. • Submerged rocky shoals and woody debris will be established in the littoral zone as shoreline cover where no vegetative cover(i.e.water lilies)remains. A total of 8 shallow water cover structures (root tangles,tree tangles)will be placed along the shoreline. 6. Northern Tip-Enhanced Access to 1.81 ha(0.77 P.U.) • A transition zone along Westside Creek through the 1.81 ha retained northern tip will be established that has bankfull and lowflow capacity channels. Construction will occur during the winter to minimize vegetation disruption. 7. West Basin-Enhances Edge Habitat over 0.85 ha(0.17 P.U.) • Two deep open water zones will be constructed with vertical wall dropoffs along the cattail clumps to increase the net overall area of edge habitat and increase access to the fringe areas of cattail clumps and habitats in the overflow floodway. • Two zones of depths to approximately 2.7 m below LWL will be excavated and planted with submerged and floating macrophytes at 1.0 m spacing. The zones will be stocked with 4 deep water structures(tree tangles,root tangles)to provide overwintering habitat for adult northern pike and all life stages of yellow perch, largemouth bass, crappie and brown bullhead • The existing macrophyte community will be enhanced to provide both shallow and deep water cover through transplanting aquatic vegetation as above. ' 8. Cattail Clump 3 and 4-Enhances 1.19 ha(0.12 P.U.) • Portions of cattail clumps 3&4 will be excavated to provide edge habitat,cover,open water habitat and greater edge structure. Isolated islands of cattails will be retained to allow greater edge habitat,terrestrial habitat resources and provide vertical cover. • Create deepwater zones to depths of 3.5 m in areas of excavated cattails ensuring distinct drop-off structure at points of elevation change. i 6 9. Backbeach-Enhanced Access to 2.88 ha(1.15 P.U.) • Access channels .3 to 1.7 m deep(74.3 to 73.7 m elevation)will be excavated throughout entire length and area(2.88 ha)of the backbench sub-unit. Construction will occur during winter freezeup to minimize impacts to vegetation. • Permanent water channel linkages to both the East End Berm(South Berm),central basin and outlet channel a minimum of 1 m wide and maximum of 4 m wide will be constructed. A series of embedded chain link fence sections will be constructed at the nine inlets to protect the new habitats(East end berm,Backbeach) during the 2 year establishment period by prohibiting carp entry and predation of vegetation. • Adjacent to the remnant fen community, construction will be strictly controlled to avoid impacts to the fen. Protective fencing will be installed to prohibit vehicle traffic from the fen and delineate the protection area boundaries. 10. Overflow Floodway Channel-Created Shallow Zones over 0.35 ha(0.21 P.U.) • A low flow channel will be excavated within the 12 m wide floodway to a continuous invert elevation of 73.5 m.The area considered to be habitat is to be 0.35 ha. • . The low flow channel will mimic the design of the floodway channel of West Side Creek The meander pattern will be irregular with small offside channels,blind ponds and dense emergent vegetation. • The floodway will be constructed to a width of 12 m at base and will be flooded at the marsh interface and slowly increasing in elevation until the control point at Waverly Road at an elevation of 75.68 m, a distance of 250 m. Organic soil from the wetland will be layered to a depth of 300 mm between elevations of 74.0 and 75.68 m.. • Excavated cattails from marsh construction (i.e. clumps 3 and 4) and salvaged sedge meadow propagules will be transplanted into portions of the floodway at the appropriate depths. • The Overflow Floodway Channel will provide water depths rangining from 1.5 m to zero during the summer to encourage the establishment of diverse vegetation similar to that of the existing sedge meadow where the land is above the normal water level. 11. Mitigative Methods Detailed mitigative methods will be determined during detailed design work and submitted for review by the Ministry of Natural Resources,Central Lake Ontario Conservation Authority and the Department of Fisheries and Oceans,Fish Policy and Habitat Management Branch along with the design drawings. Initial mitigative methods to be considered are as follows; • Dredging of existing wetlands to be completed by a barge mounted hydraulic dredge or through the ice with an excavator, with dredgate deposited in an abandoned portion of 7 r r wetland for settlement. The dredgeate will be deposited to a location,and in a manner such ' that it will not re-enter the open water areas of the marsh. Where feasible,work is to be completed under dry conditions; all water control materials, (ie. Sand bags) shall be removed from the site, ' • Construction to occur primarily in winter and summer when fish spawning and bird nesting /migration are minimal. Reflecting the cold water status of the Lake Ontario fishery and ' potential for silt mobilization,an in-marsh construction constraint of April 1 to July 1 will be observed for using heavy equipment in the construction of the wetland so that impacts to the offshore fishery and nesting birds are minimized. ' • A sediment and erosion control plan will be established on the detailed design drawings and will be adhered to by the contractors. This plan will be reviewed and approved in advance by the Ontario Ministry of Natural Resources - Aurora district and the Department of ' Fisheries and Oceans,Fisheries and Habitat Management-Ontario Area. • Machinery working in and around water will be in good working condition, free of ' extraneous grease and oil and will be refueled no closer than 30 in away from the water, • An emergency spills management plan will be prepared and implemented during construction of all habitats, ' • Where possible (ie. Creek Diversion), water flows will be diverted elsewhere while the bioengineering works become established, • The existing remnant fen will be protected from intrusion with stout fencing during construction of the Backbeach access channels or when machinery are working in the area. Similar natural areas will be fenced and marked as restricted areas during construction to protect sensitive vegeation and wildlife communities.The Hemi-Marsh within the wetland ' will be so marked following installation of the partition berm,and • Transfer of fish and vegetation will be under the direction of the supervising biologist. 12. Construction and Establishment Timing ' Construction will occur primarily in the winter and summer months over three years beginning in 1998. The Creek valley habitats will be stabilized with a minimum of 2 years growth of bioengineering materials prior to moving waterflow into the new Creek bed and closing off the wetland. An establishment period of two years will follow primary construction to allow plant densities to increase,sediments to stabilize and repairs to be completed. During this period,carp- ' control fencing will be erected at the Creek Diversion,Creek Mouth,East End Berm,and Backbeach areas. The establishment period may differ among habitats as activities such as fish stocking, weeding,fertilization,fencing,will be required. 13. Detailed Plans ' Detailed drawings of clearing and grubbing, survey layout, sediment and erosion control, ' 8 landscaping,culvert works, channel morphology, floodway design and habitat structure details will ' be submitted to the signatories of this agreement for final approval by November 30, 1997. 14. Monitoring Plan ' in r will implemented to assess th A ten year post habitat construction monitoring program be implem a success ' and utilization of the reconfigured Creek and Marsh covering at least three spawning seasons. Population changes in the indicator species as identified in the Report will generally be used to determine the level of success of the project in achieving no net loss of productivity. ' Automated data recorders of water levels and temperatures are currently operated in the Marsh and Creek. An automated weather station was installed at the Blue Circle Canada Inc. Technical ' Centre in 1996 to collect data on rainfall, air temperature, wind speed and wind direction. The automated dataloggers will be maintained throughout the construction,establishment and monitoring ' periods. Air photography will be conducted on an annual basis, and at the same time each year, covering the project life span.Bedload sampling in the Creek will be performed at ten permanently monumented locations to determine sedimentation and erosion rates. ' A Pre-construction data collection program will collect the following information: ' • Inventory the fish species community using 3 foot hoop nets, fine mesh seining and electrofishing using a standard level of effort. • Water and bedload sediment sampling will be undertaken in the Creek,both upstream and ' downstream of Waverly Road,and within the wetland to establish preconstruction levels of suspended sediment and associated particle sizes. ' • Records of the following parameters will be collected at the water surface and just above the bottom bi-weekly during the ice-free period to chart the rate of turbidity and primary productivity increases over the growing period: Dissolved oxygen,temperature,pH,secchi ' disk, turbidity. Samples of the following will be collected from mid water column bi-weekly during the same period: chlorophyll a, particulate organic matter & total particulates. ' • Spring pike spawning activity will be documented to determine use and locations • Monitor under-ice dissolved oxygen, temperature, pH and conductivity in standardized ' locations. During the Two Year Establishment Period,installation of long term monitoring apparatus will be conducted along with inspection and maintenance of the works. • Place gangs of four sedimentation tubes in five locations within the Creek Mouth and ' Central Basin to chart the accumulation of sediments in these areas during the 10 years post construction. ' 9 Inspect the meandering low flow channel,side slopes and bioengineering works in diversion channel ' for stability of the channel and valley walls. Collect bedload samples at monumented stations during six event flows. Install concrete monument posts at ten selected locations along the Creek Diversion and accurately ' plot the valley cross sections to establish the new baseline conditions before abandoning the old creek bed and initiating flow to the new channel. Install gangs of eight bank pins on 2:1 slopes and survey in to measure relative vertical rates of movement. • Inspect plant beds,grading and habitat features in wetland and implement warranty work ' by the contractor prior to finalization of construction contract. A ten year Post Construction monitoring program will be implemented that collects and analyzes detailed performance data to be collected in years 2,5 and 10 following the establishment period as follows: ' 0 Survey permanent monuments and bank pins along sections of the Creek Diversion; collect geomorphology monitoring statistics(cross sections,velocity,erosion rates,offset distance) ' and inspect bioengineering works to confirm the rate of meander migration and slope stability. • Collect water samples at five of the monumented stations every 500 in along the Diversion ' Channel and at the Creek Mouth outlet three times(seasonal)per year; analyze for Total Phosphorus,Soluble Reactive Phosphorus and Total Organic Carbon. Collect representative samples of streamside vegetation biomass. ' • Conduct instream sediment sampling twice per year at monumented stations during event flows to characterize the bedload of the diverted creek. Map the depositional zones and sediment plume on digital base.Analyze sediments for Total Phosphorus and calculate mass loadings. • Records of the following parameters will be collected at the water surface and just above the bottom bi-weekly during the ice-free period to chart the rate of turbidity and primary productivity increases over the growing period: Dissolved oxygen,temperature,pH,secchi disk, turbidity. Samples of the following will be collected from mid water column bi-weekly during the same period: chlorophyll a, particulate organic matter & total particulates. • Inventory the fish species community using 3 foot hoop nets, fine mesh seining and ' electrofishing at standard control stations in each new habitat using a standard level of effort. • Spring pike and early summer largemouth bass spawning activity will be documented to ' determine use and locations of spawning activity. • Inspect created physical habitats in the wetland for physical changes and plant colonization. Review the long term creek flow and water level data to recalculate the water budget. • Fish habitat assessment will accompany the field efforts to document the post habitat ' 10 construction plan and profile,including depths,substrates,vegetative cover and other cover ' types. A digital air photo map of habitat features and vegetative communities will be developed for each year of the program with an overlay of the habitat areas so that long term trends in vegetation encroachment and sedimentation patterns can be observed. Reporting will include interim,cumulative monitoring reports will be prepared for submission in P g the second and fifth years following the period of establishment. A final report following the tenth year of post construction monitoring will integrate all of the results of the previous years and provide a realistic summary of the project successes and failures. These reports will be submitted to all signatories of this agreement by June 30 in the year following the major monitoring periods. 15. Plan Deviation ' It is understood that constraints may arise which may result in a deviation from the proposed plan. Any deviations will be discussed and approved in advance with Fisheries and Habitat Management- ' Ontario Area Office,Department of Fisheries and Oceans,Burlington. ' The Department of Fisheries and Oceans,Ontario Region,will: provide advice on the proposed projects and offer assistance regarding interpretation of any aspects ' of the "Policy for the Management of Fish Habitat"which will require clarification. The Central Lake Ontario Conservation Authority,will. • review the detailed design drawings and provide written comments to Blue Circle Canada Inc. and provide advice on sediment and erosion control as necessary. The Ontario Ministry of Natural Resources,will: • review the detailed design drawings and provide written comments to Blue Circle Canada Inc., provide advice on fishh transfers, fish stocking practices as necessary and provide a fish transfer permit to allow the supplementary stocking of Largemouth Bass. ' 11 Ass agreed to: Gary Gentles,President Date Blue Circle Canada Inc. r D.V.CiIman.Area Manage: Daze Departmem:of Fishe:ies and Oceans Fa cries and Habita h[anagem it•Ortaiiio r Glen Price Date ' Ana Supervisor,Aurora District . Ministry ofNatural Resources Russell Powell lTate Chief Administrative Officer rCentral Lake Ontario Conservation Authority 1 1 . 1 r r 1 August 1997 Page 12 1 1 ' i SCHEDULE "C" STATEMENT OF PURPOSES The costs referred to in paragraph 8(a)(iv) of the Principles are the following: • land appraisals of the lands to be acquired for the reconstruction of Cove Road rand the construction of the Westside Creek Bridge; and • legal services provided to the Municipality in respect of the acquisition of lands and interests in Cove Road, the Westside Creek Bridge and approaches thereto, and the implementation of the Principles including representation of the ' Municipality in any hearings that may be required to obtain approvals of senior governments, retainer of experts to prepare reports and appear as witnesses, the ' acquisition of lands and interest and approvals of the Official Plan provisions and zoning amendments referred to in these Principles, and the negotiation and preparation of a management agreement with CLOCA; and ' • engineering consulting services respecting the implementation of the Principles and obtaining necessary approvals of senior governments referred to in the ' Principles, the preparation of working drawings and specifications for the works referred to in these Principles, preparation of tender material and construction ' contract documents, award of contracts, construction supervisions and performance of the duties of the Municipality's engineering consultant under the ' construction contract; and • acquisition of lands and interest in Cove Road, and lands required for the Westside Creek Bridge and approaches to them; and SCHEDULE "C" -2- • the reconstruction of Cove Road and the construction of the Westside Creek ' Bridge in accordance with these Principles. ' SCHEDULE "D" WESTSIDE CREEK DIVERSION WORKS PLAN ' NOTE: In addition to the works shown on the following plans, Blue Circle will plant a vegetated buffer ' zone on the lands outside of the top-of-bank of the Westside Creek diversion channel as follows: 1. For Westside Creek Diversion Area A ' a) at the waterfront trail, between Waverly Road to the first set of towers, a planted vegetated buffer area totalling approximately 13 metres wide generally comprised of ' approximately 2-5 metres wide at the top-of-bank and approximately 8-10 metres wide south of the waterfront trail and planted with mixed deciduous tree and shrub seedlings (short varieties as per Ontario Hydro approval); ' b) for the lands west of Waverly Road, a vegetated buffer area approximately 2 metres wide at the top-of-bank planted with shrub seedlings 3 metres off-centre ; and C) at all other locations, a vegetated buffer area totalling approximately 10 metres wide comprised of approximately 2 metres wide at the top-of-bank and subject to Ontario iHydro approval 8 metres wide outside of Easement Area A to be planted with shrub seedlings 3 metres off-centre. 2. For Westside Creek Diversion Area B ' a) by the Marsh Link Area, a vegetated buffer zone approximately 10 metres wide comprised of mixed deciduous hardwood seedlings 3 metres off-centre; and ' b) between the Westside Creek Diversion Area B and the quarry, a vegetated buffer zone planted with white spruce seedlings 3 metres off-centre. ' -1- Place rooted wi:1Gw socks Grovel Bed Nourishment in drilled holes along toe of 2 layers of 300mm rip tap _ ,- GroF over root .Rail slope. Offset at 2'.5m spacing. t/w filter fabric (TYP) Bank o Protection. F.>ponded Plan View 0.,, stakes t Om sew detoll below r {._.,'�;��' I I}!•. - - - _ ✓.r-.. See Detail o See detail this sheet. r —t- •t•)..� 4..� (•, {�'`.�rt-,L - , - ---^7r VILM c QHa i ti , _ C S 5m tau >r ■ rata,ning wall t t ...__ 1 �^ T ,��� O• _��r. ut A <+ PL iJ tI 8� Zap V `• lyl, wu lo SECTION 1+2011 nX«*«ae XneaX<arerna -` V4MI '> , 1:30 sand Ihy«f«<<ncbbnl«eQ �Y ..{ ^ •� , -_. � � 80.0 _� __....._�.___._ __._ , I , S '^:::•..�._I,.._....,._.._-,.: ubmerged tree covers �' ', r ,t•. .� �, a •� ��� as detailed on._sheet L-? 79.0 •. _ .� T4JWER — I Place 200n),11 deep organic �, .• .. _ REA _ `• . 78.0 .. LL 9ertIM aocw ac 1 it , hIM I W� f wl .lijri 1 1 �r I :r' e hlthnm tnpsa1 on nl topsol stripped cn deslanaled 77.0 t--,r._,,..r...ryr{,_"•1 _�_ .----A ern vi..Ifb,ra ...J— .,,., , L__ _ � _ I ..� f t r r{ > ---- as speulieA. 92 1 88 i84 ___. — . __-_ f Ca low no.[ M e 1JSS r •Ea for ilo. ry O:aS 82 ._ _X _.._ .. ...._ __ ._..-. _...._ ._._. ___.__. . . _.. _ _ __.. .___ _...... w - 8G .. .....,ie .._....- .. ._.__.._ _ ..._._.... .-_...._. -- al,i'i diTz'.... -.._._....- _.._ .._ .........._. ..�. .. .. ._....-.. _ __.. .. ..... JTI, ._...... _......... ._. ... _... a •a= 7( T 74 _-__. .... ._._ .__...... ..... _._....Y .___-.____ ___....._-. - .- ...____ . ___.__ _. 1+ 1+020 1+040 1+0150 I+1110 1+100 1+7.0 1+140 1+150 II Ir30 /*0007*?7! 1+220 2+ r*<51*>51> 1.280 1+Slk) 1+320 1+340 4�S3 Q, PROFILE J 48 80 8 I:no 84.0 Z I-.^on U, � P 1 «t w.."L, 84.0 '�F 82.0 --..... _. ....._._. ,....,... ._ � f / 82.0 ....... ..... ._. 80 0 ..__.-- Gwr•rsaKt(r,-4 .. ... '-..... ._ .._.. , �� P'si i Y:,'m n>!v's _— �,e.•1 .i` "'�t'4fn! .. TF 7 G _ r _-T a I,�r _' 'I L a ka� E t U lA,ll_R«M 8 _-O PJ!Qtc + 1 -A) X r J � .a1 IB.a `� 76.G.. . _ � U 0 5 I<dU. 1:12310 ..15 76.0 . .=ErTu?fN !. L4_L9rFf)..l 1-9�•'.'k � >ud-Bm4 v«I. I:loo I:1 _. v«i I:wo f 0 15 c<wnsphtly,0<J<n GXUrX : ".. '' "' �' R<Rar I R«,f.: RwrA J M«.J F<rcn! M<«n♦ _ - � ' ... � -+•� �..... -..,.,. En<a,v o�•*^w. r.fw ia» Lw Lvw 2.<w i.ras �- a JJ «r<o _ - r .2 war«*.w r» 1.n t» os lrs { -... ... ., ... •� ... .... .... ,l,) r1R.a.nr„.r s ran n sn 2-1 L oe tl LB .yam �_w�mm r.<r.i ..... _T ..•• -- ) i ,/ rrn N W U mn . va•w, X - "'- '�� -'� va.fw 1�<w<•nr q,Ly 11.111 11.1 n r<< tarn t<ip IUrn lar-0 e ! f.Yji U" XfXi UJrre o— UI!ft RXIN IXnw1 rNra Ri1n<aanY Bmtl >y,< «y.�<aRXI Inc1,M N r 2 la<nw rrunr awb.na .�.�-�!nst nt 79.0 c•� 11 RoM Mut I.Srn .�r<>!XI to.,1_._.. trwrRnn cyl.<rr f <vM/N.rn^<>.. rrwwnbr r,wma•«nt ts,< n.le•. r.<N I:2w _ _ __ _�- _ .--.� _ -'_".. _1 L_.. �•.,•• -•..• _ SL WA"CDAWT ETAII wfTft apMlaRA1f10 low POM C aA00M 0M - FIS.w `' r L IP- ........... 7� x 7p rv?.willow wattle; I O� r,-0Fj m(H) 3.1br-li(INY .per detail tok 0 1 slope a� TWIN CON,-'Pk,3 B(')t ,:ULVERT'�,' Ploje 200mm deep CENTRILLINE OF topsoil st'ipp? ..VILM 2 loyers or 3Q0r6 FLOODED LOW Qrn designated o-'Pd th m -op F46W CHANNC�,-' .—Xlp-rop�**4ilte, fatirrc Nti :l. plant prop,04��A ......... (TYP) IT,P) ---- -- Deciduous shrub transplant see detail K .41 "t Deflector loct. locate and place 15m hardwood tree along centerline of lowflow h.nnef embedded O t n, /' ® I r.l in %edirhen Wide jr �el VILM JIA(P) r 4 5 r4,OF 1.S';`n(H) x .�.Ori-(W) TiN CONCRETE Box 4U1_'.', -R I'S Place 100mrn topsoil op all exposed siopes, FUnJRE G,.: hydros d with legenervion rn�ture a.� speckled VILM WESTSIDE CREEK so:ale !josion c.Dntr(%F Te OL, DIVERSION DETAIL Lj see dcla,l ONhARIOI HYDRlQ CORRIDOR r'If li I Y I _ �.`_ i � PLAN 1:500 ............ ...... LOW FLOW CHANNEL 92 DIVERSION DETAIL 46 N' T Paw PRen fi ........... 84 ................... .......... ........... .......... Aft)S, -------- 78 Elm .......... —-----.— -- �* +.77M 76 74 1+35386 1+360 1+380 1+400 1+412.4;9 1+440 1+460 1+480 1+500 1+510 115.•40 11-560 1+580 14 FOO 1+620 1+640 1161.0 1 f(4150 1+391.5 11420 1+465.314 1+503888 1+✓46.334 1+575 1+618 1465,131 1 A.M.665 SUBMERGED TREE CO" Sug.".0 c I k CASLEO TO 2OCK— CAfklO 10 2PDO— rRUE"I" QFT)FILE 73.0 .............. .,z. 1:500 LM RZ Ifatr a.R. V,,rf. L200 0 1- 77 77 f 00;�-.�CE la0.�D1 TOPS01 PLACE 11 DE1 P 1�, ,L I lM REV LAR WA 10L OVERSEE] AM RE',ULAR MIX. I'"U01 WA I Al or SLOPE 6 0 76 C "-A(F 20�n �EP- INK t-WL r GR T S RIMED r io. N; nrl ADIQ APT S Or A TlAND ND RA ATE I AREAS )F RE nj In ................... ....... E., .ED ............ 0 1 3 1 5 5 -3 2 1 it 1 2 3 4 5 TlOrj 1+500 SECTION 0 t MAPI'S CEMENT CaW(PArkvt CFAUM DIVERSM LOW FLOW CHAIIIIIIIIIIIII. �—t 1 1�,.�-rZ(,�,�.-rte. x=—_— .A----._' = r-_.o..,�A lip _._ __ 9R 100 mm p - - w� yao'rmbOtY�m�e �. �y . �' ,%iv ',, tap[?"r"t I .• I'+,• '' '� `�f`��x��r _ P- �__ � OOiret` I �•;•''�• PWce 200mm�,deep orgonil topsoil) ��- Yy� f'� ''• stripped from designated {eas Remhve existing exi tense-' I ( I HyIF live plant propdgules. NORTHERN, ffP%.....WETLAN4-' �, ' L' II 21 Pl 0o not stockpiie,prior to applicatio?. 1 oves I 'I^ --r-Remsting fence 11t00O I II' i,1 1 iI i .;'OwK" 1`T I , J x MjyLVSted sWpes%,witn gr4ndcoveR'1 mix do E mm w "S` S /' %,4' Oo 1 i t �•- spel,'itied. S IV I(A '% ILr 11 I I r Excavate channel only. I *\'— .0, 11n 1+700 10 'Y, x 1 ") Stn i+900 to t) t\\\ Live wIllav wattles--along •� completed du in Irozen l 7-1 ''•,toe o sWee to Stn`,2+000 Q ^\ r rO.ndilions. I ?/r; ,^j•, •V..��'•,. ..♦ .'w �J• �•e C) ' ', fONRE Place i`ooted wilfpw socl, in—��'• 1 'y :V ' 1 ..yl\JALM •., drilled ho1Qs above.elevation 1 n►� "} 76.0 offset•.at 2.5N spocitigs. �• ' �"'�..r:_ `J' \•,,See detail. ^'•^ y TYO, scale eAosion caRlrol •^.µy^'�•�n.� •.r.�;�e! rn I 3 3' �', see'�delail .r• r� Ln '(;J 4,} 77.0 .. ..._ ................ .._-.. ............euc....ne,... ....acsntw•.............. .........._ 77.0,........ .-. :'-raala..... .. _.—. __._._.... ..._.............w ,,,,,......_.. ...._. PLAN ° 1 P.Wd 1:500 76.0 >m i '• i a.. X_ -x..:=: -•,^s� , ...t_} .ti 1..:dA,.G••n I 76. G•-u i -,'tHUMNAVEM 700 71 _ . 43 1 01 4 ; 4 `n « .oai';�ma{:�Y.w•i.,'�: . . 'a -K y• .�^ .L-�y ' .,. 3.2m- 5 SECTION F. - E 5cde 1:50 l ia;° SECTION f - F xoe 1:50 °`mw°" W1O 92 —- - . ,. _ - --._.. .---- ......... - ....... _ 90 ..... ___ __ -...._ _. .. _'._.-.. -.- ...._..._..-.. ..._. .. .. 84 _._... .__ .. ._.—__._.. -.. ...`-----._.__—_'_— — -—_... _. .. ------ ...... y'hT•oilun Fo`n"71ai-"-- -..... ---. _ ... _ ..._ _ ..- 82 S11n.w.l_ __._—___ r aao.r •nwv.(.;'_^_.._l.__. ._ _�. _..___. tw•.. wJ, -' _'__ .... .y....r i il' _.........__._ .._...�. __..._.__. ...__ ._ i vtln r is . 78 E N Icy Rwgfltl O,w bna t ...... .... ... ._ .._.. 77 ».J• 1+I'_U I+I40 1+760 / / / / q 1+820 1+..4U r _) 1+900 1+920 1,9"O 1+960 _ . 1� , _+O.G ?+G4U 'Lur.O 1+089.15 �6`3o66JOJ� �/, Y .l�j,xTOy.r,. �d5 OS *94oy4j6dJ y99 999J6�Jt9rip Fa3'r1� 5.. y � s PPOFILF HGrti. 1:500 �� -----�__ _ � —.__.....__.. _---�------ --:-~-wo► Vert. I::1110 DuA.oN ... - trliTalOE GIBR LOM ROM CIIAIOl1. a-, - v_ t- _ d - 1 '' - �-� FOND- '•.,P ��! _ UWCEiUdX-CaJLT/FRTS ' I•J��JL-+YEG.T-C(7V1�RED ' !, • 9 tI� , �F4 �Ir ` • I - •. lk r ptta�l- < • ..-�• '� i �. ...J v..�•t`I�v�..•_ �%` y fL�� Gip. I r� t'�y p. 't 'o•• +, _ •�M^ >—Place :OOmm ,deep organic - 9 / "Ujt I a;.• n).• . �' .'L•C.�`L`T• om� _ topsoil stripff designated areas with S / ✓ v• I �J 4 1 _~ live plant propoqules I''1\/J��/\'��1�606 a `� �^', �-� •�;~ �•I •�..•4t Do not stockpile prior / •� `� , ry\ `,•r-a1 c�'.� p - -:1.�. to application ,. ....: ._._.- .. _ .,,.i . 9i. •• �t-- 1 � (• � �_.a12 erosion control TYF /m 2 and hydroseed slopes TP Scale erasion control TYP coi fnbric l and Aydrusee-1 slope TYf' ' •••• --•_^to ele otion 81.0 and ur t-.un+ i / './ t, IUm. fix_wj(h.-3Bthn .• or Oeciduous shrubs r rP— Y wedge un< M1SUnu i liv,• { / •1• ) .i •t• ( 0� ,.. • '• willow slakes I.Orn O.C. q 2 •• ' Rooted willow srx-k TYP `a ` -Place 700gm rm.-,fair fobrie' .., I /rte \ :1- to elevation 81.0 6IT&-duwnstreom �1 1, •.t ••-• - -o k y � IOm Ali. with 300mm wooden • • �• —Place 200mm deep organic -i• ' -- -�to06, -stripped h urn - wedge stakes and 450mm liv. 7�)• �'• •e designated'greas with 1 willow stakes t.Um O.C. •-�!�. - 1'�s- Rooted willow socks TYP--/ •r live plant prlVagules. I i ••1• k �� / ; 1 \ Place °OOmm deep organic topsoil ; Do not stock'ytle prior :. Deciduous shrubs TYPE .-J stripped from designated areas •1• •• , -application.•'', and screened. Plant Sr,46s.,species •.>.• Scale erosion control TYP- 2 and h droseed slopes TYP �� O.6m O.C. Irom stn +350 1a.,2+M140 1• `}:k, \'v. Scale erosion control TYP— \\ and hydroseed slopes T`M .�� •1• --- -- rte - •�• /!BOG . .vtw^„w t Fe.a tmrwr \ Gad. evM — IM A-) •r1r•n DwnNf t�'. ieq.f1b Ge•My Cu r:er .+...,. "'-• . .. r sa i� / N'72- 'IIIWUARRY SLOPE PLAN 1:Sot) ''plyi double row of—.-' -.�."r•L Wrllt.w s a s t,F w1 - TrPIi:AI ROOTFD U.OW SO k wR�re syru'a see 16,4s tr+es A •.h,uhs I ' .• nr5 11•n) lot) „1 I 1 k SIT O� 92 .. .__._. _ _.-_ .-. _ _ - - _ ___ .._. ._ _ ... .. {' 815 82 -__. ....._... 7b 1 10 _. M-.LCLLt .1 DQp ........ _� - A.IiK--^- _ _ - _-•wap.rnr rr.eJi,y 0.«em 73 ! .1 ••�: i tuts .D r« r iDD)c 5�V W.Flo.CI o.i•.O.,li .-- 1 .1.- ,'i 4 4 0 lnv,n•1 tlonwn 00 2+28v WtRYS RLOIT CaNPoRATOM r�er-Mlrrs•ar i PRc iF1Lf_ _ Horiz. 1:5( wu.o�'t -._ =. ... WESTUX CREEIIB loft FLOW CRAWM 1 Vert. 1:200 --- - --- — -- ff_ ful Jlll 1111YC1t deciduous hurdwwd seedlings as CENTRELINE OF Scale Erosion Control Transplant bulrush species U �rus 3,utus. S. vulufu5. a punyenu. titd in 1001 band at". t- at slope, 3.Om u.c. _ See detod this page. S. tluvidlilit Utim 0.c. rmd-,,y�r=xros; 7 FLbW CHANrFt • ' C. . . . . r. �, . _ - '�•. (/�I//r'�y/�� s-.• v�•.•. Lois. n n 'Se.. 71 n•� •w �t •• .••_ ��� . - � M Ij a •.r•y.' Ky..Q' '•'.•. irQ II `.... W I. 2 EU TURE. -IDE SLOPE -Q-Waft i. . _ __.. -..._... -'f6i553To7d hvdr-seed slopes with PIOCr Q i'IJnt double r..w, of 1 ....N s eciftet7 soJt.;,y�walow:?JLAa �. Pi _'... 1 . groundcovF m p - ont ran9olarr[1'd /L6), ply+7f white spruce serdhn9s Plont randonlzed 1.50m' rtn♦S.tJ7.----- --' -- in drale0 Holes o`EJv6 EfevoGgrr- JIOnL tap r bJnl. "r5iae0 free un'd'8tirub sevdlr ds .. ___...75.3;"o4bot..ol?.5n1 sgarlrigs._ 'v.M'1rn� 3On, a.c. lololli�30��f=JVer q4� Jr ea.- 1.r•)1, ee Detail -.._ -.... ._.. .......... ___ ............ _ _.. 92 ......_ _.-- .-- _ 90 .- _ M8 ... ._....-.-_ ._....... ........._....-..___ .-.._ _-.._................... iype E4 Lo fro.cm—w 0 •r.l-4.oy wMalN ar W•1 a Loaf.L.., __ ..._... __.._.... .. ._......... ._..... - '-- nw..x_ - _.. . — - - - 01 t34 _ __. —— 84 au _ ...........-_ _............... .........._..._.................... ...... .____......... .... ............-......_ '-.__ .__ _..........._.__...-.__._.._—_---..,__�..._.. .-__....__.... .......__._.... ......_.-_...._ .__ ......_... 78 _.. __ 76 J.4m 76 _....... noneaM 6 O -, 2,440 2+460 2t48O 2t500 2+520 2+540 2+560 2+580 _r600 2+620 2+640 2+660 2+680 2+700 2+740 2+760 ?R _ _. _.----- PRI'1f ILE , ?' N;fir. 54 ........ ....- .-....- .._.......... ... HJr1L. 1.500 - � �—.^5n, 611, min I:J r n(mew.) Vert. 1,2100 L. 83 . - 7.yxod � � n IUn wxe1vtq pu1N —_ _TTT I «det1MN'Swwvn u- 62 .... 7� �.�a n m wee ......_ _.. 83 DOZ wyw pd: 20%a.nd- _ Rml Sw'<FdJlwrx,Sroynwn, '1 on 241 —_. .. ...... .... ._.. ......'4 ___ ..._... ... _. , ab='p __ _ I twe runlet W _ nd.lw.,!•„pw-Ir4J �_ - "R r E w,d 1-11d.e<d. 1'I.1 r t dw'i 1 wnn• C Ff nn«tan la wl w ��'1'jry- ,rs1 •. bV .. .. .._•• ...� .. � AiF,� Bed_^ I d«`°nr planan Ik 100m1n � ��—__ •J., � '�-'^^•'•" '�� ;� _ I f.,,,. °n 78 avx x4 iae4.ya ` ? W.'�upapo�o'I 40 _ am me1Mb1. ::� . . ..__. .. . . \\ .. end tn.,. t ••I ..• to u .. ._.lonya r n m aepJye E.,vwre r y wplvw pn y % I �`'4 .........79 79 ------� -. J 40% Flu. xi H,eJ / V 40L ydnd, 0Z wgnnk �y!" 77 -- tPldp g cu N< 78VbnlYy1we.ti,v d,rW w I N�pp.NO inu . �lr y 76 .-____ ... - /:._. .... _.. .: -_-3_ R I,Sw�N.1,wlxn•. 77 wtx ---lyad n,x �..n� 1 0-.. —�.0—'-'tai 3 0 4 0 - ..-_.i•n ,•i x' V (• I•e DpgwuuJ.FM ,.) 9.0 111.11 111 I�.0 R 1 J u A _ __ wulw 1•. r,5 •.. - •_u•L IN �'� Uakr cda••%od OMi 1:250 • . .____.-.—_--.-_ _ .. ._ _\ _ _ r u _ _ J rooted wilx 75 ""r Y7-T 1pu Yal'J _ ... - _ - t Humul +d/s Yne� � � .-` _ .. S _ � k.V4 rill FLEE. RO �4I _ TArIQN ^+6JU EI FJ %!" E •I�. 11N . w Z.clw. .R. zoo—,rr d+us;:w.1•.e'3 7..•.15 5('ALE EROSION CONTROL PLArd rING ARRANGEMFNT FLAN WIC, 11 f f'L I; 4 4 wJ o wyJ,i.1�r Y �n frwn IWnd - _......... ... .��_________.�_— _ N ,7 MAN s iENL 1 'Lw`F17r•11•,1 Lc lluN , (,+ ,uu I pu�qr iresrllOE MEEK D1YEeaa �,,,,OM — Lois FLOW CMIN a Deep �nn5 ry` o�.il E'_,are transplant th, following specifi aticinn: Aquatic Macrojs tes Shallow Zone transplant s 4. .Nupfyor-Vldrie atwn transplant/Plant the following a; r �.... 9 tyyrtlph¢eo-a?grata - t I `� 1'•� PotarfiogeLoa--�rerC'K oldii floating er lilies specifications "J Utrirularia vulgaris ran * V. �� •. �otomoi�eton-"peetirratU"s *'� 5m wide Nestin- Zone - Alisma plontayo oquatia3 fortorgemouth Puss Lysmachis thrysiflorn _.along-d'ap`fh 1 h:pge Ceratophyllum demersurn F N 17.37'00' W I�eojute over Willa C_ �, ` � ` �� •cv `'t Remove n d?r °'�•, ,- �: 6�4� � II � �shrubs and ragrode o r, .� / \!•� /� - � . •: .,,-'.'ems �tlgL�� IQs site directed C� ► N :;' S % ,.r 1+ J • ..-�" i/ % • Fkk :l'- b•1-may,/� 1 LJ :+~` \ ( 7 Very Shollaw Zone LEGEND Q- /,'i • s \ tl-011 Spl Oil thP. s-lor.r wa.e r•e1W as••.i.y � Are A.Wrq.rwA A«•.«I' V J •':`i� h •i/ .�.• y .� '• following as per ■m—d—Ioa• xa pgc�l , (K ~ /� ` '�. .•�.\._`'- ♦ 'J�• Sp!cificotions: o Saggitaria Iatifolia ,r'i 7+ -sY"• . �1 i Ad +�< --txcavate Finger' channels Polyyonum slphibiunl s1.A....a rwA•va•••.re v ` into Alder Thicket at the Pnlygonum persiearn direction of the site } Scuttellaria golericuluto Lc: ao biologist tarp 1 •e'cillotus n«r fl. L d�.n �.r i -•a• \-100mm deep 5 - lomin `t :porgonium r•.Iry.oll.lml Transplant Speckled 5m wide Nesting Zone p p Limestone screenings Siunl suave - •+•°�•^••• w Alder salvaged from 10m wide; Nesting Zone 1 for Largemouth Bass hnhatiens copensis to toe of for Largemouth Bass Slie • r' ---Ed e of Existing Wetland prtitin berm y fi�-•tonnls• umb:•Ilatu, - •- Verlc-l(: D—..1..r... rwo.••• A a r; _. i 84 80 . ...._._—.._.—._ - ...__ ....__.....—.._..——_._._..__. ._.— lh .. ..._..... .-....... ...... ... _..._............p —_._ __ _ _._ .___.._ — .......... __._ .__.—. ....._.... ......--_.. ..--_ _._. .__ .. 1 74 •/ Mp•IA B Ilan 7? .._....._.. ..._........_ .............. .... ........._... .......—.. ............. ..._.......... ...._. ...._......... ... _._.._.._. _. ...-. ................- —....._. ......... .......... ......... ._..._............._ :•A Lv :1+A80 -, :+9.0 :+ja0 .::a'? 2+980 3+000 3+02u i+04V +u6 a t. ,t i s+r�`f Y..r J ty1• t/r v n C __ ST`CRY'S CM O71ir7RA110R s•-rr•sw j PROFILE HoriZ. 1500 _— Wj! T$Wff CIIE[R OMRS OR w VC-t. 1.:100 OII1.OH - »�.. NEW CIR"K YOUTH ...... _ - 1 cerwwauo :. r r r r r rr r r r r r r rr r r r r r r - w.w � OIROIIL eL R ' uFFI'.oe.rr v �I r :..o.r0Y0ia✓w w�wLw,>. ,ts' xw uw xr::(,....ni w.a axruw - _ mai waK ♦'F�N A >r s.w, y7pSpASr----- 4bn LOxi• �n xr+.r. Ixwwry u wail. �rsd!"':'' � ui sF<a.a —000-69On+Pa Yp.q1W PA P stAirtRrn LxcFaR +nx!uo - o Rvi ru y ,b... w A Rwa n.xn ePnnon I' ­w IL lW MrIWr .' _ It ..e+_..gyp., j- -.__.. .... ...... .... •.\ +\ -j r''^•<iF I'O•.r -" ---o.sm - __..�_---•.::���I .m K. F.,mc'.n.a... a.. _y.aqxL,a,,,iR,a IR I +L R WEDGE SrAtE DE AL V., DETAIL 2 - SEC TION G tiOJUTE OVER TOPD RESS SEEDING MED11YJ ,s Low z us lO ' vwaVl airg�rUm xlo S,OM ICLF®ix. wvwm x...Y. .w w K r r n K.I,Rw.�..or i w M,i alY KFES e[riFN +'o xot wr.crtR r0 K rwl.rrte. DETAIL 1 - PLAN VIEW DETAIL 3 - PLAN VIEW LOG CRIB STANDARD ROOT WAD P.EVETMENT- wo.oi i:`.`:r ioan�o r vl�.aiva sm�..oc mom"..:iri a:i vwi ew n wR rK. Ia,...Lox O< M M['O MLrwa09 qr n„Iirt r Ft,xiwM:M x fW x.'MpM.Uiot.x m"`Oi ws A,m_.ROK wi.wr<wlo ww.w< r.ixxr..r mxixxutlPa0.xlp �y 'ILI jy Lr,Orwx lriO.tl OML �� F` w x.i O,w„W. + MI rwFr ROIR '1�� rm,w.aM farwt W F— wOe• - mwex� r4r rex w 10r.w.w i..11A drFw f ww Fi.H'W elm+.Iwx , 000161KI MM WaPIIL xKlb!Wt / ytY Mi�w YC fux1�x.aii F � •,'\ -� .- .tl.N.w w.r r..w.ra..I..1P`. F .. . '.� - - uwx w awJ.� pMIx�.O W F�wI M IOt�a�Ix�rY•w•,M v'a1rllil r ,ir.r i, r/r� _, rwr 1~ wa ux —,�wP DETAIL 6 -- SECTION TREE TANGLE `r�oirOi.mrixi w:ro°i'lot DETAIL 4 - SECTION - --2'0— STANOARTI HOOT WAD REVFTMENT '-�-- - --'--------1 -- - _ I ,iafY,w10e w M Ll.tll - wwea st KMlo12.�a A wm M [— .ILO.tlraaYO tlxr<x) xDP+ SPECIFICATIGN FOR WET MEADOW SEED MIX w i Wet Meadow Seed Mi. is' Dom hanl5; Canada AniMione, Swamp Milkweed, Nodding Bur Marigold, Spotted Joe Pye Woad, Soneset, Dark Green Bulrush, Fowl Mann,Gross & Toll Meadow Rue - -- ..woL iru�'vrF� �.ww.iLi�:ncww.�,xo.r . Other Species. Common Water Plantain. Jacl-in-The-Pulpit, New England Aster, caraFmxl Fw _. _ Purple-stemmed Aster, Marsh Marigold, MixM Sedge Species, Turtleheod, Willer DETAIL 5 -- FL.AN AND SECTION Hemlock,Marsh Bedslrow• Rough Av riS.Reed Manna GraSS. Cow PmsnlP,`ipolted FOOT IANr��_' DFIAII - ELEVATION ti Jewelweed. Blue Flog Iris, Rice Culaross. Cordinol Flower, Great Blue Lobelia, ._-_._....___�_—..___ --------- UVI' WILLOW WAIILE Fringed Yellow Loosestrile, Monkey F Wwel, Bbn_k-eyed Surun. Swamp Unck, C.rnmon - { Ar towhead. Woo truss ;real Suhush. Ruugli­temmed Guktenrod&Blur Vervain. --_ _ry - - _- _-- -- _---- -- _ __---- �htubz & Vlnes Ch.keb- y Vn llii�', bower. :illy Durlwi.A. Wild I�uLUinher, __ . aoilal�aFn - 7 Wn(lerGen y Holly, NmeLU 7 &EIJelberi y n YARYS CE141T/7gMORAt10N tw•Iwle-eI cn n ry v a r v CANADIAN NAIIONAt RAILWAY u... u. — r • or • ' O � J r Brim" oowau 1�• y M1 .�1O111�1M�AtAJ�Mll�llr SrAV S CO AM Comom ON ow MILL M[0 OOwaf�p err 3Q n1�O Gink ML N.r t III� MmCP CF M WQ1�E amc OrWil"QI NEW PIOIMY CKAWft �I 1� t o, V �o-rms P1 r� rr rr rr rr rr arr rr rr s rr r rr rr sr rr rt r rr r r� 0 A N RAI�`NAY CANACIAN NA��A` A y IM M 1� , d ' SLMMYS MfT COlCRAYA711 si MLNSWA JIY CF CLANNOW I wOAI � 1 aim DIAmI IL WN/MVAY CMANM Rara 1 0 : - lo-ome P2 x v a •ter• "� NOTE: CREEK MOUTH DESIGN HAS BEEN UPDATED. SEE FIGURE 6.3 Kam L RANKS +� v BUMI,:mon oo.aaial R/ I II r s rAM COMM COMM" .N wKl ML"Wm fy aF CLAMC aR E amc offlat M NEW PMMN Y CM r Mom 8 ri ( LD 1.! NOR a IR w{D M N4A.MI�11.11�QI�[ .•a w a s KARL MW 0wa0 s s/lom�sKeR.w. s gee•eta 10 am P3 r SCHEDULE "E" OVERFLOW CHANNEL WORKS PLAN r r ' NOTE: The Overflow Channel Works Plan comprising the following drawings is Preliminary and has ' not been reviewed by approval agencies. In addition, it does not incorporate the Emergency Access to Cedar Crest Beach Road as specified in Paragraph 5 of the Principles of Understanding. 1 i 1 r r r r r r r r r - 1 - � 11111110 1111111@ . . Ij MIL�I��Iq` s�. l I — � ��� �.• V'•, US ANVOW EXAMMU 11,W-M �All� ! _ ___ ��� ►_�l1! _ �_, _ _ .R.�._ _ ...,rte. - - .C� •����r�'L�lseeru�...��� o`lk,. r � � D - OVERF OW 0� P FLO WAY RELOCATION OF SERVICE R AD AV LY ROAD o� O� 0 E CLOSED D HIP, ° OV E WI S v OVERHEAD WIRE- MD I E 7 83, 12.Om WIDE CHANNEL STA 0+000 TO STA 0+320 O 4 o � D a ° LIMINARY 80T OM OF BANK LAKE ONTARIO WATER'S EDGE OCT 3 0 1997 FEBRUARY 13, 1996 DRAWING TITLE WESTSIDE CREEK DIVERSION NEW SECONDARY CHANNEL (ALTERNATIVE A) 701 ROSSLAND ROAD EAST DATE SCALE Marshall SUITE 201 OCT/97 1:2000 Macklin WHITBY.ONTARIO LIN 8Y9 DRAWN CHECKED TELEPHONE(905)668-3022 R.C.C. L.H.W. //NAMonaghan FAX(905)668-9443 JOB No. DWG No. CONSULTING ENGINEERS SURVEYORS PLANNERS 10-92616 SK-1 — 3 — PULIMINARY 94 0+080 94 12 92 OCT 3 0 1997 90 90 0+040 ae fie R 90 90 96 as 68 88 84 b4 B6 86 82 82 a6 94 90 90 82 92 79 >8 yyI V' b0 90 Je 76 78 78 74 74 -tOD -90 -80 -70 -60 -50 -40 -30 -20 -10 0 10 20 30 40 50 7s ]6 0+060 74 ^ 7" -100 -90 -e0 -70 -60 -50 -40 -30 -20 -10 0 10 20 30 40 50 i 92 92 0+020 9D 90 as ea ae ae ST.MARYS CEMENT CORPORATION SB 8B 86 88 MUNICIPALITY OF CLARINGTON u 84 —WESTSIDE CREEK DIVERSION 8R 82 B2 az SECONDARY CHANNEL CROSS SECTIONS (ALTERNATIVE A) a0 eD so so ♦ �/Y/� M.lkII Meoklln 78 78 78 78 MOnwMan ]a 76 76 7s 74 74 74 >a Sm too -90 -b0 -70 60 So !D -30 -20 -10 nOn 10 20 DO 40 50 -100 -90 -90 -70 -a0 -50 -40 -30 -20 -10 pD^ 10 20 30 i 2GG R.CO. La.W. =T 1:100 rt �IICRY Ic tcBc 10-92616 RX$4 PRELIMINARY OCT 3 0 1997 0+120 81 1 84 0+160 92 92 B2 92 9D 80 90 90 BB 98 Be BB as as 86 88 84 84 84 B4 82 82 82 82 80 80 00 80 78 7B 8 7B 78 76 78 7a 4 m n -100 -90 -80 -7p -6D -50 -90 -3D -20 -10 0 10 20 30 4D 80 4 74100 -90 -80 -70 -60 -50 -40 -30 -20 -10 m0r 10 20 30 40 5074 0+100 0+140 B4 B4 94 94 92 82 H2 92 90 80 90 80 B8 Be Be 88 2 S%ARYS CEMENT CORPORATION Be as e6 88 ily rnrMwn UNICIPALITY OF CLARINGTON a4 B4 84 84 2 7-- WESTSIDE CREEK DIVERSION 82 82 82 82 SECONDARY CHANNEL CROSS SECTIONS eo 1 eo eo e0 (ALTERNATIVE A) //�/� Marshdl 76 79 76 7e Maoklln Monrph- 7B 76 8 76 4 " 0-100 -90 -80 -70 -60 -50 -40 -30 -2(1 -10 m0" 10 20 30 40 5074 74100 -90 -80 -70 -60 -50 -40 -3p -20 -10 m0N 10 20 30 40 5074 —W. �fRTi oo 803RUMY 16 1996 5 �X10R92616 �6XS 0+200 PRELIMINARY 94 94 0+240 ez ez T 92 92 OC 3.0 W 90 9p 90 90 a9 99 ee as 86 86 1 66 8fi 94 84 84 B2 02 ez az so ao eo ep 78 78 1 )a 78 1^ 76 7a W 76 78 ! 74 74 -t00 -9D -60 -7D -Bp -60 -{0 -3D -20 -1a mpr 10 2p JO 40 so 4 74 —1p0 —90 —80 —70 —80 —50 —40 —30 —20 —t0 o 10 20 30 40 so 0+180 94 94 0+220 9T 92 92 92 HO 9D BO 90 [MMBe Nrt suPmgnfo ee ae ee Hs ST.MARYS CEMENT CORPORATION w>'oown se 86 86 ae MUNICIPALITY OF CLARINGTON 1 ea 94 — STSIDE CREEK DIVERSION SECONDARY CHANNEL az az e2 62 CROSS SECTIONS EL (ALTERNATIVE A) aD eo so aD /�/� M.okll l Maokgh Mona9h*n 78 78 78 e 76 76 76 78 � �LH WOros 7100 -90 -90 -7D -60 -6p -{O -30 -20 -10 10 20 30 {0 50 4 74ip0 -9p -aD -70 -60 -50 -40 -a -20 -10 to 20 30 4p ap7{ � w LH.W. n„1092616 �•7S6 PULIMINARY 0+280 0+320 82 02 92 82 OCT ® f 9►/ 90 90 90 90 ae 68 ea 66 86 86 B6 84 84 84 84 B2 82 82 82 eo eo eD eo 8 8 ]8 8 76 76 76 76 4 n N d -100 -90 -80 -70 -60 -60 -40 -30 -20 -10 0 10 20 30 M 50]4 ]4100 -90 -80 -70 -BO -50 -40 -30 -20 -10 mo 10 20 30 w 50J4 0+260 0+300 B2 92 92 9T 90 90 90 90 wWxo Na 9IPFA4vm ee ae 88 8s ST.MARYS CEMENT CORPORATION 86 a6 w m MUNICIPALITY OF CLARINGTON z e4 e4 as 84 WESTSIDE CREEK DIVERSION SECONDARY CHANNEL az ez e2 az CROSS SECTIONS (ALTERNATIVE A) eo aD aD 60 nwp`,/n,nnw` MarahaN ///Y// hlanagh Monaghan 78 L 78 78 78 Iwlxas I LL 76 7a .WOCO3 74 74 74 -100 -90 -80 -70 -80 -50 -40 -30 -20 -10 ®0 10 20 30 b 50 -t00 -90 -80 -JO -60 -50 -q0 -30 -20 -10 o0r ID 20 30 40 50 mw w —W. NEAT 1:100 FFHa0A9Y 16 1986 10-92616 77 0+420 PULIMINARY a6 84 84 t1E;T 3-0 f94 � az ez 0+360 eo eo 90 9D 8 78 88 76 76 86 88 ]a )4 -100 d0 -BO -70 -60 -50 -LD -3D -20 -10 ^D 1D 20 3D !D 50 94 84 az e2 0+400 BO BD B6 B6 78 78 84 84 76 76 82 a2 1 74 1 80 80 -100 -90 -80 -70 -80 -50 -40 -00 -20 -10 00^ 10 20 30 40 50 8 ]a 0+340 ]8 76 92 92 n 4 7 4 -100 -90 -80 -]D -80 -60 -LO -30 -20 -10 ^0^ 10 20 30 40 50 BO 90 66 ea 0+380 °° ST.MARYS CEMENT CORPORATION 88 BB 86 96 MUNICIPALITY OF CLARINGTON 64 84 84 WESi51DE CREEK DIVERSION az 62 az az SECONDARY CHANNEL CROSS SECTIONS (ALTERNATIVE A) eo eo eo eo Mmoklin Moklln Monaghan ]e 7B 78 7fl Owxaex 78 7e 78 7e )a ^ 74 74 ^ ]4 -100 -90 -80 -70 -60 -a0 -40 -JO -20 -10 m0n 10 20 30 40 50 -100 -90 -80 -70 -60 -50 -40 -30 -20 -10 ^0 10 20 3D 40 50 �y" P m LM.W. NAT 1:tOD rtBRUTAV t6 tN4 �x10E-92616 I'-7s8 0+480 86 86 Btr 82 82 60 80 a B 6 ]6 74 -1W -p0 -80 -70 -60 -50 -b -Sp -20 -10 non 10 20 30 4D s0 0+460 PFURIMINARY se 66 I I 1 1 11111 Hill I I I 8 1 1 84 82 a ���'777 6o eo 78 76 76 76 74 -100 -90 -W -70 -60 -50 -40 -30 -20 -10 n0n 10 20 30 4D 50 ST.MARYS CEMENT CORPORATION 0+440 86 86 MUNICIPALITY OF CLARINGTON 81 84 WESTSIDE CREEK DIVERSION a2 62 SECONDARY CHANNEL CROSS SECTIONS (ALTERNATIVE A) 6o w //N/A Marshall ��\\ MsokNn Monaghan 78 76 w1M°�s 74100 -BO -80 -70 -60 -50 -/O -30 -20 -10 non 10 20 w 4D 5074 w r LH.W. �� 1fAT 1:100 BkBwIRY 16 1886 �x10R92616 >79 LOT 4 REG. PLAN No. 694 t. wouER[r ROAD aw .av e� 5 P ,avaFr'S Iia� O b�6�A'v£69 �, ti � •,safpy ♦r � nr PART 16 4 l + � � RESERVE REG, PLAN No. 694 „ g$ PMT P '01 1 / rr. acW rae-eaz e MT Y93 u ` PAR! 15 � �w N .ro aGa'],FfG HM'Ad 4Yl ROAD WAVERLY ROAD acts ..,xa /r.4v .w esr PART•9 RESERVE r.REG.[7PLAN� No. f 'k R �• nor A PART on nns PUN �. 4G � 1 7 LOT 3 REG. PLAN No. 694 j9 r r3 H'q✓ER(Y RDA" E O PMT 7 PART 2 T w f;•y�o. a g D E V H O U v •'• � �:„ $� 3�� AOO �9 p �Q$4 o;zyzOo�f$i^nOOm"Ivp z 0 o///' PA �RT 9 C O 53 B98g= PMT 16 �1 xOOa�AC>zm �^� A oar gg g airyy }c sspp {{ ;O z T l ii ;0 5 a{ pWOpp j 6A ZW p+l rt§ 66 J ON o 5 ' SCHEDULE '"`� PLAN 40R-17774 p�p 6 h www.(re.ro)a e a ti PLAN OF SURVEY OF PART OF LOT 4, PART OF THE RESERVE, EAST OF WAVERLY ROAD, PART OF THE RESERVE, WEST OF .d. ':• ^, o WAVERLY ROAD, AND PART OF BLOCKS h., h 1, 2 & 'C' (BEING A TRAVELLED ROAD ' en KNOWN AS WAVE ROAD) ALL n ACCORDING TO REGISTERED PLAN 694, 14 Q TOWNSHIP OF DARLINGTON, now in the °o MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM sr<u-I �soa ois a z � ` z R ps'` R 8�a OETAII'A'(,wt to s ale) z ' D- .P.. z _ iUR�VEY�OR'S�Cfe�R wltE�w m m,w w snom,.,sn� t •••• W O > 1 BEARING REFERENCE w cc NOTES & LEGEND ' w 1�1 O � � J ' z PROPOSED s- CLOSURE AREA"A" 7.7 PROPOSED °1� Aix as a CLOSURE AREA"C" ' o w 12 3 � PROPOSED 4 I DETAIL'R'(,.I U, TN stole) CLOSURE AREA"D" I c'f5T TEMPORARY 0 6 PUBLIC HIGHWAY 5 ' e . g SCHEDULE "F° m� q�OCK ROAD MAP ' ONZ PR`O BROWN & COOGAN LTD. ONTARIO LAND SURVEYORS I_N n R' UNITS 05TANCES$NO^ON THIS PLAN ARE IN METRES Oe�MMVSI£51 oNTUV10 ANN CAN BE CONVU M TO GEEf BY OMDING W 0.3098. s+lss0 = s.-�:ax PUN 4OR-_ .. BROKEN FRONT CONCESSION O LOT ° I 11 3' i BLOCK K MIN LOT 41 LOT 42 LOT 27 LOT 28 LOT 26 LOT 29 LOT 4� LOT 43 tI` �- ` O ' LOT 44 I v PLAN OF SURVEY L__——_——Lx 7 OF ALL OF BLOCKS V.'J'k V. LOT 25 IL LOT 30 LOT 45 i I PARTS OF BLOCK'k 8:PAM OF LOTS 1 I LOT 39 10, 11, 12 k 13,ALL ACCORDING TO i REG. 1 _PLAN I NO I I REGISTERED PLAN W. 198.TOWN OF -_ "-"'TIT__ - LOT 46 ' BOWMANNLLE•PART OF BLOCK'I', REGISTERED PLAN No,318,PARE OF o. gi 1 S W LOT 1,REGISTERED PLAN No.694. U 1 LOT 24 I LOT 31 LOT 38 y$ AND PART OF UNSUBDMDED LOT 12. 0 , J I LOT 47 II 13} DARLINGTON.now ary�ilON�OWNSHIP - --°' -- -- L CS n—, LOT 48 Imo' I MUNICIPALITY OF Y OF OUCTON 1 REGIONAL MUNICIPALITY OF DURHAM LOT 23 i LOT 32 —•---_—_ o ' LOT 49 bg4 , v I ,n I `o I Y� °° I " I N Q1 LOT 22 M I m - _ rX LOT 36 LOT 45 j I w P N� IoIoIslollol JIo � � -�Ir � � - �: ,Pn , j I LOT 21 LOT 35 LOT 44 RED' � vwcr 1 Vol n S a N PIRf6 � •.�. ° , � „ °° ' n ' � I � IIII_ I� IIN II ® COVE ROAD REG. I�LgNII No. i 1Q8 ii REGJ I N P 1 ( s I Is I s s I s s s s s ' s WESTSIDE CREEK I s BRIDGE AND APPROACHES / .(t�•K�;itiy'i::;r{' :��;:::•r:ir:.• I J I t9 uNS ON� 'REGI' J P - � ' BLOCKG. I Pr No Jmbw" '�G" .P. °• �� 01 Nt BROKEN ONTpR10 SCHEDULE 1 11 ROAD MAP yy 97-038 �c«nsu n sir ' SCHEDULE "G" ' COVE ROAD AND WESTSIDE CREEK BRIDGE PLANS AND SPECIFICATIONS The construction and reconstruction includes a bridge spanning Westside Creek including 120 metres of Cedar Crest Beach Road and full length of Cove Road from the bridge to West Beach Road, a length of 325 metres. The bridge shall be of concrete construction with a horizontal span of 32 metres, one traffic lane wide with a sidewalk on the south side. The design characteristics shall conform with current day criteria. Cove Road shall be built with a pavement width of 6.5 metres with adjacent sodded shoulders and swales. The local residents have requested that construction designs be established as necessary to retain the present character of the neighbourhood. r t i t MUNICIPALITY OF parr° to 1 ing n ONTARIO 1 CONSTRUCTION OF BRIDGE SPANNING WEST SIDE CREEK (INCLUDING ROAD APPROACHES) ! AND COVE ROAD (INCLUDING INTERSECTION WITH WEST BEACH ROAD) 1 'BQWMANVILLE' ! ! L_J! �j,BOMYA YIL LIST OF DRAWINGS ? - TITLE SHEET 1. NEW CONSTRUCTION STA 0+580 TO 0+860 2. NEW CON T CONSTRUCTION S A 0+860 TO 1+200 !nom Jr SITE L4W MAW KEY FLAN N.T.S. SEPTEIMIIER 1197 tatten in l ftw mcht" TAX PROJECT & 12'V490 ENGINEERS ARCHITECTS AND PLANNERS ' r -' ---EXISTING STORM SEWER EXISTING SANITARY SEWER ---EXISTING WATERMAIN EXISTING GAS MAIN j. -EXISTING BURIED BELL CABLE EXISTING BURIED CTV CABLE tp� -EXISTING BURIED HYDRO CABLE STA 0+803 11 i00e �`I f •�.? �!� o REMOVE EXISTING TREES NV.75.10(N) N - Y V.75.21(5) ' WEST SIDE MARSH LUT OF CONTRACT__y Nnr N STA 0+550 Z STA 7&45( 10m 560.420 CSPA J INV.INV.75.50 S) TE GUTTER OUTLET STA A 803 Sm CSP O -INV. 5. S; J . yu2 w 6 21 :S I 5-B.G• - 1.5M WALKWAY _�t�- L 1 +. CURB t GU ��(- 0.5m J (OPSO 600.04) • tf'r^ "�it 1 CURB ki ,.sM WALKWAY ' � � ,� o (GPSO 600.04 � oa" 1 ED CEDAR CREST BEACH ROAD COVE ROAD _ - - --- — - -z__. - - _ _ _ _- - - -- - �x i — _ _ _ _— =7. _>� — _ _ - - a-- A"' = Mrl 0x019016 Ma salN710II SNYL TIE CHMM AND '.' �'-'-�_, --�' � III�pMTD To M ERGIFAt LIFfORE cannlcWa WIE Wa1IX. - - -- - = I- == -_ - - _ -- = - = =_-_ - _ _ --_ -- _ - g 78 - - - — - - - - - - - - - _ _- - - - - - - - - 8 77 _ _ __.. ... - -- - _. .. - = - - + - 77 3 ` k =t,7 _-�_. 7 .—�-[---�- — EIIDMEERS ARC7MIECTS AID IIANmm 76 7 _ .___ - !I ___ ..._.,_- _ 7 ruNTCnnuTlr of 74 74 ONTAW --j _-_-y---�-- - - --:__. _.... -_ _.___ _ CONSTRUCTION OF BRIDGE SPANNING _ ._. - .. WEST SIDE CREEK INCL ROAD _t = f APPROACHES AND(COVE ROAD - - -- - -- - - - ' (INCL INTERSECTION MATH B 60 3 >R� 8 �� 8 7t� M 3 7 o 8 w WEST SIDE BEACH ROAD) >� as R as >a >e � � >� � >i � >e ,en �� SEVER aw MANMU B E SEVER ' u Sim NEW CONSTRUCTItNN N N SCR STA 0+580 TO 0+860 MIST ro ems K euD n n T to AXY ND7 Ia +r.a1a n �~GE elln ru Rise eu vm—,r :500 YERT.1:30 LEGEND11 v n1> ,u t z:.1 •�<FA. t�. ,' 1+066 EX1571NC STORM SEWER f - EXISTING SANITARY SEWER / PROP. 13m OF CSP � ^, < ---EXISTING WATERMAIN INV.W. 76.70 .t INV.1-76.52 -- "'-EXISTING GAS MAIN cp ...,1 t Y -_ EXISTING BURIED BELL CABLE - - iv -4�'� t --EXISTING BURIED CTV CABLE tf 2 fR. 1 Fa �t t s 1 I �' �� t� EXISTING BURIED HYDRO CABLE ra <\1 ■E 7 L REMOVE EXISTING TREES to .121 s } Y LMT OF 3 r � 1 NEW CONC.PAD t tri f'S I FOR MAILBOX t _ Sra a�aoo R ��� a -, I "Y lr�"� /Jy� Lim FOR MNL PKK uP`Y ; ,y�♦t` / _ /, i. ST .1}�'MQ..•600 LE •l.4f.�A. - _._-� -/ i1,'/ `a,+IC .i �'t _ �• 1_L_1 _. _ - J_ r Y z --- -- s..-- _ 3.23�---:�=.- � \ _ --- - `"_"_ s•3a" `,�? _ '� r = .r f� a Ot `_ I• 13z t f_ a$ >~ f '..7"`=`. f '�a < �w ' timcsr r • ,tom. S .rte. ''.'°`„ F , =1< ix - I I- < •� j { ;i__.._...._...- ...J OAR. _ PROP.13m 380mm CSP �. y } { L INV.W.75.58 1A INV.E.75.06 - - 3 ' f i;tx ALE C. ZO "• I WHERE ADE GREATER THAN 5% ' t +'� � I i No./20 � `{S 6 f 111 f0S 107 ' �} 2 FA 2 sRloco 7 FR No•T17 1 tR T 1 FR. COVE ROAD VF - - - - . - .� Iq. WE BY •A PfVIBIpNS LL SMEET'�'- }—= — — - _ — y--- _-i— - _ —' } - t - ILL ONDISM NO MORMMM SKILL x O OM AND 84 ---- _ - _ _ _ — = _ - = - - - - _-- ° - — - = -- - _ = - _ VOWILD ON IM 40 AS ANY DOMWIM MUST K -- -- - - - v_ - - - - -- - -- -r__ - -$ - - - -- - -- 8 81 _ ENGINEERS ARCHITECTS AM PLW EM 80 - - - - - r__ _ - - - - —_ = _ /� wom sRlt ON V0.0� ray 79 _ _. ..--- - 9 .--._..t-- r.- . -. ._ ._. .__�,. .__ ._ -• __ t .- _.1 -. _ !- '(�.. ._.. - -- -- 1NINICIPALITY OF - ___ .._._' _ _ �-_r_ � - t # _-Yom+,-t .._ '�_ � 'c �I _a. __. - - - - - - - Sarin ton _ _ . 78 -__ _ _-�_ — ' t I + + t:-- = ��-- __ __ ..- - __: _ _ .._ _ ...E:�{__ _.z ._� .:�.:. 5:: _ - -:_�._. _.._.a.._ ONTAM j __._._y __. _ _. __._ _ _ CONSTRUCTION OF BRIDGE SPANNING - _�.._ - -- t WEST SIDE CREEK (INCL ROAD ,.� -� APPROACHES AND COVE ROAD _« - (INCL INTERSECTION MATH sg qq 2 ; j 3 ^{ «(N a a �y3 r d� a dzn YR / 'M WEST �/SIDE ��BEACH 'ROAD) n �` Fh F� P'. g'a o f O f1�' a �'t`a' i6 Sb S O$ r� F R nIz ROAD BOWMfN\•1� r SEWER SUE o NEW CONSTRUCTION STA 0+860 TO 1+200 NMERT R'�'fO cKaao w ate SEWER La Aar Na7 t ttlro 1s 1z-wno �WNAGEmN� aanlr,7 low tRgRR IW HORZ.1:500 VERT,1:50 2 MUNICIPALITY OF CLARINGTON BOWMANVILLE IABUT. SPAN 00gU -00 000 ' 16000 16000 0 � o O ' I o TO WAVERLY RD. W•P. No. I W.P. No. 2 6000 APPROACH EL. 77.930 T/A EL. 78.250 SLAB (TYP.) rl—T - - - - - - - - - _ CONSTRUCTION (CEDARCREST BEACH RD.) I I 1 TO COVE RD. NORTH CONSTRUCTION SOUTH ° (CEDAR CREST BEACH RD.) go Q � O � 300 500 2500 2500 1500 300 � ° / iid 001E El ' ,y_ I \ 50 250 50 W ' 50 PLAN SCALE 1:200 W. ABUT. ABUT. o Omm R TOPPING 5000 32000 5000 STANDARD MTO PARAPET WALL 140 6-BZQ - 1220 PRESTRESSED VOIDED 140 WITH STEEL RAIL (GALV.) (TYP.) FINISHED BOX BEAMS = 7320 GRADE i ' TYPICAL SECTION W.L. 75.02 / SCALE 1:75 SOFFIT �(AUG. 9, 96) SOFFIT / ' EL. 76.537 – S/B EL. 76.657 APPROX. ' O.G. I a PREAUGERED HOLES I I UI FILLED WITH SAND (TYP.) 111 L ' HP310 x 110 STEEL PILES (TYP.) ELEVATION SCALE 1:200 x ' totten sims hubicki associates M.G.S. CEDARCREST BEACH ROAD BRIDGE x„12 049 G.S. OVER THE WESTSIDE MARSH OUTLET a G. A. MUNICIPALITY OF CLARINGTON ENGINEERS ARCHITECTS AND PLANNERS scmx SK-3 • �. am w AS NOTED 32m SPAN BRIDGE ALTERNATIVE K ' SCHEDULE "H" DESCRIPTION OF PROPOSED CLOSURE AREAS AND RESERVES ABUTTING PORTIONS OF WAVERLY ROAD 1. Proposed Closure Area A and Abutting Reserves All of Parts 1, 3 and 5 on Plan 40R-17774 ' 2. Proposed Closure Area B and Abutting Reserves All of Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 on Plan 40R-17775 3. Proposed Closure Area C and Abutting Reserves All of Parts 2 and 4 on Draft Plan 40R- prepared by Brown & Coggan Ltd., under File No. 1971017 and Part 4 on Plan 40R-17774 4. Proposed Closure Area D ' All of Parts 1 and 3 on Draft Plan 40R- prepared by Brown & Coggan Ltd. under File No. 1971017 5. Temporary Public Highway ' Part 9 on Plan 40R-17774 r SCHEDULE "I" rESTIMATED COSTS OF CONSTRUCTION OF COVE ROAD, WESTSIDE CREEK BRIDGE AND EXTENSIONS OF TEMPORARY PUBLIC HIGHWAY MUNICIPALITY OF CLARINGTON BOWMANVILLE rConstruction of Roads and Bridges Preliminary Cost Estimate Structure Spanning Westside Creek (32m) $500,000.00 rWest Approach Cedar Crest Beach Road (126m) 130,000.00 East Approach Cove Road (550m) 480,000.00 (1) rRoads A & B (Cove Road Northerly) (30m) 40,000.00 Extension of Cedar Crest Road, West of Waverly Road (50m) 5,800.00 (3)(4) rImprovements to Haul Road 8,200.00 (4) Design and Construction Administration for Extension to cedar Crest 2,800.00 r Beach Road and Improvements to Haul Road Signage for Haul Road 3,800.00 r Utility Relocation (Bell) 50,000.00 (2) Utility Relocation (Hydro) 110,000.00 (2) r Illumination 15,000.00 TOTAL (excl. taxes) $1,345,600.00 r1. INCLUDES RECONSTRUCTION OF WEST BEACH ROAD AT COVE ROAD INTERSECTION 2. FIRM SERVICING PROPOSALS AND ASSOCIATED COSTS HAVE NOT BEEN RECEIVED TO DATE FROM r ONTARIO HYDRO,CLARINGTON HYDRO&BELL CANADA. COSTS PROVIDED HEREIN ARE WITHOUT BASIS AND ARE SUBJECT TO ADJUSTMENT. 3. AGGREGATE TO BE SUPPLIED BY ST. MARYS CEMENT CORPORATION. r4. DESIGN AND CONSTRUCTION ADMINISTRATION COSTS NOT INCLUDED. NOTES: r - PROVISION OF MUNICIPAL WATER FOR DOMESTIC AND FIRE SUPPLY TO SERVICE RESIDENTS ON CEDAR CREST BEACH ROAD,COVE ROAD AND ROADS A&B IN THE EVENT OF DISRUPTION OF THE EXITING GROUND WATER SUPPLY WOULD BE SOURCED FROM THE REGION OF DURHAM - r "BOWMANVILLE WATER SUPPLY PLANT"LOCATED ON PORT DARLINGTON ROAD (SEE LOCATION PLOTTED ON THE ATTACHED MAP). COSTS TO PROVIDE THIS SERVICE IS ESTIMATED AT$950,000.00 AND IS ADDITIONAL TO THE TOTAL COSTS SHOWN HEREIN. r - PROPERTY ACQUISITION AND LEGAL SURVEY COSTS ARE NOT INCLUDED - GOODS AND SERVICE TAXES ARE NOT INCLUDED r - DESIGN, TENDERING AND CONSTRUCTION ADMINISTRATION COSTS ARE INCLUDED UNLESS OTHERWISE NOTED ' Totten Sims Hubicki r SCHEDULE "J" SCHEDULE OF CONSTRUCTION OF WESTSIDE CREEK DIVERSION WORKS Westside Creek Diversion Works and Commencement Date No later than 12 months after the date of closing of the Temporary Public Highway as a public highway. t Present anticipated starting date subject to request for amendment to DFO in accordance with ' provisions of paragraphs 7(a)(ii), 7(b) and 7(c) - Winter, 1998. Schedule of Work Primarily in winter and summer months over three years beginning Winter, 1998. Completion Date Anticipated and subject to request for amendment to DFO in accordance with provisions of ' paragraphs 7(a)(ii), 7(b) and 7(c) - Winter 2001. Stabilization Period Two years following primary construction. FA AREA � . r \\�\� , �I\x'00""\�� ONN ill � \\ �����J````°�, • � • � t ISBN, \� \O\ �F:.B � •1'I i1 a a .I I. •a.. a. 1 I a 1 SCHEDULE "K" - 2 - ' EASEMENTS TO BE TRANSFERRED TO CLOCA OR AS OTHERWISE DIRECTED BY THE MUNICIPALITY 1 Easement Area Scope C Access for persons, equipment and vehicles to and from Westside ' Creek Diversion Area B to permit the inspection, repair and maintenance of the Westside Creek Diversion Works as required ' by the Letter of Intent and the Monitoring and Maintenance Agreement if Blue Circle fails to repair and maintain the works on ' Westside Creek Diversion Area B. D1 Access for persons, equipment and vehicles to and from Westside Creek Diversion Areas A and B along the top of the dyke to be constructed on Dyke Area B with the right to undertake ' maintenance and repair operations from Easement Area D; in respect of the Westside Creek Diversion Works, and the right to ' use the gates in the security fence on the dyke in order to maintain or replace vegetation on Easement Area D2. ' D2 Areas to, from and on Easement Area D2 via gates on the security ' fence on Easement Area D2 for the purpose of installing, maintaining and replacing vegetation thereon. 1 SCHEDULE "K" - 3 - Easement Area Scope G Access for persons, equipment and vehicles to and from Overflow Channel Area A to permit the inspection, repair and maintenance of the Overflow Channel Works as required by the Letter of Intent ' and the Monitoring and Maintenance Agreement if Blue Circle fails to repair and maintain the works on Overflow Channel Area ' A. ' H Access to and from Overflow Channel Area A for persons, equipment and vehicles and to undertake inspection, maintenance ' and repair operation, respecting the Overflow Channel Works which are required by the Letter of Intent and the Monitoring and Maintenance Agreement if Blue Circle fails to repair and maintain ' the Works on Overflow Channel Area A. ' NOTE: These easements may be exercised by CLOCA or as otherwise directed by the ' Municipality, and its respective employees, contractors and consultants. 1 S SCHEDULE "K" - 4 - ' EASEMENTS RESERVED BY BLUE CIRCLE Easement Area Scone B Access to and from Westside Creek Diversion Area B by persons, ' equipment and vehicles for the purpose of maintaining and repairing the Westside Creek Diversion Works on Westside Creek ' Diversion Area B as required by the Letter of Intent and the Maintenance and Monitoring Agreement. D3 A perpetual easement of support of Dyke Area B, including the dyke to be constructed thereon. E A Temporary Easement in the Reconfigured Westside Marsh to ' permit the construction and installation of the Westside Creek Diversion Works and the monitoring and maintenance of the same ' in accordance with the Letter of Intent and the Monitoring and Maintenance Agreement which easement shall terminate on the ' expiry of the later of the periods of monitoring and maintenance provided in the Letter of Intent and the Monitoring and ' Maintenance Agreement respectively. ' F Access to and from Overflow Channel Area B for persons, equipment and vehicles for the purpose of inspecting, maintaining ' and repairing the Overflow Channel Works as required by the Letter of Intent and the Monitoring and Maintenance Agreement. NOTE: These easements may be exercised by Blue Circle, its employees, contractors, ' consultants and agents. SCHEDULE 'L" MODIFICATION TO THE ' DURHAM REGIONAL OFFICIAL PLAN Deferral #1 PURPOSE: At the request of the Municipality of Clarington and Blue Circle Canada Inc. (formerly St. Marys Cement Corporation), the Waterfront ' Regeneration Trust undertook a process to resolve the issues related to the preservation of Westside Marsh, compatibility with existing residential uses and the continued economic viability and development of the Blue Circle operations. In November 1995, the Trust released a report which recommended a multi-faceted solution to these issues. The key recommendations of the Report would involve St. Marys ' conveying to the community, a significant portion of the Westside Marsh, as well as other nearby lands. In turn, the Municipality would convey a portion of the Waverly Road road allowance to St. Marys for ' quarrying purposes. The relocation of Westside Creek, which feeds into the Marsh, would also be required. ' The purpose of this modification is to incorporate policies and land use designations into the Durham Regional Official Plan which reflect ' the key recommendations of the Waterfront Regeneration Trust Report and the settlement between the Municipality of Clarington and Blue Circle Canada Inc. ACTUAL MODIFICATION: The Durham Regional Official Plan is hereby modified by: 1. In Section 18.2.2 by changing all references from "St. Marys Cement" to "Blue Circle Canada Inc.". 2. In subsection b) of 18.2.2 by deleting the words "In the course of preparing a waterfront plan," ' 3. In subsection c) of 18.2.2 by deleting the words "In the course of preparing a waterfront plan," ' 4. In subsection (d) of 18.2.2 by deleting the words "Mineral Aggregate Resource Policy Statement(MARPS)"to"Provincial Policy Statement". SCHEDULE "L" - 2 - 5. By adding a new subsection (e) as follows: ' "e) Westside Marsh is recognized as a provincially significant wetland and is subject to an aggregate ' extraction Licence issued under the Aggregate Resources Act. The Region recognizes and supports the agreement between the Municipality of Clarington and Blue Circle which allows for the reduction of the total licensed area, the closing of a portion of Waverly Road, the retention of a portion of the Marsh and the conveyance of ' approximately 40 ha of lands into public ownership for management as part of a wetland complex. 6. By amending Schedule 4 for Aggregate Resource Extraction Area 97 by reducing the area from "252" to 11227". i SCHEDULE "A" TO DURHAM REGIONAL OFFICIAL PLAN MODIFICATION CHANGE FROM .-+.°r•-a tai�� ��"^§�� ` ' � 1�..+5 4�, iii r'" �� 5�;�- g � �� ��i�•Y i4 a kt } POLICY .O BOUNDARY REVISE "SPECIAL SCHEDULE "M" MODIFICATION NO. 170 TO THE CLARINGTON OFFICIAL PLAN ' Deferrals 10,11 and 24 St. Marys Cement and Cove Residential Area PURPOSE: Section 16.5 (Special Policy Area C - St. Marys Cement Corporation) sets out policies related to the quarrying and cement manufacturing facility now owned by Blue Circle Canada Inc. Section 16.5 has been deferred at the request of Blue Circle Canada Inc. (Deferral No. 10). Section 17.3 (Special Study Area No. 2 - Westside Marsh/Cove ' Residential Area)includes the Westside Marsh and various residential lands in the adjacent Cove residential community. The preservation of the Marsh and the issue of compatibility between existing residential ' uses, quarrying activities and other potential industrial uses are to be addressed prior to the approval of land use designations for the lands in Special Study Area No. 2. Section 17.3 has been deferred by the Region at the request of Blue Circle Canada Inc. (Deferral No. 11). In addition, those portions of Map A3 (Land Use - Bowmanville Urban Area) covered by Special Policy Area C and Special Study Area No. 2, as well as a portion of Waverly Road south of the Ontario Hydro corridor are also deferred at the request of Blue Circle Canada Inc. and the Port Darlington Community Association (Deferral No. 24). At the request of the Municipality and Blue Circle Canada Inc., the Waterfront Regeneration Trust undertook a process to resolve the issues related to the preservation of Westside Marsh, compatibility with existing residential uses and the continued economic viability and development of the Blue Circle operations. In November 1995, the Trust released a report which recommended a multi-faceted solution to these issues. The key recommendations of the Report would involve Blue Circle conveying to the community, a significant portion of the Westside Marsh, as well as other nearby lands. In turn, the Municipality would convey a portion of the Waverly Road road allowance to Blue Circle for quarrying purposes. The purpose of this modification is to incorporate policies and land use designations into the Clarington Official Plan which reflect the key recommendations of the Waterfront Regeneration Trust Report and the agreement between the Municipality and Blue Circle Canada Inc. SCHEDULE "M" - 2 , ACTUAL ' MODIFICATION: The Clarington Official Plan is hereby modified by: 1. By replacing all references to "St. Marys Cement Corporation" ' with 'Blue Circle Canada Inc." 2. By deleting Section 16.5.1 and replacing it with the following: ' "16.5.1 This area primarily recognizes the licensed extraction area and the cement manufacturing ' facility of Blue Circle Canada Inc. and the Westside Marsh. The permitted uses are as follows: ' a) on the lands designated General Industrial, the commercial dock facility existing on October 1, 1997 and a cement manufacturing facility; ' b) on the lands designated Aggregate Extraction Area and subject to the provisions of Section 16.5.2., aggregate ' extraction activities and ancillary uses such as a professional office building, a ' concrete batching plant, a truck terminal, and aggregate processing including the stockpiling of raw and processed ' materials; c) on the lands designated Environmental Protection Area, no development except for protection, conservation and enhancement of ecological systems, ' passive recreation, and uses related to erosion control and storm water management; and d) on the lands designated Waterfront Greenway, the uses identified in Section 14.7." ' 3. Add a new Section 16.5.2 and 16.5.3 as follows and renumbering the remaining sections in Section 16.5: SCHEDULE "M" " 3 " "16.5.2 Aggregate extraction activities and ancillary uses are subject to the following: a) an aggregate processing plant, concrete batching plant, and truck terminal shall: i) not be located within 700 metres of any residential property located ' south of Highway 401; and ii) not be located within 150 metres of the water's edge of Lake Ontario. b) within 700 metres of any residential property, aggregate processing is permitted provided that any crusher is located 10.7 metres below natural grade ; ' and ' c) for the purposes of Section 16.5.2, natural grade means the grades depicted by the contours shown on a drawing entitled ' "Existing Features" prepared by MacNaughton Hermsen Britton Clarkson Planning Limited for the Bowmanville Quarry(Job No. "8816'B' St.Mary's Bowm ' Durh")dated for submission in accordance with the Aggregate Resources Act on ' Nov. 9, 1990 provided that in no case shall natural grade include stockpiled material, excavated areas or be deemed to exceed ' 86 metres above sea level or be deemed to be less than 75.4 metres above sea level. ' 16.5.3 A portion of Special Policy Area C includes lands which will accommodate the planned diversion of ' Westside Creek, the retention of. a significant portion of the Westside Marsh existing on October 1, 1997, and a habitat linkage area between the Westside Marsh and the Bowmanville Marsh wetlands. These lands shall be managed by an appropriate public authority in ' conjunction with other public lands so as to conserve and enhance wildlife habitat on-site or t SCHEDULE "M" - 4 , 1 nearby with the objective of achieving no net loss in biodiversity and function." 1 5. By deleting the existing Section 16.5.4 (to be renumbered 16.5.6) and replacing it with the following: 1 "16.5.6 Any rehabilitation plan or amendment to a rehabilitation plan for the aggregate extraction 1 area shall address, among other matters, the following: 1 a) the relationship of the lands to be rehabilitated to the Westside Marsh and related lands referred to in Section 16.5.3.; 1 b the land uses permitted within Special Policy Area C; 1 c the rovisions of this Plan dealing with P g Bowmanville's urban waterfront; and d the P rovision of attractive connected and accessible public spaces appropriately located. ' Before submission of a rehabilitation plan or an amended rehabilitation plan to the Province for approval, the owner shall meet with the ' Municipality and Conservation Authority to obtain their input and comments on the matters referred to in this section. The owner shall 1 objectively consider but not necessarily follow such comments in finalizing a rehabilitation plan or amended rehabilitation plan." 1 6. By adding the following new section: ' "16.11 SPECIAL POLICY AREA I - COVE RESIDENTIAL AREA 1 16.11.1 Special Policy Area I recognizes the historic residential community known as the Cove. Existing residential dwellings and limited infilling 1 is permitted on private sewer or water services. i 1 1 t SCHEDULE "M" - 5 - 16.11.2 The creation of new lots shall meet the ' requirements of Sections 12.3.5 and 23.7 of this Plan. ' 7. By deleting Section 17.3 and its corresponding subsections in their entirety. ' 8. By modifying Map A3 as indicated by Exhibit 1 to this modification. ' Exhibit 1 attached hereto shall form part of this modification. Poucy AREA E ® M ® ® ® f i Af � REDESIGNATE N. RQM MODIFY OUNDARY OF �. "SPECIAL STUD AREA 2" TO "SPECIAL POLICY AREA C "AGGREGATE E RACTIQN AREA" ° RE SIGNATE FROM "SP IAL STiJDY AREA Z" � "WA RFRONT GREENWAY" � TO TERFRONT GREENWAY" fb "AGG EGATE EXTRACTION AREA" x f Y t L; v r >• DELETE BaUNDARY OF _ pi i• :r, a Yf SY,,..,...s... �fi.t t't�.r•.tm3l - ,: " n � t': r 3.,,� �,`,.ryy..•.j:; ST AREA ?» TO ;:.� •, t•+�,•'s�<`�' x;,=-i.;��:�`�� • `�� � ENl`AL f'RQTEGT1t�N" Af�EA. .V Y..:1}Z ii.��:9::y .<'.x'a'+„'J�C'�j r•'.'d�t:r ti. t �• A- r.T:' '.�-• ,ice y SPECIAL'k�;�:w!�.►:t,F;•.:�,7.r. _ "� :•Y 4aY'...•°1POLICY '''=''...�.'' 'V'"~'S' £�P1'�•�nY� " PRESTIGE ADD SPECIALr EMPLOYMENT AREA POLICY AREA I" R:r f „„srt,�,��•I LIGHT URBAN BOUNDARY PUBLIC ''y;.f,t ,, * � :;-�;r�.;4�•"-' ''rw"�•�.;:n-!'a:+.r i t .� INDUSTRIAL AREA SECONDARY SCHOOL ';.r'... ;,.. _. r+ ;r .;'%"...�:�.':�. " •.�-,�.„ ? = GENERAL SEPARATE --�:;=+ `, �r. ,« �• REDESIGNATE FROM L� 'WATERFRONT GREENWAY” TO INDUSTRIAL AREA I/ SECONDARY SCHOOL ENVIRONMENTAL PROTECTION AREA UTILITY PRIVATE LJ SECONDARY SCHOOL ♦ i� IlY ENVIRONMENTAL PUBLIC REDESIGNATE FROM PROTECTION AREA ELEMENTARY SCHOOL IREDESIGNATE FROM "AGGREGATE EXTRACTION AREA" TO "GENERAL INDUSTRIAL AREA" "ENVIRONMENTAL PROTECTION AREA" GREEN SPACE (tj SEPARATE SCHOOL TO "WATERFRONT GREENWAY"` i PRIVATE MAP Q� ® MAIN CENTRAL AREA WATERFRONT GREENWAY [j ELEMENTARY SCHOOL LANDS TO LOCAL CENTRAL AREA COMMUNITY PARK SECONDARY I L ��D USE ® REMAIN PLANNING AREA BOWMAHYLUE URBAN AREA NEIGHBOURHOOD DEFERRED COMMERCIAL DISTRICT PARK ------ SPECIAL POLICY AREA OFFICIAL PLAN :' HIGHWAY COMMERCIAL ® NEIGHBOURHOOD PARK •��������� SPECIAL STUDY AREA MUNICIPALITY OF CLARINGTON r �.r�: APRIL 15, 1997 - AGGREGATE TOURISM NODE GO STATION w EXTRACTION AREA Iw SCHEDULE "M" - 7 " NOTE: It is acknowledged that the above wording respecting recognition of the ' existing commercial dock facility is without prejudice to the rights or entitlement of Blue Circle Canada Inc. or its successors under all applicable legislation to expand or to add to such commercial dock facility and the rights and powers of the Municipality of Clarington in respect of any such expansion or addition to the commercial dock facility. SCHEDULE "N" ' THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- ' being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle. WHEREAS at a meeting on November 3, 1997 Council considered a multi-faceted report dealing with the Westside Marsh, Blue Circle operations and the closure of a portion of ' Waverly Road; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems ' it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle, to implement the approved Clarington Official Plan and the agreement with Blue Circle Canada Inc; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: ' 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone category from: ' "Agricultural (A) Zone" to "Environmental Protection (EP) Zone" "Extractive Industrial Exception (M3-1) Zone" to "Environmental Protection (EP) Zone". 2. Schedule "A" attached hereto shall form part of this By-law. ' 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of the Planning Act. SCHEDULE "N' - 2 , ' BY-LAW read a first time this day of 1998 BY-LAW read a second time this day of 1998 ' BY-LAW read a third time and finally passed this day of 1998 Mayor Clerk r This is Schedule "A" to By—law 97— , passed this day of 1997 A.D. 1 LOT 14 LOT 13 LOT 12 LOT 11 LOT 10 BASELI E ROAD WEST Z W M J 0 (n 401 U) HIGHWAY LA R V ' 0 U ROq Z o 0 oQ U_ o W Cr 0 0 ' O m II ' WATSo :AKE ONrAP,10 Z ZONING CHANGE FROM A TO EP ' ® ZONING CHANGE FROM "M3-1" TO "EP" Mayor BOWMANVI LLE Clerk SCHEDULE "O" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' BY-LAW NUMBER 98- ' being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle. WHEREAS at a meeting on November 3, 1997 Council considered a multi-faceted report dealing with the Westside Marsh, Blue Circle operations and the closure of a portion of Waverly Road; ' AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle, to implement the agreement with Blue Circle Canada Inc; ' NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone category from: ' "Extractive Industrial Exception (M3-1) Zone" to "Environmental Protection (EP) Zone". 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning'Act. SCHEDULE "O" - 2 - BY-LAW read a first time this day of 1998 BY-LAW read a second time this day of 1998 BY-LAW read a third time and finally passed this day of 1998 Mayor Clerk r This is Schedule "A" to By—law 97— , passed this day of 1997 A.D. 1 LOT 14 LOT 13 LOT 12 LOT 11 LOT 10 i ji I I I E�HWI BASED E ROAD WEST m Z t 0 401 V HIGHWAY (n RO W t Qc o Z d 0 � � U z Z ��\ z 0 LL. \ • \ \�\\�\� W \\. \\. \\• \ \ ' a 0 Of I \ ' \ m \ ' LAKE ONTARIO �O 1 ZONING CHANGE FROM "M3-1 TO "EP" 1 N Mayor BOWMANVILLE Clerk SCHEDULE "P" ' PERMITTED ENCUMBRANCES AFFECTING THE BLUE CIRCLE LANDS (Instrument numbers appearing in square brackets denote registrations in the Registry Office and those appearing in round brackets denote registrations in the Land Titles Office. Blue Circle Canada Inc. is defined as the "Company") As to all the Lands ' 1. any reservations, exceptions, limitations, provisos and conditions expressed in the original grants from the Crown, as the same may be varied by statue. ' 2. Unregistered Hydro Easements. By letter dated March 20, 1997, Ontario Hydro advised that it claims the following unregistered rights in the Lands pursuant to Section 42 of the Power Corporation Act, R.S.O. 1980, Chapter 384, as amended: a Lot 14, Broken Front Concession, in the Township of Darlington, for 3 poles, 1 anchor and a 16.5 foot right of way granted by the Estate of John Edwin Allin on February 12, 1951 (P28558); (b) Lot 14, Broken Front Concession, Township of Darlington, for 1 pole, occupation rights, a right 10 foot wide to cut and a further right of way, also 10 foot wide granted by Norman Brown on January 6, 1949 (P71814); i (c) Lot 16, Broken Front Concession, Township of Darlington, for 2 poles, 1 anchor and occupation rights granted by Garnet L. Symons on October 19, ' 1949 (P7209); (d) Lot 14, Broken Front Concession, Township of Darlington, for 6 poles, 2 anchors, occupation rights, a 10 foot right-of-way and a 60 foot separation allowance granted by St. Marys Cement Co. Ltd. on April 14, 1969 (P283637); (e) Lot 14, Broken Front Concession, Township of Darlington, for 1 anchor granted by St. Marys Cement Corporation on August 2, 1989 (P453511). ' 3. Any prescriptive rights acquired by any landowners. As to all Lands except those fourthly described in Schedule "A" 4. Instrument No. [154028] (NL21965) registered August 31, 1989, being a Development Agreement dated July 11, 1989 between the Company and The ' Corporation of the Town of Newcastle ("Newcastle"). 5. Instrument No. [161184] (NL28000) registered August 1, 1990, being a First Amending Agreement dated May 23, 1990 between the Company and Newcastle. SCHEDULE "P" - 2 - 6. Instrument No. [161803] (NL28656) registered September 12, 1990, being a Construction Agreement dated June 4, 1990 between the Company and the Central ' Lake Ontario Conservation Authority. 7. Instrument No. [162555] (NL29408) registered October 30, 1990, being a Second Amending Agreement dated october 15, 1990 with respect to item 3 above, between the Company and Newcastle. ' 8. Instrument No. [D377830] registered December 19, 1991, being a Certificate of Action by Cooper's Crane Rental Limited. {The same Certificate of Action in the ' Land Titles Office was vacated and ruled off, as was the Construction Lien in both systems pursuant to an order vacating the same which was obtained March 21, 1994 and registered in the, Land Titles Office on March 25, 1994 as Instrument No. ' [D429562]1. 9. Instrument No. [D453808] (LT723156) registered June 27, 1995, being a First Amendment Agreement to the First Amending Agreement, being item 4 above, dated May 22, 1996 between the Company and The Corporation of the Municipality of Clarington ("Clarington"). ' 10. Instrument No. [D485447] (LT786506) registered January 10, 1997, being a Second Amendment Agreement to the First Amending Agreement, being item 4 above, dated December 20, 1996 between the Company and Clarington. 11. Instrument No. [D501285] (LT823080) registered September 15, 1997 in Registry ' Division and September 19, 1997 in Land Titles Division being an Amending Agreement dated August 13, 1997 with respect to item 4 above between the Company and Clarington. ' As to all Lands except those fourthly escribed in Schedule "A" Y 12. Any rights of the public to pass and repass over the unopened portion of Darlington Street as shown on Plan H-50078, as set out in Instrument Numbers [11682] and [N30724]. As to those parts of Lands described secondly in Schedule "A" ' 13. Subject to certain existing rights of way which may have been acquired by prescription along the beach at the southerly limit of part of the Blue Circle Lands, ' as set out in the executors deed dated November 5, 1952 in favour of Alfred Hislop Allin registered on November 21, 1952 as Instrument No. [21101] and in a deed dated August 1, 1943 and registered on August 16, 1945 from the Trustees of Walmer Road Baptist Church to Carl Christian as Instrument No. [17811] and in a deed dated July 29, 1966 from Tom Popofsky, Vladimir Boujos and Nick Mousmanis to St. Marys Cement Co. Limited and registered on August 25, 1966 as Instrument ' No. [N30633]. SCHEDULE "P" - 3 - 14. Instrument No. [98766] registered May 14, 1980, being a Development Agreement made between the Company and Newcastle. 15. As to Closure Areas A, B, C and D, Reservation of temporary easements for services ' provided by Ontario Hydro, Clarington Hydro, Bell Canada and Rogers Cable Television. I THESE PRINCIPLES OF UNDERSTANDING dated this 3rd day of November, 1997. BETWEEN: THE CORPORATION OF THE ' MUNICIPALITY OF CLARINGTON ("Municipality") ' OF THE FIRST PART and - BLUE CIRCLE CANADA INC. 1 ("Blue Circle") OF THE SECOND PART PRINCIPLES OF UNDERSTANDING ' WHEREAS: ' A. Blue Circle is the owner in fee simple in possession of certain portions of Lot 11, Broken Front Concession, former Town of Bowmanville and of Lots 12, 13, 14, 15, 16 and 17, Broken Front Concession, former Township of Darlington now in the Municipality of Clarington and certain portions of the original road allowances between Lots 11 and 12, Lots 12 and 13, Lots 14 and 15, and Lots 16 and 17. Blue Circle also is the owner in fee simple in possession of a water lot comprising Part 1 on plan of survey of record IOR-2426 on a portion of which is constructed a dock. The lands owned by Blue Circle collectively are referred to hereafter as the ' "Blue Circle Lands" and are shown on the Plan contained in Schedule "A" hereto. B. The Westside Marsh is located on the portions of the Blue Circle Lands which comprise parts of Lots 12 and 13, Broken Front Concession, former Township of Darlington now in the Municipality of Carington; C. Presently, Blue Circle holds a licence to extract aggregate from the Westside Marsh ' under the Aggregate Resources Act; ' D. The Waterfront Regeneration Trust ("Trust") issued its Westside Marsh Report and Recommendations in November, 1995. This Report followed the submission by the Honourable David Crombie of the Interim Report on the Royal Commission on the Future of the Toronto Waterfront in 1990. The 1995 Report was prepared with the encouragement of the Municipality, ' the Community and Blue Circle's predecessor St. Marys Cement Corporation; ' E. Westside Marsh was identified by the Trust as the only Provincially significant Class II Wetland on the Durham shore of Lake Ontario. The Trust noted that it is valued highly by ' regional and local naturalists and by residents on the Municipality's waterfront. However, the limestone beneath the Westside Marsh is licensed for extraction and subject to protection under ! Provincial policy; F. In preparing its Report of November, 1995, the Trust organized a number of meetings ' between two groups of stakeholders to consider habitat issues and other community concerns related to St. Marys proposed developments in the Westside Marsh. While these meetings were ongoing, additional studies were conducted and the Trust met with relevant agencies and individuals to obtain additional expert information. The plan contained in the Trust Report ' stated the following objectives: • protect most of the Marsh and create a new habitat for fish, birds, plants and animals in order to achieve no net loss, overall, ' create 120 acres of parkland to protect the community, ' -3- • close approximately four (4) acres of Waverly Road which would be transferred to St. Marys Cement and provide access to Cedar Crest Beach by a bridge and road connection to West Beach Road, • relocate a portion of Westside Creek, east and then south, into the portion of Westside Marsh which will be retained; r G. A Letter of Intent to Implement Fish Habitat, Mitigation and Compensation Measures ' dated August 27, 1997 ("Letter of Intent") has been executed by Blue Circle and the Central Lake Ontario Conservation Authority ("CLOCA"). A copy of the Letter of Intent is contained ' in Schedule "B" hereto. It is anticipated by the Parties that it will be executed in the near future by the other parties to it, being the Ontario Ministry of Natural Resources and the Fisheries and ' Habitat Management -Ontario Area of the Department of Fisheries and Oceans Canada and that an extension to the dates in it will be required; 1 H. Blue Circle and CLOCA intend to enter into a monitoring and maintenance agreement respecting certain lands and facilities, hereafter referred to ("Maintenance and Monitoring ' Agreement"); I. The Municipality intends to enter into a Management Agreement with CLOCA respecting the planning and management of the Westside Creek Diversion located on Westside Creek ' Diversion Areas A and B, the Overflow Channel located on Overflow Channel Areas B and C, the Reconfigured Westside Marsh, the Marsh Link Area, the Bowmanville Marsh and the ' Bowmanville Valley Lands ("Management Agreement"); ' J. The Letter of Intent and the Maintenance and Monitoring Agreement will implement to the extent reasonably possible, fish habitat, mitigation and compensation measures which are ' intended to ensure that the reconfiguration of the Westside Marsh into the smaller "Reconfigured Westside Marsh" (as hereafter defined) and the diversion of the Westside Creek to flow into the Reconfigured Westside Marsh will not result in a net loss overall in fish habitat. Similarly, the implementation of the Management Agreement is intended to ensure to the extent reasonably ' -4- possible, that there will be no net loss overall in wildlife habitat and vegetation through measures ' that will be designed to appropriately replace the ecological functions of the present Westside Marsh with appropriate ecological functions for the Reconfigured Westside Marsh, and the ' "Marsh Link Area", the "Bowmanville Marsh" and the "Bowmanville Valley Lands" (all as hereafter defined) and adjacent wetlands with which the Reconfigured Westside Marsh will inter- ' act. ' K. Ontario Hydro is the owner in fee simple in possession of those lands which comprise certain portions of Lots 11, 12, 13, 14 and 15, Broken Front Concession, former Township of ' Darlington, now in the Municipality of Clarington. They are referred to in these Principles as the "Ontario Hydro Lands" and are shown on the Plan contained in Schedule "A" hereto; L. Blue Circle intends to acquire perpetual easements from Ontario Hydro on the portions of the Ontario Hydro Lands which are identified on the Plan contained in Schedule "A" hereto and which are referred to in these Principles as the "Westside Creek Diversion Area A". Blue Circle will transfer these easements to CLOCA forthwith after the completion of construction of the "Westside Creek Diversion Works" (as hereafter defined); ' M. "Westside Creek Diversion Area B" referred to in these Principles comprises those portions of the Blue Circle Lands which are identified on the Plan contained in Schedule "A" ' hereto. Title in fee simple in possession to the Westside Creek Diversion Area B will be retained by Blue Circle; ' N. "Overflow Channel Area A" and "Overflow Channel Area B" referred to in these ' Principles comprise those portions of the Blue Circle Lands which are identified as such on the Plan contained in Schedule "A" hereto. "Overflow Channel Area C" referred to in these Principles presently comprises a portion of the Waverly Road Allowance identified on the aforesaid Plan. Blue Circle will retain title in fee simple in possession in Overflow Channel ' Area A and will transfer Overflow Channel Area B to CLOCA or as otherwise directed by the Municipality. t O. The "Future Quarry Area" referred to in these Principles comprises the portion of the ' Blue Circle Lands which is identified as such on the Plan contained in Schedule "A" hereto. Blue Circle will retain title in fee simple in possession in the Future Quarry Area; P. The "Reconfigured Westside Marsh" referred to in these Principles comprises the portion ' of the Blue Circle Lands which are identified as such on the Plan contained in Schedule "A" hereto. Blue Circle will transfer title in fee simple in possession in the Reconfigured Westside ' Marsh to CLOCA or as otherwise directed by the Municipality; Q. The "Marsh Link Area", "Bowmanville Marsh" and "Bowmanville Valley Lands" referred to in these Principles comprise those portions of the Blue Circle Lands which are identified as such on the Plan contained in Schedule "A" hereto. Blue Circle will transfer title in possession in the Marsh Link Area, the Bowmanville Marsh, and the Bowmanville Valley ' Lands to CLOCA or as otherwise directed by the Municipality, subject to the Municipality's option to purchase them for a nominal consideration if CLOCA is dissolved or if its composition and powers are materially altered from those in place on the date of these Principles ("Option ' to Purchase"); R. Blue Circle will construct and install at its cost certain works and vegetation for the Westside Creek Diversion on Westside Creek Diversion Areas A and B ("Westside Creek ' Diversion Works") in accordance with the plans, drawings, specifications and schedule of construction and installation contained in Schedule "D" hereto ("Westside Creek Diversion ' Works Plan"), the Letter of Intent, and the Monitoring and Maintenance Agreement. Blue Circle will maintain the Westside Creek Diversion Works as provided in the Letter of Intent and ' the Monitoring and Maintenance Agreement; ' S. Blue Circle will construct and install at its cost the Overflow Channel on Overflow Channel Areas A, B and C in accordance with plans, drawings, specifications and schedule of ' construction and installation contained in Schedule "E" hereto ("Overflow Channel Works Y Plan"). Blue Circle will maintain the Overflow Channel Works as provided in the Letter of ' Intent and the Monitoring and Maintenance Agreement; ' T. Blue Circle will construct a bridge or culvert of appropriate dimensions and load carrying capacity over or through the portion of Overflow Channel Area A to provide emergency access ' by emergency vehicles including fire-fighting vehicles to the homes located on the lands within registered plans of subdivision 318 and 659 via the Blue Circle Lands to Highway No. 401 as provided in these Principles; ' U. Without fettering Council in the exercise of its legislative discretion in order to establish the Reconfigured Westside Marsh, the Marsh Link Area, the Bowmanville Marsh and the Bowmanville Valley Lands in accordance with the intent of these Principles, the Parties intend that a portion of Waverly Road should be closed and conveyed to Blue Circle as the owner in fee simple of the abutting lands. Without fettering Council in the exercise of its legislative discretion, the Parties intend that in the interim, the Municipality will lease a portion of a existing private road located on the Blue Circle Land together with certain extensions thereof. The roads referred to in these Principles are shown on the Road Map contained in Schedule "F" hereto; V. "Cove Road" identified on the Road Map contained in Schedule "F" hereto presently is ' a private road extending from West Beach Road and terminating easterly of the Westside Creek. The Municipality intends to seek to acquire Cove Road from the persons who have interests in ' it and the necessary right-of-way for a single span bridge, over the Westside Creek ("Westside Creek Bridge") and approaches which also are identified on the Road Map. Without fettering the Municipality's Council in the exercise of its legislative discretion if Cove Road and the right- of-way for the proposed Westside Creek Bridge and approaches are acquired by the ' Municipality, the Municipality intends to reconstruct Cove Road and to construct Westside Creek Bridge and dedicate the same as a public highway. This will provide a public highway ' connection from Cedar Crest Beach Road to West Beach Road via Cove Road and the Westside Creek Bridge. Y The construction and reconstruction is intended to be undertaken in accordance with the plans and drawings contained in Schedule "G" hereto ("Cove Road and Westside Creek Bridge Plans and Specifications"). NOW THEREFORE WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: 1. Principles are Conditional These Principles are conditional on, (i) all necessary approvals of the undertakings referred to in these Principles being granted pursuant to the Environmental Assessment Act and applicable legislation of the Province of Ontario; and (ii) all necessary approvals being obtained under applicable legislation of Canada. 2. Schedules These Principles contain the following Schedules: ' Schedule "A" - "Plan Showing Areas and Description of Blue Circle Lands" Schedule "B" - "Letter of Intent" Schedule "C" - "Statement of Purposes" Schedule "D" - "Westside Creek Diversion Works Plan" ' Schedule "E" - "Overflow Channel Works Plan" ' Schedule "F" - "Road Map" r S ^X^ Schedule "G" _ "Cove Road and Westside Creek Bridge Plans and Specifications" Schedule "H" - "Description of Reserves Abutting Portions of Waverly Road Schedule "I" - "Estimated Costs of Construction of Cove Road, ' Westside Creek Bridge and Extensions of Temporary Public Highway" ' Schedule "J" - "Schedule of Construction of Westside Creek Diversion Works" ' Schedule "K" - "Plan Showing Easement Areas and Description of Transferee and Scope" ' Schedule "L" - "Modification of Region of Durham Official Plan" Schedule "M" - "Modifications of Clarington Official Plan" ' Schedule "N" - "Zoning Amendment 1" Schedule "O" - "Zoning Amendment 2" ' Schedule "P" - "Permitted Encumbrances" ' 3. Waverly Road ' (a) Blue Circle has applied to the Municipality of Clarington for the enactment of the necessary by-laws to close and authorize the conveyance to Blue Circle of the ' portion of Waverly Road identified on the Road Map contained in Schedule "F" hereto as Proposed Closure Area A together with the abutting reserves set out ' in Schedule "H" hereto. Blue Circle at its expense will cause to be prepared and deposited on title in the Land Registry Office, a Reference Plan identifying ' Proposed Closure Area A, "Proposed Closure Area B", "Proposed Closure Area C" and "Proposed Closure Area D" (each term as hereafter defined) as separate ' Parts. The Parties will act expeditiously so that, if possible, since the hearing of persons interested in the proposed by-law respecting Proposed Closure Area A I f and the abutting reserves set out in Schedule "H" hereto has been held by Council ' September 29, 1997, Council will be in a position to make a decision on Blue Circle's application as soon as is reasonably practicable to do so. (b) Without fettering Council in the exercise of its legislative discretion, the Parties ' express their present intention that as soon as is reasonably practicable after the enactment of the dedication by-law referred to in Paragraph 6 hereof respecting t "Cove Road and the Westside Creek Bridge" (as hereafter defined), Council will consider whether to close and authorize the conveyance to Blue Circle of ' "Proposed Closure Area B" shown on the Road Map contained in Schedule "F" hereto together with the abutting reserves set out in Schedule "H" hereto provided ' that either the Municipality is satisfied that a cul de sac to the Municipality's rural standards will be available for turning vehicles and is secured by a perpetual ' easement transferred to the Municipality by Ontario Hydro at no cost to the Municipality or the Municipality retains title to the land required from the northerly portion of Proposed Closure Area B as a turning circle for vehicles traversing Waverly Road. ' (c) Without fettering Council in the exercise of its legislative discretion, the Parties express their present intention that the consideration to be paid by Blue Circle to ' the Municipality for the conveyance to Blue Circle of Proposed Closure Areas A and B and the abutting reserves set out in Schedule "H" hereto, and by Blue 1 Circle, as its contribution to the "Cove Road and the Westside Creek Bridge Works" (as hereafter defined) will be: ' (i) the payment a to the Municipality of the sum of $707,800.00 which shall P tY ' include $337,250.00 as the consideration for the transfer to Blue Circle of Proposed Closure Area A, Proposed Closure Area B and the reserves ' abutting them with the value of$337,250.00 being allocated to Proposed Closure Area A, Proposed Closure Area B and the reserves abutting them -10- on a proportionate basis calculated on the areas of Proposed Closure Area ' A, Proposed Closure Area B and the reserves abutting them; (ii) the payment to CLOCA of at least the sum of $70,000.00 or to the "CLOCA. Foundation" (as hereinafter defined) of at least the sum of r $94,500.00 or of at least the sum of$70,000.00 to the Municipality or as directed by the Municipality in accordance with paragraph 12; (iii) the transfer to the Municipality of Parts 9 and 13 on draft plan of survey prepared by Brown and Coggan under File No. 1970710; (iv) the transfer of the Marsh Link Area, the Bowmanville Marsh and the Bowmanville Valley Lands to CLOCA or as otherwise directed by the ' Municipality in accordance with paragraph 8 (a) (ii); (v) the delivery of transfers to CLOCA in escrow of the Reconfigured Westside Marsh, with the exception of Part 9 on draft plan of survey prepared by Brown and Coggan under File No. 1970710 as provided in ' paragraph 8(a)(iv) of these Principles; and ' (vi) the entering into by Blue Circle of the other agreements set out in these Principles, all in accordance with the provisions of these Principles. d Without fettering Council in the exercise of its legislative discretion, the Parties ( ) g express their present intention that on the application of Blue Circle, Council will consider a by-law to close the portions of Waverly Road identified on the Road Map contained in Schedule "F" hereto as "Proposed Closure Area C" and the abutting reserves set out in Schedule H, hereto and Proposed Closure Area D and the abutting reserves set out in Schedule "H" hereto and will consider a by- law to authorize the conveyance of Proposed Closure Area C to Blue Circle. The I 1 1 ' -11- Parties acknowledge that the lands comprising Proposed Closure Area C and abutting reserves are intended by Blue Circle to be part of a buffer zone for the quarry on the Blue Circle Lands. Without fettering Council in the exercise of its legislative discretion, the present intention of the Parties is that Council will consider this intended use of Proposed Closure Area C and abutting reserves in ' determining the consideration to be paid by Blue Circle in exchange for their conveyance to Blue Circle by the Municipality. Council and Blue Circle may ' also consider as part of the consideration for the conveyance of Proposed Closure Area C and abutting reserves, accepting Blue Circle's covenant on terms ' acceptable to both parties to keep in repair and maintain the bridge over the CN railway right-of-way identified on the Road Map contained in Schedule "F" hereto. It is understood and agreed by the Parties that when it submits its application to the Municipality for the closure and conveyance to it of Proposed Closure Area C, Blue Circle will provide the Municipality with evidence satisfactory to the Municipality's Director of Public Works either that it owns the abutting portions of Waverly Road with the exception of the reserves set out in Schedule "H" hereto, or that the owners thereof have consented to the closure of them as a public highway and conveyance of them to Blue Circle. ' (e) Without fettering Council in the exercise of its legislative direction, it is the intention of the Parties that on application of CLOCA, Council will consider by- laws to close and to authorize the conveyance of Proposed Closure Area D together with the abutting reserves set out in Schedule "H" hereto, to CLOCA. ' Effective on the date of closing of the Temporary Public Highway (as ' hereinafter defined), as a public highway and termination of the Lease (as hereinafter defined), Blue Circle hereby irrevocably consents to the closure of ' Proposed Closure Area D as a public highway and to its conveyance to CLOCA for a nominal consideration. -12- 4. Lease, Improvement and Dedication of Temporary Public Highway (a) Forthwith after the execution of these Principles, Blue Circle will construct the ' extension of the private road shown on the Road Map contained in Schedule "F" to Waverly Road in accordance with plans and specifications approved by the ' Municipality's Director of Public Works acting reasonably provided that the Director shall have regard for the temporary nature of the Temporary Public ' Highway in making his determination as aforesaid. ' (b) If Council decides to pass the necessary by-laws to close and authorize the conveyance to Blue Circle of Proposed Closure Area A and abutting reserves as referred to in paragraph 3(a), prior to (1) the passing of the aforesaid by-laws by Council and (2) the occurrence of the Closing Date, Blue Circle will lease ' ("Lease") on a wholly net basis, except as otherwise provided in paragraphs 4(a) and 4(b), the portion of private road and the extension of it to Waverly Road shown on the Road Map contained in Schedule "F" (collectively referred to as the ' "Temporary Public Highway") to the Municipality for a single payment of a capitalized rent of $2.00, the receipt whereof is hereby acknowledged by Blue Circle. Until dedication of the Temporary Public Highway as a public highway, Blue Circle shall be entitled to use it as a roadway for its operations. The Lease shall provide that Blue Circle will have the right either to cross over the ' Temporary Public Highway or to tunnel under the Temporary Public Highway or ' to construct the bridge over the Temporary Public Highway including, without limitation in all cases the right to install and maintain a conveyer for materials for ' the purposes of transporting raw materials for processing at its plant; provided that all costs of constructing and maintaining any such improvements shall be the ' responsibility of Blue Circle and all such improvements shall be made in accordance with plans and specifications approved by the Municipality's Director of Public Works, acting reasonably and provided further that the use of the Temporary Public Highway as a public highway is not interrupted except for 4 r -13- temporary disruptions first approved by the Director acting reasonably if an alternate route acceptable to the Director is provided for the period of the temporary disruption. Without limiting the generality of the foregoing, Blue Circle shall be entitled to have at least a total of four truck crossing points across the Temporary Public Highway and Waverly Road at such locations as may be ' approved by the Municipality's Director of Public Works, acting reasonably. The Lease shall provide that Blue Circle shall only have the right to exercise the foregoing rights in the event that the terms of the escrow set out in paragraph 8(a)(iv) have extended more than three years from the Closing Date. The Lease shall be subject to a condition subsequent of the transfer to Blue Circle of the Proposed Closure Area A and abutting reserves referred to in paragraph 3(a) and ' shall have a term of one year which shall be automatically renewed until it shall terminate on the day on which the Municipality's Council passes a by-law dedicating Cove Road and the Westside Creek Bridge (or any readjustment thereto or alternative access as determined by Council) as a public highway. Until Blue Circle gives the Municipality written notice pursuant to paragraph 8(a)(iv) requiring the return of the escrowed transfers and the repayment of the sum of money referred to therein, Blue Circle will indemnify the Municipality against the capital cost of necessary improvements to or reconstruction of the portion of the road that contains a culvert under the Temporary Public Highway, ' as may be deemed necessary by the Municipality's Director of Public Works acting reasonably, provided that the Director shall have regard for the temporary ' nature of the Temporary Public Highway in making his determination as aforesaid. Without derogating from the foregoing, the Lease shall also provide that the Municipality shall maintain at its expense the Temporary Public Highway for the term of the Lease. (c) Without fettering the Municipality's Council in the exercise of its legislative ' discretion, the Parties express their present intention that by-laws will be passed: 1 f Y ' -14- (i) prior to the occurrence of the Closing Date to dedicate the Temporary Public Highway as a public highway until the termination of the Lease; and (ii) on or as soon as is reasonably practicable after the dedication of Cove rRoad and the Westside Creek Bridge as a public highway, to close the Temporary Public Highway as a public highway. 5. Emergency Access to Cedar Crest Beach Road (a) Blue Circle hereby irrevocably licences to the Municipality for a nominal ' consideration a portion of the Blue Circle Lands to be selected by Blue Circle which is acceptable to the Municipality's Director of Public Works acting reasonably to provide an emergency access route for emergency vehicles ' including fire vehicles from Highway 401 to the westerly terminus of Cedar Crest Beach Road and for residents of homes in plans of subdivision 318 and 659 in the ' event of flood. The consideration for the licence hereby granted is a single capitalized payment of $2.00, receipt whereof is hereby acknowledged by Blue ' Circle. Subject to paragraph 5(c), the emergency access route is intended to be the access route used by Blue Circle to its current dock with an extension to ' Cedar Crest Road and a connection to Waverly Road. The emergency access route will be kept in repair and will be maintained by Blue Circle at its expense. ' Blue Circle shall install at its cost a barrier to non-emergency vehicles at the southerly terminus of the emergency route. The licence shall also provide that the Municipality, police and ambulance ' services and the residents of homes within plans of subdivision 318 and 659 shall use the emergency access route at their own risk. The Municipality for itself and ' the residents of plans of subdivision 318 and 659 who use the emergency access route in the event of a flood, and such other services for themselves shall -15- indemnify and save Blue Circle harmless from any costs, damages, losses or 1 liability arising from or in consequence of the use of such emergency access route. The licence shall automatically terminate on the opening of either of a grade separation at the intersection of Port Darlington Road and the CN railway right of way or on opening of extensions either of Duke Street or Liberty Street tover or under Highway 401 and via a grade separation at the intersection of Duke Street or Liberty Street, as the case may be, and the CN railway right of way, whichever shall first occur. In the event that after the termination of the licence the residents of homes in plans of subdivision 318 and 659 need to cross the Blue Circle Lands as a result of flooding, Blue Circle hereby irrevocably consents to such crossing(s). (b) If the emergency access route referred to in paragraph 5(a) will traverse the Overflow Channel Area A a bridge or culvert of appropriate dimensions and load carrying capacity to accommodate emergency vehicles using the route will be ' constructed by Blue Circle at its cost in accordance with plans and drawings which have been first approved in writing by the Municipality's Director of Public Works. The Director shall not refuse either to accept an emergency access ' route or to approve plans and drawings for a bridge or culvert if the bridge or culvert will have sufficient load bearing capacity to accommodate fire vehicles ' and the emergency access route will be designed to accommodate radii for fire vehicles. (c) Blue Circle may from time to time replace the emergency access route referred ' to in paragraphs 5(a) and 5(b) with a new emergency access route on the Blue Circle Lands from Cedar Crest Beach Road to Highway 401. Paragraphs 5(a) and 5(b) apply in respect of each substituted emergency access route with necessary changes to it to give effect to this paragraph 5(c) being deemed to have been made. -16- 6. Cove Road and the Westside Creek Bridge (a) Without fettering Council in the exercise of its legislative discretion, the Parties express their present intention that after complying with all legal requirements, the Municipality as soon as reasonably practicable: (i) will acquire title to the lands required for Cove Road and the Westside ' Creek Bridge; t (ii) will reconstruct Cove Road and the approaches to it, and construct Westside Creek Bridge and approaches to it in accordance with all legal trequirements and the Cove Road and the Westside Creek Bridge Plans and Specifications; and (iii) forthwith after the Municipality's Director of Public Works gives Blue ' Circle written notice that Cove Road and the Westside Creek Bridge and the approaches to them have been reconstructed or constructed to his satisfaction, they will be dedicated by by-law passed pursuant to the ' Municipal Act as a public highway and the obligation to keep Cove Road, the Westside Creek Bridge and approaches to them in repair and ' maintained will be assumed by the Municipality pursuant to the Municipal Act. ' (b) The Parties acknowledge that the legal re q uirements referred to in paragraph 6(a) include the requirement to comply with the Ontario Environmental Assessment Act, the Navigable Waters Protection Act (if applicable), the Canada ' Environmental Assessment Act (if applicable), as well as regulations enforced by CLOCA. ' -17- (c) The preliminary estimate of the Parties of all costs of acquiring the interests of all persons in Cove Road, the Westside Creek Bridge and the approaches to them, the reconstruction of Cove Road, and of the construction of the Westside Creek Bridge and approaches to them is contained in Schedule "I" hereto. In the event that the total as-built costs of reconstruction and construction of the Cove Road and Westside Creek Bridge Works exceeds the total of all of the estimated costs set out in Schedule "I", then in respect of servicing and associated costs for only Ontario Hydro, Clarington Hydro and Bell Canada, Blue Circle will pay to the Municipality an amount equal to one-half the difference of the increase of such costs in excess of the estimates for Ontario Hydro, Clarington Hydro and Bell Canada after being given written notice of the aforesaid as-built costs by the Municipality's Director of Public Works forthwith after written demand therefor is given to it by the Municipality. 7. Actions Prior to and After Closing Date (a) Prior to the "Closing Date" (as hereafter defined) Blue Circle at its cost, (i) will execute an agreement for the acquisition of a perpetual easement from Ontario Hydro in that portion of the Ontario Hydro Lands which comprise ' the Westside Creek Diversion Area A which will be transferred on completion of the Westside Creek Diversion Works to CLOCA for a ' nominal consideration; (ii) will execute a letter of intent to implement fish habitat mitigation and compensation measures with the Department of Fisheries and Oceans, Canada and other persons substantially with the content of the Letter of Intent contained in Schedule B hereto subject from time to time to an extension of timing set out therein to accommodate the timing contemplated by these Principles and any delays resulting from the -18- Municipality's inability to satisfy the terms of the escrow set out in 1 paragraph 8(a)(iv); (iii) will execute a Monitoring and Maintenance agreement with CLOCA respecting the Westside Creek Diversion Areas A and B, and Overflow Channel Areas A, B and C which contain terms satisfactory to the Municipality's Director of Public Works; (iv) will prepare and use its best efforts to obtain the written approval of the Department of Fisheries and Oceans, Canada, the Ministry of Natural Resources, CLOCA and the Municipality's Director of Public Works of ' the Westside Creek Diversion Works Plan, Dyke Area A, Dyke Area B and the Overflow Channel Works Plan. (The approved plans are referred rto in these Principles as the "Approved Westside Creek Diversion Works Plans" and the "Approved Channel Overflow Works Plans" respectively.) (b) After the Closing Date, and in any event, no later than 12 months after the date of closing of the Temporary Public Highway as a public highway, Blue Circle at its cost will commence the construction and installation of the Westside Creek 1 Diversion Works and will proceed to complete the same in good faith and with reasonable expedition in accordance with the Approved Westside Creek Diversion Works Plan and with the schedule of construction contained in Schedule "Y I hereto, subject to "Force Majeure" (as hereafter defined), provided that if the Letter of Intent is not amended from time to time to coincide with the aforesaid ' date of commencement, the date of commencement set out in this paragraph 7(b) shall be deemed to be that set out in the Letter of Intent. c After the Closing Date and in an event no later than 12 months after the date O g Y of closing of the Temporary Public Highway as a public highway, Blue Circle at its cost will commence the construction and installation of the Overflow Channel 1 -19- Works, and proceed to complete the same in good faith and with reasonable expedition in accordance with the Approved Overflow Channel Works Plan and with the schedule of construction contained in Schedule 'T' hereto, provided that if the Letter of Intent is not amended from time to time to coincide with the aforesaid date of commencement, the date of commencement set out in this paragraph 7(c) shall be deemed to be that set out in the Letter of Intent. Blue Circle's obligation for the Overflow Channel Works is subject to the Municipality conveying Proposed Closure Area D and the abutting reserves set out in Schedule "H" hereto to CLOCA and CLOCA allowing Blue Circle to have access to ' complete such works. (d) For the purposes of these Principles, the term "Force Majeure" means any delay for the duration of the delay which is imposed by reason of strikes, lockouts; riots, wars or acts of military authority, acts of public enemies, sabotage, epidemics, washouts, nuclear and radiation activity or fallouts, rebellion or civil commotion, fire or explosion; flood, wind, water, earthquake or other casualty, prohibitory governmental laws or regulations, or an Act of God and any act, omission or event whether of the kind herein enumerated or otherwise not within the control of Blue Circle, and not caused by the deliberate default or act or omission by Blue Circle and not avoidable by the exercise of reasonable effort or foresight by Blue Circle. 1 8. Closing Date ' (a) On the Closing Date, (i) if (1) the portion of Waverly Road comprising the land within Proposed Closure Area A has been closed as a public highway by the Municipality's jCouncil by the enactment of the necessary by-law under the Municipal Act, (2) that by-law has been registered in the Registry Office for the -20- Registry Division of Durham(No. 40), and(3)the Municipality's Council has authorized the transfer to Blue Circle of Proposed Closure Area A together with the abutting reserves more particularly described in Schedule "H" hereto, the Municipality shall transfer Proposed Closure Area A and the abutting reserves to Blue Circle in fee simple, free and clear of ' encumbrances and restrictions except for Permitted Encumbrances set out in Schedule "P" and the parties agree that for purposes of the Land tTransfer Tax Affidavit, the value of the consideration for this transfer shall be based on multiplying the total consideration of$337,250.00 by a fraction, the denominator of which shall be the total area of Proposed Closure Areas A and B and the abutting reserves and the numerator of which shall be the area of Proposed Closure Area A and its immediate abutting reserves; and Blue Circle shall transfer to CLOCA or as otherwise directed by the Municipality the Marsh Link Area, the Bowmanville Marsh and the Bowmanville Valley Lands, in fee simple, free and clear of encumbrances and restrictions other than Permitted Encumbrances set out in Schedule "P" and the Option to Purchase which Blue Circle shall grant to the Municipality, except that in the case of the Marsh Link Area Blue Circle may reserve to itself a perpetual easement of access to the Westside Creek Diversion Area "B" over Easement Area "B" shown on the plan contained in Schedule "K" hereto as provided in Schedule "K"; and Blue Circle shall pay the sum of $707,800.00 to the Municipality in accordance with paragraph 3(c) and the sum of either not less than $70,000.00 to CLOCA or not less than $94,500.00 to the CLOCA Foundation or the payment of at least $70,000.00 to the Municipality or as directed by the Municipality in accordance with paragraph 12; r -21- (iv) Blue Circle shall deliver in escrow to the Municipality, a transfer of the Reconfigured Westside Marsh, with the exception of Part 9 on draft plan of survey of record prepared by Brown and Coggan under File No. 1970710 to CLOCA or as otherwise directed by the Municipality in fee simple, free and clear of encumbrances and restrictions other than (1) a ' perpetual easement of support of Dyke Area "B" in accordance with the plan contained and the relevant portion of the text of Schedule "K", (2) a temporary easement to permit the construction and installation of the Westside Creek Diversion Works and monitoring and maintenance of the same in accordance with the Letter of Intent and the Monitoring and Maintenance Agreement, (3) Permitted Encumbrances set out in Schedule ' "P", and (4) the Option to Purchase the Reconfigured Westside Marsh which Blue Circle shall grant to the Municipality. The escrow condition of delivery shall be fully satisfied and the delivery of the transfer shall be effective on the latest to occur of (1) the dedication of Cove Road, the Westside Creek Bridge and approaches to them as a public highway, (2) the registration of a by-law closing the Temporary Public Highway as a ' public highway in accordance with the Municipal Act, and (3) the surrender of the Lease of the Temporary Public Highway. If the escrow rhas not been satisfied on or before the expiry of 3 years following the Closing Date (which shall be automatically extended by the period of any rlitigation preventing the Cove Road reconstruction, the Westside Creek Bridge construction, the dedication of Cove Road and the Westside Creek Bridge and approaches as a public highway or the closing of the Temporary Public Highway as a public highway and the period of Force Majeure, provided that such extension shall occur only so long as the ' Municipality is actively conducting such litigation in good faith) Blue Circle by written notice given to the Municipality may require (1) the ' return of the escrowed transfer of the Reconfigured Westside Marsh, (2) the return of the escrowed transfers of the easements referred to in 1 r _22_ paragraph 8(a)(v), (3) if Proposed Closure Area B with abutting reserves have not been conveyed to Blue Circle by the Municipality, the repayment of a sum equal to the proportionate value of the sum of$337,250.00 paid by Blue Circle to the Municipality on the Closing Date which is attributable to Proposed Closure Area B and abutting reserves with the calculation to be made in the same manner as set out in paragraph 8(a)(i), and (4) the repayment to Blue Circle of the sum of $370,550.00 paid by Blue Circle to the Municipality on the Closing Date less one half of the costs expended by the Municipality following the date of execution by the Parties of the Principles either to pay or to indemnify itself in respect of the costs incurred for one or more of the purposes set out in Schedule "C". If the escrowed transfer of the Reconfigured Westside Marsh and escrowed transfer of the easements are returned to Blue Circle, Blue Circle shall have no further obligation hereunder to transfer the same. In the event that the transfer of the Reconfigured Westside Marsh is rendered void by reason of the provisions of the Perpetuities Act, R.S.O. 1990, c.P.9, as amended or any successor legislation, the obligations of Blue Circle with respect to the fisheries habitat referred to in the Letter of Intent, the obligations referred to in the Monitoring and Maintenance Agreement with CLOCA and the obligations with respect to the construction of the Westside Creek Diversion Works shall also be rendered void. v Subject to paragraph 8 a iv Blue Circle shall deliver in escrow to the ( ) J p g P ( )( ), Municipality transfers to CLOCA or otherwise directed by the Municipality of perpetual easements in Easement Areas "C", "D,", "D2", 1 "G" and "H" shown on the plan contained in Schedule "K" hereto, free and clear of encumbrances and restrictions other than Permitted Encumbrances set out in Schedule "P" and the Option to Purchase which -23- Blue Circle shall grant to the Municipality, in the areas, for the purposes ' and to the transferees also as set out in Schedule "K" hereto; and (vi) Blue Circle shall deliver to the Municipality transfers of Parts 9 and 13 on draft plan of survey prepared by Brown and Coggan under File No. ' 1970710 in fee simple free and clear of all encumbrances and restrictions other than Permitted Encumbrances set out in Schedule "P". The Option to Purchase referred to in these Principles shall be granted for a nominal consideration and have a form and content satisfactory to the Municipality's solicitor acting reasonably, provided that the Municipality assumes the rights and duties of CLOCA under the Monitoring and Maintenance Agreement. t (b) The Closing Date ("Closing Date") shall be three business days (excluding Saturdays, Sundays, and statutory holidays) after the last to occur of the following events: (i) satisfaction of the conditions set out in paragraph 1 of these Principles; (ii) the passing of by-laws by Council to close and authorize the conveyance of the portion of Waverly Road comprising the Proposed Closure Area A and reserves abutting such Area; (iii) the Lease to the Municipality by Blue Circle of the Temporary Public Highway; (iv) the passing of a by-law by the Municipality to dedicate the Temporary Public Highway until the expiry of the term of the Lease thereof to the Municipality; ' -24- (v) the date of approval of the later to be approved of the Approved Westside Creek Diversion Works Plan and the Approved Overflow Channel Works Plan as referred to in paragraph 7; (vi) the execution by Blue Circle and the other parties to it of the Letter of ' Intent referred to in paragraph 7(a)(ii); (vii) the execution by Blue Circle and the other party to it of the Monitoring and Maintenance Agreement referred to in paragraph 10; (viii) the execution of an agreement by Blue Circle and Ontario Hydro to rtransfer an easement in Westside Creek Diversion Area A to CLOCA on completion of the construction of the Westside Creek Diversion Works; (ix) plans of survey have been prepared and deposited on title as provided in rparagraph 16; 1 (x) satisfaction of the conditions set out in paragraph 23 of these Principles; and (xi) the completion of the acquisition by the Municipality of all lands and interests in land, required for the reconstruction of Cove Road and the construction of the Westside Creek Bridge. 9. Fisheries Habitat Provided that the Letter of Intent containing terms satisfactory to Blue Circle acting reasonably is executed on behalf of Blue Circle, CLOCA, the Ontario Ministry of Natural Resources and the Fisheries and Habitat Management - Ontario Area of the Department of Fisheries and Oceans, Canada, Blue Circle at its cost and in accordance with paragraphs 7(b) -25- and 7(c) hereof, will construct and install the Westside Creek Diversion Works including the dykes on Dyke Areas A and B shown on Schedule "A" hereto in accordance with the Approved Westside Creek Diversion Works Plan and the Approved Overflow Channel Plan and maintain the same at its cost in accordance with the provisions of the Letter of Intent and the Monitoring and Maintenance Agreement subject to Force Majeure. 10. Monitoring and Maintenance Agreement (a) Forthwith after the execution of these Principles, Blue Circle will enter into a Monitoring and Maintenance Agreement with CLOCA containing terms satisfactory to Blue Circle acting reasonably, respecting the Westside Creek Diversion Works, and the Overflow Channel Works. (b) Subject to the terms of these Principles, Blue Circle will perform each of its covenants to CLOCA respecting the Westside Creek Diversion Works and the Overflow Channel Works which are contained in the Monitoring and Maintenance Agreement subject to Force Majeure. 1 . 1 ' -26- 11. Management Agreement i (a) The Municipality will use its best efforts to settle the terms of and will execute an appropriate Management Agreement with CLOCA in respect of the planning and the management of the "Westside/Bowmanville Marsh Wetland Complex" rwhich comprises the Westside Creek Diversion Areas A and B, the Overflow Channel Areas A, B and C, Dyke Area B, the Reconfigured Westside Marsh, the Marsh Link Area, the Bowmanville Marsh, the Bowmanville Valleylands and the wetlands and valleylands south of the CN railway. r (b) The principal objective of the Management Agreement will be to ensure to the extent reasonably possible, by the actions of the parties to it that there will be no net loss overall in wildlife habitat and vegetation of the present Westside Marsh. The Management Agreement will define the roles and responsibilities including the financial responsibilities of the parties to it, as well as the members of the rgeneral community who are interested in ensuring that the ecological functions of the present Westside Marsh will be replaced with appropriate ecological functions in the Westside/Bowmanville Marsh Wetland Complex. In order to address this r and related issues, the Municipality will co-operate with CLOCA in the preparation of a Management Plan for the Westside/Bowmanville Marsh Wetland ' Complex. 12. Contribution to Start-Up Process (a) To assist CLOCA in obtaining necessary funds to meet the start-up costs of its management of the Westside/Bowmanville Marsh Wetland Complex, conditional on (1) Blue Circle paying to the Municipality the sum of $707,800.00 on the Closing Date; and (2) Blue Circle paying the sum of either at least $70,000.00 either to CLOCA or at least the sum of $94,500.00 to a charitable organization for which CLOCA is seeking registration as an organization to which tax r 1 -27- deductible donations may be made ("CLOCA Foundation") or the payment of at ' least $70,000.00 to the Municipality or as directed by the Municipality in accordance with paragraph 12(b) on the Closing Date, (3) the transfers to CLOCA of the lands and easements referred to in paragraph 8; and (4) the approval by the Municipality of the terms of reference for a study, the Municipality intends to pay to CLOCA a sum of money to be settled with CLOCA which shall not exceed $100,000.00, the payments to be made in response to periodic invoices to the Corporation as work is completed for the preparation of a Management Plan for the Westside/Bowmanville Marsh Wetland Complex, provided that the Closing Date has occurred before any payment is made to CLOCA by the Municipality. (b) The Parties acknowledge that Blue Circle's payment either of at least the sum of $70,000.00 either to CLOCA or at least the sum of $94,500.00 to the CLOCA Foundation as referred to in paragraph 8(a)(iii) is intended to be used as start-up funds for the implementation of the Management Plan provisions, respecting the ecological functions of the Westside/Bowmanville Marsh Wetland Complex. In the event that before the Closing Date the Municipality directs that Blue Circle ' transfer the Reconfigured Westside Marsh to a transferee other than CLOCA, Blue Circle shall pay the aforesaid sum of at least $70,000.00 either to the Municipality or as the Municipality directs, to be used by the payee as the aforesaid start-up funds. 13. Ontario Hydro Easement Subject to the terms of these Principles, Blue Circle will enter into an agreement with S J P g ' Ontario Hydro containing terms satisfactory to Blue Circle acting reasonably to permit Blue Circle to construct and install the Westside Creek Diversion Works on Westside Creek Diversion Area A including the dyke on Dyke Area A in accordance with the Approved Westside Creek Diversion Works Plan, the Letter of Intent and the Monitoring and Maintenance Agreement. 1 ' -28- The agreement shall provide for the transfer, at Blue Circle's cost, of a perpetual easement in rWestside Creek Diversion Area A to CLOCA and, if acceptable to Ontario Hydro, to Blue Circle forthwith after CLOCA gives notice to Blue Circle in writing that the Westside Creek ' Diversion Works on Westside Creek Diversion Area A have been completed to CLOCA's satisfaction. The easement shall be transferred for a nominal consideration and shall be in a form and have a content that is satisfactory to the Municipality's solicitor acting reasonably. 14. Westside Creek Diversion ' Subject to the terms of these Principles, Blue Circle will construct and install at its cost certain works and vegetation for the Westside Creek Diversion on Westside Creek Diversion Areas A and B ("Westside Creek Diversion Works") in accordance with the plans, drawings, specifications and schedule of construction and installation contained in the Approved "Westside rCreek Diversion Works Plan", the Letter of Intent, and the Monitoring and Maintenance Agreement. Blue Circle will maintain the Westside Creek Diversion Works to the extent provided in the Letter of Intent and the Monitoring and Maintenance Agreement. 15. Overflow Channel Works Subject to the terms of these Principles, Blue Circle will construct and install at its cost the Overflow Channel on Overflow Channel Areas A, B and C in accordance with the Approved Overflow Channel Works Plan. Blue Circle will maintain the Overflow Channel Works to the rextent provided in the Letter of Intent and the Monitoring and Maintenance Agreement. r r r r r ' -29- 16. Description and Transfers r (a) Blue Circle at its cost shall prepare and deposit in the Land Registry Office for rthe Registry Division of Durham (No. 40), plans of survey of record identifying the Reconfigured Westside Marsh, the Marsh Link Area, the Bowmanville Marsh, the Bowmanville Valley lands, Overflow Channel Areas A, B and C, Proposed Closure Areas A, B, C and D, Westside Creek Diversion Areas A and B, Dyke Area B and Easement Areas "B" to "H" inclusive, as referred to in these Principles. (b) All transfers to CLOCA or as otherwise directed by the Municipality shall have ' a form and content satisfactory to the Municipality's solicitor, acting reasonably. All governmental fees and taxes payable on the registration of such transfers shall be paid in equal shares by Blue Circle and by the Municipality. (c) The Municipality at its cost shall prepare and register in the Land Registry Office for the Registry Division of Durham (No. 40), plans of survey of record identifying Cove Road and the Westside Creek Bridge, inclusive as referred to in these Principles. 17. Security Fence and Signage Forthwith after completion of construction of the Westside Creek Diversion Works and, the dykes located on Dyke Areas A and B, Blue Circle will construct and maintain signage warning of quarrying operations and a chainlink security fence with a minimum height of 6 feet with gates at locations first approved by the Municipality's Director of Public Works acting reasonably and to the satisfaction of Ontario Hydro, CLOCA and the Municipality's Director of Public Works, provided that prior to the commencement of quarrying operations including any excavation on any portion of the Future Quarry Area, Blue Circle may install a farm fence f -30- with a minimum height of 4 feet which shall be replaced by Blue Circle with the aforesaid security fence before quarrying operations are begun. 18. Supply of Aggregate and Concrete When tenders are called for the construction and installation of the Cove Road and the Westside Creek Bridge Works, the Municipality will provide in the tender documents that aggregate and concrete supplies for the Works shall be purchased from Blue Circle, provided the prices to be paid therefor by the tenderer whose offer to construct and install is accepted by the Municipality do not exceed the then current market prices for these products in the Municipality that would be paid by the contractor but for the provisions of this paragraph 18. 19. Official Plan Modifications and Zoning Amendments (a) Without fettering the Municipality's Council in the exercise of its legislative discretion, it is the present intention of the Parties that forthwith after the passing of by-laws to close Closure Area A as a public highway and authorize its conveyance with the abutting reserves to Blue Circle pursuant to these Principles, (1) the Municipality will request that the modifications to the Region of Durham Official Plan and the Clarington Official Plan contained in Schedules "L" and ' "M" hereto, respectively, be made, and (2) after complying with the provisions of the Planning Act, will enact the amendments to its Zoning By-law which are set out in Schedule "N" hereto. Blue Circle will not object to any of the aforesaid Official Plan provisions and related designations, provided that the relevant approving authority continues to defer (1) all of the policies in Section 16.5 of the Clarington Official Plan, Section 7 of these Modifications and Map A-3 of the Clarington Official Plan except insofar as Section 7 and Map A-3 apply to the lands within Special Policy Area I; and (2) the words "and a commercial docking facility" in line 5 of Section 18.2.2, clause 18.2.2(a) and the dock area on the Blue Circle Lands which is shown on Map A-5 of the -31- Region of Durham Official Plan, until the terms of the escrow condition in paragraph 8(a)(iv) have been satisfied. (b) Without fettering the Municipality's Council in the exercise of its legislative discretion, it is the present intention of the Parties that Council will enact the amendments to its Zoning By-law which are set out in Schedule "O" hereto as soon as is reasonably practicable after Proposed Closure Area B with abutting reserves is transferred by the Municipality to Blue Circle, and Blue Circle's ' licence to extract aggregate is amended to include Proposed Closure Areas A and B and to exclude the Reconfigured Westside Marsh. After the escrow terms of paragraph 8(a)(iv) have been satisfied, Blue Circle will act in good faith and with reasonable expedition in applying for and in prosecuting its application for the ' aforesaid amendment to its aggregate extraction licence under the Aggregate Resources Act. 20. Waterfront Trail Relocation The Municipality will consent to the relocation of any portion of the Ontario Hydro ' Lands which have been licensed to the Municipality and have been developed for the purposes of a waterfront trail for the use of members of the public that coincides with any one or more portions of Westside Creek Diversion Area A, provided that (1) the Municipality's Director of Planning and Development approves the design and specifications therefor in writing which shall not exceed the standard of surface improvement of the existing Waterfront Trail, (2) the cost thereof is paid by Blue Circle, and (3) Blue Circle provides a temporary alignment satisfactory to the Municipality's Director of Planning and Development acting reasonably for the portion of the Waterfront Trail in question throughout the construction period which is suitable for use ' by the public from April 1 to October 31 of the year(s) of construction of the Westside Creek Division Works. Notwithstanding the foregoing, the Municipality agrees that Blue Circle may interrupt the Waterfront Trail for construction purposes for reasonable periods of time, provided that Blue Circle gives notice in writing to the Municipality's Director of Public Works at least ' -32- 48 hours before each interruption stating the likely duration of the interruption in question and installs signs approved by the aforesaid Director at either end of the Trail to notify members of the public that the portion of the Trail in question is closed. 21. Removal of CBM Crusher No later than two years after the later of the days on which a by-law is registered closing the Temporary Public Highway as a public highway and the Lease of the Temporary Public Highway is released to Blue Circle, Blue Circle at its cost shall remove the crusher presently located on the portion of the Blue Circle Lands which is adjacent to the Ontario Hydro Lands and presently used in connection with the CBM operations, from the Blue Circle Lands. Following the removal of the aforesaid crusher Blue Circle will not instal or cause or suffer any ' person to instal a crusher dedicated for use in the CBM operations on any portion of the Blue Circle Lands except in accordance with the policies set out in Section 16.5.2 of Modification No. 170 to the Clarington Official Plan contained in Schedule "M". ' 22. Interdependency of Principles and Covenants Not to Merge ' (a) Each of the Principles contained herein is interdependent until the Closing Date upon the performance of the covenants of the Parties that are required to be completed prior to or on the Closing Date pursuant to paragraphs 7(a) and 8(a). ' (b) All covenants, provisions and terms contained in these Principles on the part of both Blue Circle (save for title) and the Municipality shall not merge on the Closing Date but shall survive the Closing Date and for greater clarification, shall not merge upon the delivery of any transfer of any of the Blue Circle Lands to CLOCA or as the Municipality may direct. ' -33- 23. Conditions of Blue Circle These Principles are conditional on Blue Circle on or before the date of Unwinding set ' out in paragraph 24 satisfying the following conditions: ' (a) Blue Circle being able to satisfy the requirements to obtain the necessary agreements and approval from third parties as set out in subparagraphs (i), (ii), (iii) and (iv) inclusive of paragraph 7(a) hereof; (b) Blue Circle obtaining the necessary approval and appropriate partial discharges and postponements in favour of the transfers and easements of portions of the ' Blue Circle Lands which are to be given under these Principles by Blue Circle from the holder of all trust indentures, charges and mortgages affecting all or any portion of the Blue Circle Lands which are to be included in such transfers or ' easements; and ' (c) Blue Circle either obtaining the necessary consents under the severance provisions of the Ontario Planning Act to the partial discharges of all trust indentures, ' charges and mortgages affecting the lands being transferred by Blue Circle under these Principles or the Municipality agreeing to take title to all such lands so that such consents are not required pursuant to section 50(17)(c) of the Planning Act. 24. Unwinding of Principles ' In the event that any of the conditions referred to in paragraph 1 and paragraph 23 or any of the events listed in paragraph 8(b) is not satisfied prior to December 31, 1999, these ' Principles shall terminate and have no force or effect ("Unwinding"). In the event of an Unwinding of these Principles, neither Party hereto shall have any liability whatsoever to the ' other Party hereto. ' -34- 25. Environmental Condition Immediately after execution of these Principles, Blue Circle shall provide the Municipality and/or CLOCA with access to those portions of the Blue Circle Lands which are to be transferred to CLOCA or as the Municipality may otherwise direct pursuant to these ' Principles for the purposes of the performing of Environmental Site Assessments by qualified professional environmental consultants. Such access shall be subject to the rights of any existing ' tenants of such lands and the Municipality or CLOCA as the case may be shall indemnify and save Blue Circle harmless from any costs, damages or liability whatsoever or injury to persons ' or animals arising by reason of or in consequence of such access being given. Upon completion of such inspections as the Municipality or CLOCA may deem appropriate, complete copies of ' all reports or other written correspondence or memoranda dealing with such inspections shall be delivered to Blue Circle. These Principles are conditional within the time frame set out herein on the Municipality's Directors of Planning and Development and Public Works in ' consultation with CLOCA, each acting reasonably, being satisfied that the lands to be transferred to CLOCA or as otherwise directed by the Municipality are not unacceptably contaminated having regard to the purpose of the transfers as contemplated in these Principles. If written notice is given by the Municipality to Blue Circle prior to the expiry of the 45 day period ' commencing on the day on which these Principles are executed that the aforesaid lands or any of them are unacceptably contaminated, these Principles shall terminate and neither Party shall ' have any liability to the other and if no such notice is given, this condition shall be deemed to be satisfied. This condition is included in these Principles for the benefit of the Municipality ' and may be waived by the Municipality by notice in writing given to Blue Circle. ' 26. Assumption Agreement Required ' If Blue Circle desires to sell, lease including renewals for a term of twenty-one (2 1) years or more or charge the Blue Circle Lands prior to the Closing Date, Blue Circle shall first require ' the proposed purchaser or lessee to enter into an agreement with the Municipality to be bound by these Principles with respect to that portion of the Blue Circle Lands being acquired by them ' -35- to the same extent as if such proposed purchaser or lessee was a party to these Principles. Where a mortgage, charge, lease, assignment of lease or sublease of a leasehold interest is given by way of security for financing, then such mortgagee, chargee, lessee, assignee or sublessee tthereunder shall not be bound to assume such of Blue Circle's obligations and covenants unless and until such mortgagee, chargee, lessee, assignee or sublessee takes possession or control of ' the Blue Circle Lands pursuant to such security and then only for such period of time as they remain in possession or control of the Blue Circle Lands. The parties agree that these Principles do not create an interest in land other than in those portions of the Blue Circle Lands to be conveyed to CLOCA or the Municipality as set out herein and neither these Principles nor any notice, caution or other registration relating to these Principles shall be registered, filed or recorded in any way against the title to the balance of the Blue Circle Lands. 27. Governing Law These Principles are governed by and shall be interpreted and enforced in accordance with the laws of the Province of Ontario, Canada. ' 28. Time of Essence ' Time shall be of the essence of these Principles. ' 29. Effect ' These Principles are binding on and enure to the benefit of the Parties and their respective successors and assigns. ' -36- 30. Notice If any notice or other document is required to be or may be given by either Party hereto ' to the other or by any official of the Municipality to Blue Circle under this Agreement, such notice shall be transmitted by telefax or mailed by prepaid registered post or delivered to: Blue Circle: Blue Circle Canada Inc. 400 Waverly Road South Bowmanville, Ontario L1C 3K3 ' Attention: Plant Manager Phone No.: (905) 623-3341 Fax No.: (905) 623-4695 The Municipality: The Corporation of the Municipality of Clarington ' 40 Temperance Street Bowmanville, Ontario UC 3A6 Attention: Chief Administrative Officer ' Phone No.: (905) 623-3379 Fax No.: (905) 623-0830 or such other telefax number or address of which either Party has notified the other Party in writing. Any such notice telefaxed or mailed or delivered shall be deemed good and sufficient ' notice under the terms of this agreement and if telefaxed or delivered prior to 4:30 p.m. on any business day (excluding Saturdays, Sundays and statutory holidays) shall be deemed to have been received at the time of delivery or transmission and if mailed by pre-paid registered mail, it shall be deemed to have been received on the third business day (excluding Saturdays, Sundays and statutory holidays) following the mailing thereof. Notwithstanding the foregoing, in the event that it may be reasonably anticipated that due to Force Majeure any notice will not be received ' within the time limit set out above, then such notice shall be sent by an alternate means of ' transportation which it may reasonably be anticipated will cause the notice to be received reasonably expeditiously by the addressee. ' -37- 31. Authority of Municipality Blue Circle acknowledges and agrees that the Municipality has authority to enter into this ' Agreement, that every provision hereof is authorized by the law and is fully enforceable by the Parties, and that this Agreement is made by the Municipality in reliance on the acknowledgement ' and agreement of Blue Circle as aforesaid. ' IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written and the Parties hereto have hereunto affixed their corporate ' seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND ) THE CORPORATION OF THE ' ) MUNICIPALITY OF CLARLN TON DELIVERED ) Mayor ) C rk BLUE CIRCLE CANADA INC. Per - Name: itle: ti Per ' ) Name. Title: 5'ELSE %AA L. oh; y L�� I`Vi���E NDaN LOT 14 T 13 LOT 12 11 • d J ' _-a1VESTSIDE CREEK _-'``�-�-�--1 •� DIVERSION AREA' 8 ® as ® ®BO LLE CR ® DYKE AREA'A' WESTSI CREEK --- - DIVERSI AREA'B' FUTURE O AREA MARSH LINK AREA ' BLUE DYKE AR 'B' CIRCLE LANDS nam r RECONFIGURED WESTSIDE MARSH r _r=-r C) ' OVERFLOW __- CHANNE �t Lake Ontario LANDS I J 4 FLOW OVERFLOW I NNEL ' CHANNEL i LANDS'B' LANDS'A' _ — I I PROPOSED 2:1 QUARRY SIDE SLOPE&BENCH �I C QEO�DI SLOPE 2 or 3:1 I� I� JII I SCHEDULE "A" 1 s-ox ' SCHEDULE "A" DESCRIPTION OF BLUE CIRCLE LANDS FIRSTLY: ' ALL AND SINGULAR those certain parcels or tracts of land and premises situate, lying and being in the Town of Bowmanville, in the Township of Darlington, in the County of Durham, in the Province of Ontario, and being composed of parts of Township Lot Eleven (11) in the Broken Front Concession, now within the limits of the said Town of Bowmanville, lying South of the Canadian National Railway right-of-way and North of the Northerly limit of Registered Plan Number 198 and its production Easterly, the boundaries of the said parcels being more particularly described as follows; ' PARCEL 1 Part of Darlington Street and parts of Lots 156, 157 and 158, and all of Lots 159 ' and 160, according to a plan made for Wilson, Armour and Mearns, by Thomas Wallace Herrick, P.L.S., registered the 28th day of May, 1857, now known as Plan H50078, and part of Township Lot 11 in the Broken Front Concession of the Township of Darlington, now within the limits of the said Town of Bowmanville, containing by admeasurement 1.32 acres, be the same more or less, which said parcel or tract of land may be more particularly described as follows; COMMENCING at the point of intersection of a fence marking the Southerly limit of the ' Canadian National Railway right-of-way with the Easterly limit of said Lot 11, said point distant Southerly in the last-mentioned limit nineteen hundred and sixty-six and sixty-one one-hundredths feet (1966.61') on a course of South 17 degrees 36 minutes 30 seconds East from the North- ' Easterly angle of said Township Lot 11; THENCE South 17 degrees 36 minutes 30 seconds East along the Easterly limit of said Lot 11 ' a distance of two hundred and thirty-seven and fifty-one one-hundredths feet(237.51')to an iron bar planted at the point of intersection with the Northerly limit of a sixty-six foot (66') service road expropriated by Deposited Plan Number 14618 for the Town of Bowmanville; THENCE South 85 degrees 34 minutes 30 seconds West in said Northerly limit of the service road a distance of three hundred and fifteen and six-tenths feet (315.6') to an iron bar planted at the point of intersection with the Easterly limit of a sixty-six foot(66') road leading Southerly from said Railway right-of-way; THENCE North 17 degrees 37 minutes 30 seconds East along the Easterly limit of the said road a distance of two hundred and sixty-six and eight one-hundredths feet (266.08') to an iron bar planted at the point of intersection with a fence marking the Southerly limit of the said Railway ' right-of-way; i ' SCHEDULE "A" - 2 - THENCE North 87 degrees 55 minutes 30 seconds East along the Southerly limit of said Railway right-of-way a distance of thirty-nine and twenty-five one-hundredths feet (39.25') to an iron bar marking an angle in the said limit; THENCE South 88 degrees 00 minutes East continuing along the said Southerly limit a distance of one hundred and twenty-three feet (123') more or less to the POINT OF COMMENCEMENT. SUBJECT TO whatever rights the public may have in that part of unopened Darlington Street running across the land hereby conveyed at the Northern limit thereof and adjoining the said Canadian National Railway right-of-way. As described in Instrument Number 30724. ' PARCEL 2 Part of Lot Eleven (11) in the Broken Front Concession in the said Township of Darlington, now within the limits of the said Town of Bowmanville, lying East of a sixty-six foot (66') road running Southerly through said Lot 11, containing by admeasurement 12.45 ' Acres, be the same more or less, said parcel or tract being more particularly described as follows; ' COMMENCING at an iron bar planted at the point of intersection of the Southerly limit of a sixty-six foot (66') service road expropriated by said Deposited Plan Number 14618, with the Easterly limit of said Lot 11, said point distant Southerly in the last-mentioned limit twenty-two hundred and seventy-one and nine-one one-hundredths feet (2271.91') from the North-Easterly angle thereof; THENCE South 85 degrees 34 minutes 30 seconds West along the Southerly limit of the said service road a distance of one hundred and eighty-seven and twenty-nine one-hundredths feet (187.29') to an iron bar; THENCE South 17 degrees 35 minutes 30 seconds West a distance of three hundred and eight and forty-two one-hundredths feet (308.42') to an iron bar planted in the Northerly edge of a creek; THENCE on a general bearing of North 68 degrees 13 minutes West in and along the Northerly edge of the said creek a distance of one hundred and fifty-eight and six-tenths feet (158.6') to an iron bar planted at the point of intersection with the Easterly limit of a sixty-six foot (66') road running Southerly; THENCE South 17 degrees 37 minutes 30 seconds West along said Easterly limit a distance of sixty-eight and ninety-eight one-hundredths feet (68.98 ) to an iron bar marking an angle in the ' said limit; ' SCHEDULE "A" - 3 - ' THENCE South 66 degrees 08 minutes 30 seconds East continuing along the limit of the said road a distance of ninety-two and eleven one-hundredths feet (92.11') to an iron bar marking an angle in the said road; ' THENCE South 26 degrees 29 minutes 30 seconds East continuing along the Easterly limit of the said road a distance of fifty-three and seventy-nine one-hundredths feet (53.79') to an iron bar marking the North-Westerly angle of the lands described in Instrument Number 14862 for the town of Bowmanville; ' THENCE North 63 degrees 30 minutes 30 seconds East a distance of thirty-seven feet (37') to an iron bar; THENCE South 66 degrees 41 minutes 30 seconds East a distance of one hundred and thirty and ninety-two one-hundredths feet (130.92') to an iron bar marking the South-Easterly angle of the lands described in said Instrument Number 14862; THENCE South 63 degrees 30 minutes 30 seconds West along the Southerly limit of the said ' lands a distance of one hundred and twenty-one and five-tenths feet (121.5') to an iron bar planted at the point of intersection with the Easterly limit of the aforesaid road; THENCE South 26 degrees 29 minutes 30 seconds East continuing along the Easterly limit of the said road a distance of five hundred and sixty-seven and fifty-eight one-hundredths feet (567.58') to an iron bar marking an angle in the said road; tTHENCE South 51 degrees 08 minutes 30 seconds East continuing along the Easterly limit of the said road a distance of one hundred and four and one-tenth feet (104.1') to an iron bar marking an angle in the said limit; THENCE South 31 degrees 20 minutes 30 seconds East continuing along the Easterly limit of ' the said road a distance of seven hundred and seventy-seven and eighty-one one-hundredths feet (777.81') to an iron bar marking an angle in the said limit; THENCE South 16 degrees 10 minutes 30 seconds East continuing along the Easterly limit of the said road a distance of one hundred and thirty-two and ninety-two one-hundredths feet (132.92') more or less to an iron bar planted at the point of intersection with the Easterly ' production of the Northerly limit of Registered Plan Number 198, said iron bar distant Easterly in said production thirty and sixty-five one-hundredths feet (30.65') from the most Northerly angle of Block "O", Registered Plan Number 198; ' THENCE North 68 degrees 08 minutes 30 seconds East in said production a distance of one g P hundred and four and seventy-five one-hundredths feet (104.75') more or less to the point of intersection with the Easterly limit of said Lot 11; ' SCHEDULE "A" - 4 - THENCE North 17 degrees 38 minutes 30 seconds West along the Easterly limit of said Lot 11 a distance of nineteen hundred and six feet (1906') more or less to the POINT OF COMMENCEMENT. As described in Instrument Number 30724. Save and Except: That Part of said Parcel 2 being that Part of Lot 11, Broken Front Concession designated as Parts 4, 5 and 7, Expropriation Plan 88189, Town of Bowmanville, Regional Municipality of tDurham. PARCEL 3 Part of Lot Eleven (11) in the Broken Front Concession in the said Township of Darlington, now within the limits of the said Town of Bowmanville, lying South of the Canadian National Railway right-of-way and West of a sixty-six foot(66') road running Southerly through said Lot 11, containing by admeasurement 52.57 acres, be the same more or less, said parcel or tract of land being more particularly described as follows: COMMENCING at an iron bar planted at the North-Westerly angle of Registered Plan Number 198 for the Town of Bowmanville; ' THENCE North 68 degrees 08 minutes 30 seconds East along the Northerly limit of Blocks "H" and "K" according to said Registered Plan Number 198 a distance of eleven hundred and sixty and one-tenth feet (1160.1') more or less to an iron bar planted in the Northerly limit of Block ' "N", Registered Plan 198, said iron bar distant Westerly in the last-mentioned limit thirty-five and sixty-eight one-hundredths feet (35.68') from an iron tube marking the North Easterly angle of said Block "N"; THENCE North 16 degrees 10 minutes 30 seconds West along a fence marking the Westerly limit of a sixty-six foot (66') road a distance of one hundred and thirty and seven-tenths feet (130.7') to an iron bar marking an angle in the said fence; THENCE North 31 degrees 20 minutes 30 seconds West continuing along a fence marking the Westerly limit of said road a distance of seven hundred and fifty-seven and five-tenths feet (757.5') to an iron bar marking an angle in the said fence; THENCE North 51 degrees 08 minutes 30 seconds West continuing along a fence marking the Westerly limit of the said road a distance of one hundred and seven feet (107') to an iron bar marking an angle in the said fence; SCHEDULE "A" - 5 - THENCE North 26 degrees 29 minutes 30 seconds West continuing along a fence marking the Westerly limit of a sixty-six foot (66') road a distance of seven hundred and twelve feet (712') to an iron bar marking an angle in the said fence; ' THENCE North 66 degrees 08 minutes 30 seconds West continuing along the said fence marking the South-Westerly limit of the said road a distance of one hundred and thirty feet ' (130') to an iron bar; THENCE North 21 degrees 08 minutes 30 seconds East continuing along the Westerly limit of ' the same road a distance of forty and five-tenths feet (40.5') to an iron bar marking an angle in the said road; ' THENCE North 17 degrees 37 minutes 30 seconds East continuing along the Westerly limit of a sixty-six foot (66') road a distance of two hundred and forty and nine-tenths feet (240.9') to an iron bar planted in the line of a fence running North-Westerly. THENCE North 55 degrees 07 minutes West along the centre line of the said fence a distance 1 of eighty-three and four-tenths feet (83.4') to an iron bar marking an angle in the same fence; THENCE North 00 degrees 57 minutes 30 seconds West continuing along the said fence a ' distance of twenty-three feet (23') to an iron bar; THENCE South 87 degrees 44 minutes West a distance of two hundred and twenty-five feet ' (225') to an iron bar; THENCE North 12 degrees 46 minutes West a distance of three hundred and two feet (302') 1 to an iron bar planted in the Southerly limit of the Canadian National Railway right-of-way; THENCE South 88 degrees 14 minutes West along the Southerly limit of the Canadian National ' Railway right-of-way a distance of three hundred and thirty-five and five tenths feet (335.5') to an angle in the said limit; THENCE South 50 degrees 46 minutes West continuing along the Southerly limit of the Canadian National Railway right-of-way a distance of fifty-nine feet (59') to an iron bar marking an angle in the said limit; ' THENCE South 80 degrees 16 minutes West continuing along the Southerly limit of the said Railway right-of-way a distance of two hundred and seventy-five feet (275') to an iron bar ' planted at the point of intersection with the Westerly limit of said Lot 11, said iron bar distant Southerly,in the last-mentioned limit sixteen hundred and fifty-eight feet three inches 91658'3") more or less from the North-Westerly angle of said Lot 11; . 4 ' SCHEDULE "A" - 6 - ' THENCE South 17 degrees 46 minutes East along the Westerly limit of said Lot 11 a distance of twenty-six hundred and fifteen and seventy-five one-hundredths feet (2615.75') more or less to the POINT OF COMMENCEMENT. As described in Instrument Number 30724. Save and Except: ' That Part of said Parcel 3 being that Part of Lot 11, Broken Front Concession designated as Part of Part 1, Part 2 and Part 8, Expropriation Plan 88189, Town of Bowmanville, Regional Municipality of Durham. ' SECONDLY: Lots 1, 2, 3, 4 and 5, Blocks A and B, Plan 694, formerly in the Geographic Township of ' Darlington, now in the Town of Newcastle, Regional Municipality of Durham, and those parts of the one foot reserves, on Plan 694, designated as Parts 3, 5, 7 and 9 on Plan IOR-852 save ' and except the following lands: That Part of Lot 4, Plan 694, being designated as Parts 4 and 5, Expropriation Plan 88190, ' Town of Newcastle, Regional Municipality of Durham; That Part of Lots 1 and 3, Plan 694, being designated as Part of Part 1, Expropriation Plan ' 88189, Town of Newcastle, Regional Municipality of Durham; That Part of Lot 4, Plan 694, being designated as Parts 11 and 12, Plan IOR-852, Town of ' Newcastle, Regional Municipality of Durham; TOGETHER with those rights of way as more particularly described in Instrument Nos. ' N30904, N30725 and N30720. ' THIRDLY: Parcel CL-4751 in the Register for Section Water Lot Darlington, being part of the bed of Lake ' Ontario in front of parts of Lots 14 and 15 and the road allowance between the said lots, Broken Front Concession, as shown on the plan of the Township of Darlington, being also in front of Lots 4 and 5 and Block "B", as shown on Registered Plan 694, designated as Part 1 on a plan ' and field notes of Water Lot Location CL-4751 deposited in the Land Registry Office for the Registry Division of Newcastle as Plan 1OR-2426. ' SCHEDULE "A" - 7 - ' FOURTHLY: Parcel CL-8140 in the Register for Section Water Lot Darlington being part of the bed of Lake ' Ontario in front of parts of Lots 15 and 16, Broken Front Concession (formerly Township of Darlington), Town of Newcastle, Regional Municipality of Durham and in front of Registered Plan 694, designated as Part 1 on Plan 40R-14460. t ' SCHEDULE "B" Auguust 27, 1997 LETTER OF INTENT CONSULTING 100 Sheppard Russell Powell Avenue East, Chief Administrative Officer Suite 300, Central Lake Ontario Conservation Authority Toronto,Ontario, 100 Whiting Avenue Canada ' Oshawa, Ontario M2N 6N5, L1H 3T3 Mail:Box 1850, Forth York, Glenn Price Ontario,Canada Ontario Ministry of Natural Resources 50 Bloomington Road West Telephone one Aurora, Ontario Telephone ' (416)229-4646 L4G 3G8 Fax Vic Gilman, Area Manager (416)229-4692 Fisheries and Habitat Management- Ontario Area Department of Fisheries and Oceans Canada ' P.O. Box 5050, 867 Lakeshore Road Burlington, Ontario L7R 4A6 Re: Blue Circle Canada Inc. (formerly St. Marys ' Cement) Bowmanville Quarry Letter of Intent to Implement Fish Habitat Mitigation and Compensation Measures ' Dear Gentlemen: Enclosed please find four copies of the Letter of Intent signed by Gary Gentles, president of Blue Circle Canada Inc. As you know,Blue Circle has recently purchased St. Marys Cement. In this final process of approval, we request that you sign the final Dillon Consulting ' ... cont'd limited Page 2 August 27, 1997 Letter of Intent to Implement Fish Habitat Mitigation and Compensation Measures page of each letter where indicated. Following this, please courier this letter with the four copies of the Letter of Intent to the person whose name appears next on the list, using the appropriate envelope. The signed Letter of Intent will then be inserted into the final version of the Westside 1 Marsh Fish Habitat Compensation Report and distributed immediately. We would appreciate execution of this process in a timely fashion and thank you in ' advance for your attention. Yours sincerely, 1 Dillon Consulting Limited ' Shawn Taylor, M.Sc. Project Manager ' Encl. r JAL:mrb ' 94-1800-13-02 BLUE CIRCLE CANADA INC.BOWMANVELLE QUARRY ' LETTER OF INTENT TO IMPLEMENT FISH HABITAT MITIGATION AND COMPENSATION MEASURES FINAL ' In accordance with the Federal Department of Fisheries and Oceans' Policy for the Management of Fish Habitat (DFO 1986), and the Habitat Conservation and Protection Guidelines (DFO 1994), and with particular reference to the principle of"no net loss of the productive capacity of fish habitats": 1 Blue Circle Canada Inc,will provide habitat enhancement measures in Westside Creek and Westside Marsh as described in the report and preliminary concept drawings prepared by Dillon Consulting Limited and in the drawings prepared by Marshall Macklin Monaghan. This has been prepared following the recommendations of the Waterfront Regeneration Trust November 13, 1995 report. ' To compensate for the destruction of 21.28 ha'of Westside Marsh and 550 m of Westside Creek(totals 10.14 productivity units [P.U.]), Blue Circle Canada Inc. will implement the following measures. Although Westside Marsh is a Class 2 Provincially Significant Wetland,the Provincial Wetland Policy does not apply, ' as the current quarry licence predates the Policy. 1. Westside Creek Diversion-Creation of 2,540 m Natural Lowflow Channel(0.93 P.U.) Construct a 1,835 in long floodway and approximately 2,540 in long bankfull/low flow channel combination,in a valley varying from 5- 8 m in width along the Ontario Hydro Corridor, to divert flow from Westside Creek to the Northern Tip of the wetland and,subsequently to the new Creek Mouth and into Westside Marsh. The channels will incorporate fish habitat features to allow migration of fish and provide spawning resources for forage fish species. Three culverts will be ' constructed 55.0, 110.0 and 42.5 metres in length. One cell of each culvert will be installed at an elevation to allow migratory passage by fish and to maintain sediment transport,while other cells will carry flood flows only. The Creek Diversion is divided into six distinct reaches with the ' following geomophologic characteristics.A minimum of 2 growing seasons will be allowed before diverting water flow to allow plant establishment, conduct maintenance and minimize erosion. Preliminary design drawings for each reach are presented in Appendix B of the report. Please see Table 6.3,the Minns Method productivity model for translation of hectares to productivity units.Note the area of fish habitat destroyed exceeds the areas that will be created or enhanced,but that the lost productivity units are balanced such that there is no net loss. ' 1 Westside Creek Diversion Channel -Geomo holo is Characteristics Reach 1 Reach 2 Reach 3 Reach 4 Reach 5 Reach 6 Bankfull Width m variable 1.5 3.0 2.5 1.8 1.8 Bankfull Depth m variable 1.4 1.2 0.3 0.55 0.4 rn ander Band Width 5.0 5.0 6.5 6.5 8.0 8.0 ' Meander Radius m variable 4.05 7.8 6.7 4.9 4.9 Meander Frequency m variable 12-15 21-27 17-23 14-17 14-17 Sinuositv 1.1 1.5 1.5 1.8 1.5 1.5 Gradient % 1.75 0.28 0.16 0.017 0.012 0.13 Mo�lu a gl tmNO 100 365 82 180 465 435 er s 1 Reach 1 • A medium gradient transition zone 110 m long will be constructed between the existing railroad ' culvert and the lower invert elevation required for Reaches 2 and 3. A gravel bed nourishment zone will be built over a reinforced rootwad corner,which is followed by a series of Riffle Gravel Beds. The geometry is based on a Rosgen Type C4 channel in a 5m wide floodway channel. Reach ends at culvert under Waverley Road. The Riffle Gravel Beds will be constructed 0.5-1.0 m deep from a mixture of 20% 5-10 mm limestone gravel, 40% 10-30 mm riverstone and 40% 50-70 mm cobblestone. Reach 2 ' • The low gradient,547 m long,entrenched lowflow channel is based on Rosgen Type E6 geometry. The reach extends from Reach 1 to the first set of Hydro Tower culverts(42 in long),and includes the Waverly Road culvert. • Woody trees and shrubs will be established along the floodway side slopes to the top of bank. Slopes faces are will be hydroseeded with native grass species and toes of slopes to be bioengineered with live willow socks at 2.0 m spacings(as detailed in Drawings L5,L7 in Appendix B). ' • The floodway bottom(5 m wide)will be lined with organic topsoil from the wetland including plant propagules obtained from the converted portion of the Northern Tip sub-unit. • The lowflow channel will be lined with limestone gravel to encourage formation of a riffle-step pool complex,to create microniches for aquatic insects and create potential spawning habitats for forage fish species. Submerged tree cover logs will be provided to enhance habitat. Reach 3 • A low gradient'30 m Iong,entrenched,lowflow channel similar to Reach 2 will be constructed with ' the exception of a wider(6.5 m)floodway and wider and more shallow lowflow channel. This short reach provides a transition from Reach 2 to the Northern Tip wetland area. • Floodway and lowflow channel treatment similar to Reach 2. t2 Reach 4 ' • A very low gradient,324 m long, lowflow channel through the Northern Tip of the Wetland will be constructed during winter frozen conditions. A relatively wide and shallow channel will be constructed to innundate the surrounding wetland area during low intensity, frequent storm events ras well as larger events. • Railroad Creek flows will be integrated into the meander pattern of Westside Creek at a constructed rconfluence. Reach 5 • A very low gradient,698 m long,lowflow channel extending from the Northern Tip of the Wetland toward the southern extension of the Creek will be implemented in one 8 m wide regularly inundated floodway. This reach also contains the second set of Hydro Tower culverts(42 m long) which will be built with one cell lower in elevation to ensure constant fish passage. • An erosion buffer between the flooded channel and floodway side slopes will be bio-engineered with a continuous bond of shrub willow wattles to provide erosion revetment,shade, food resources for fish and wildlife habitat. • The drier portions of the floodway channel bottom including the bankfull and low flow channels will be layered with organic soils (200 mm deep) from the Wetland, or equivalent, as a medium for planting a dense vegetative growth of emergent aquatic plants (i.e. sedges, sweet flag, blue flag irises)along the streamside over the silt clay based substrate. • The floodway side slopes will be stabilized with bioengineered woody plants (i.e. buckthorn, staghorn sumac)and grass seed to stabilize the soil and once established, will be kept unmaintained, in a natural state. ' Reach 6 ' • A very low gradient 653 m long lowflow channel with permanently flooded channel and floodplain will be constructed throughout the base of the floodway channel. • The valley will be permanently flooded by the wetland backwater to approximately 75.1 m.a.s.l., r with a spring high water level of 75.4 m a.s.l.. The valley will have riparian vegetation along a 1.0 m band at the toe of slope with hardstem and river bulrush throughout the 8.0 m wide floodplain. A 200 mm deep layer of organic soil from the wetland will provide the growth medium. • The valley side slopes will be bioengineered with native willow,buckthorn and sumac plantings in an alternating scale pattern,at a spacing of 6 m or with 30 m2 clumps randomly planted over the slopes. ' • The flooded channel will be built out into the Creek Mouth open water zone to integrate the two waterbodies at an estuary as described below. Depending on the current flow rates of the stream and water levels in the Marsh, the flooded channel mouth will create numerous habitats for fish, ' invertebrates and other related organisms. 1 r3 1 1 r 2. New Westside Creek Mouth-Creation of 2.52 ha Deep Water Refuge(2.02 P.U.) r • Approximately 2.52 ha of deep water refugewill be created with littoral zones and aquatic plant beds at the Creek mouth. • Creation of 3 zones of 2.5 in depth for over-wintering fish refuge, 0.5 - 1.5 m depth shallower spawning,nursery,and forage habitats for Centrarchids,Percids and northern pike ' and 2 pools of 1.5 in depth for other aquatic organisms. • Shallow Open Water Zones of depths to approximately 1.0 m below low water level(LWL) will be planted with submerged and broad leaf emergent macrophytes and stocked with root tangles to provide habitat for yellow perch, largemouth bass,crappie, brown bullhead and juvenile northern pike. Aquatic macrophyte beds such as Potomogeton, water lily, bladderwort and Elodea will be established by transplanting at 2 foot on-centre spacings using plants from the wetland and/or plants grown from seed from Westside Marsh or Bowmanville Marsh. • A total of 50 adult Largemouth Bass(1 kg)will be stocked in the Creek Mouth during the ' establishment period. The deepwater zones will be stocked with 21 deep or shallow water structures(root tangles,tree tangles, inverted rootwads, log cribs)and 17 semi submerged structures(fallen trees) to provide cover for all life stages of yellow perch,largemouth bass, crappie and brown bullhead. 3. East End of Berm-Creation of 1.65 ha of Pike Spawning Habitat(1.32 P.U.) • A total of 1.65 ha of spawning and nursery habitat for northern pike will be created by rremoving this area of the existing topsoil berm and reconfiguring the bottom. Emphasis will be on nursery habitat creation. The area will be excavated, lined with organic soils 300 mm deep,from the wetland and planted as specified following. ' • Wet Riparian Zones that will be seasonally flooded to the normal High Water Level,will be constructed with shallow slopes and planted with narrow leaf emergents, broad leaf ' emergents and wet tolerant grasses in order to develop suitable conditions for spring spawning northern pike and forage fish. Channels and pools will be planted with submerged aquatic plants to create pike nursery habitat. Existing wetland vegetation will be r transplanted at 2 foot on-centre spacings or through the mass movement of w plant propagules from existing sedge meadows during the dormant season. • Micro channels, to improve access to this zone by these species will be field-fitted to be ' appropriate to the conditions. The channels will be stocked with 8 submerged or inverted root or tree tangles to provide shelter and cover habitat for larval and juvenile northern pike and all life stages of yellow perch,largemouth bass,crappie and brown bullhead as well as rhaul outs for reptiles(ie.turtles). • A series of embedded chain link fences sections will be constructed at the nine inlets to ' protect the new habitats(East end berm,Backbeach) during the 2 year establishment period by prohibiting carp entry and predation of vegetation. 4 r r • The remaining berm will be replanted with oak tree seedlings(black oak,white oak and red oak)and prairie grasses to create additional habitat resources and as complementary wildlife habitat. 4. Central Basin-Enhancement of 6.02 ha(2.41 P.U.) • Enhancement of 6.02 ha of Central Basin with eight deeper water zones to provide winter and thermal refuge for largemouth bass and other target fish species(i.e. northern pike and yellow perch)will be constructed by hydraulic dredging or by dredging through the ice. ' • Deep Open Water Zones of depths to approximately 2.7 m below LWL will be excavated and supplemented with submerged and floating macrophytes at 1.0 m spacing. The Zones will be stocked with 17 deep water structures (tree tangles,root tangles)and 14 shallow ' water structures(log cribs)to provide overwintering habitat for adult northern pike and all life stages of yellow perch, largemouth bass, crappie and brown bullhead. • A series of four islands to deflect creek flows into the Marsh for increased open water circulation and residence time will be constructed from the dredgate. Fish and wildlife habitat abutting the island chain will be enhanced through vegetation transplanting and root ' wad stabilization. • The existing macrophyte community will be enhanced to provide both shallow and deep water cover through transplanting aquatic vegetation as above. • A total of 200 largemouth bass will be stocked in the Central Basin at the start of the establishment period. 1 ' S 5. Littoral Zone Along New Partition Berm-Enhancement of 0.53 ha(0.16 P.U.) ' • Shaping of all side slopes facing the Marsh with elliptical edge will be completed with followup planting of woody shrubs,trees and emergent aquatic macrophytes. Alder and ' willow to be cleared from the alder thicket will be used where practical. • A total of 530 m of shoreline edge will be scalloped over a width of 10 m and faced with ' granular substrates below the waterline of mixed grades of fine gravel, coarse gravel, cobblestone and boulders suitable for fish and invertebrate substrate spawners. • Submerged rocky shoals and woody debris will be established in the littoral zone as shoreline cover where no vegetative cover(i.e.water lilies)remains. A total of 8 shallow water cover structures (root tangles,tree tangles)will be placed along the shoreline. ' 6. Northern Tip-Enhanced Access to 1.81 ha(0.77 P.U.) • A transition zone along Westside Creek through the 1.81 ha retained northern tip will be established that has bankfull and lowflow capacity channels. Construction will occur during the winter to minimize vegetation disruption. 7. West Basin-Enhances Edge Habitat over 0.85 ha(0.17 P.U.) • Two deep open water zones will be constructed with vertical wall dropoffs along the cattail clumps to increase the net overall area of edge habitat and increase access to the fringe areas of cattail clumps and habitats in the overflow floodway. ' • Two zones of depths to approximately 2.7 m below LWL will be excavated and planted with submerged and floating macrophytes at 1.0 m spacing. The zones will be stocked with 4 I deep water structures(tree tangles,root tangles)to provide overwintering habitat for adult northern pike and all life stages of yellow perch, largemouth bass, crappie and brown bullhead • The existing macrophyte community will be enhanced to provide both shallow and deep water cover through transplanting aquatic vegetation as above. 4 8. Cattail Clump 3 and 4-Enhances 1.19 ha(0.12 P.U.) • Portions of cattail clumps 3&4 will be excavated to provide edge habitat,cover,open water habitat and greater edge structure. Isolated islands of cattails will be retained to allow greater edge habitat,terrestrial habitat resources and provide vertical cover. • Create deepwater zones to depths of 3.5 m in areas of excavated cattails ensuring distinct drop-off structure at points of elevation change. 6 9. Backbeach-Enhanced Access to 2.88 ha(1.15 P.U.) ' • Access channels .3 to 1.7 m deep(74.3 to 73.7 m elevation)will be excavated throughout entire length and area(2.88 ha)of the backbeach sub-unit. Construction will occur during winter freezeup to minimize impacts to vegetation. • Permanent water channel linkages to both the East End Berm(South Berm),central basin and outlet channel a minimum of 1 m wide and maximum of 4 m wide will be constructed. A series of embedded chain link fence sections will be constructed at the nine inlets to protect the new habitats(East end berm,Backbeach) during the 2 year establishment period by prohibiting carp entry and predation of vegetation. • Adjacent to the remnant fen community, construction will be strictly controlled to avoid impacts to the fen. Protective fencing will be installed to prohibit vehicle traffic from the fen and delineate the protection area boundaries. 10. Overflow Floodway Channel-Created Shallow Zones over 0.35 ha(0.21 P.U.) • A low flow channel will be excavated within the 12 m wide floodway to a continuous invert elevation of 73.5 m.The area considered to be habitat is to be 0.35 ha. • . The low flow channel will mimic the design of the floodway channel of West Side Creek The meander pattern will be irregular with small offside channels,blind ponds and dense emergent vegetation. • The floodway will be constructed to a width of 12 m at base and will be flooded at the marsh interface and slowly increasing in elevation until the control point at Waverly Road at an elevation of 75.68 m, a distance of 250 m. Organic soil from the wetland will be layered to a depth of 300 mm between elevations of 74.0 and 75.68 m.. ' • Excavated cattails from marsh construction (i.e. clumps 3 and 4) and salvaged sedge meadow propagules will be transplanted into portions of the floodway at the appropriate depths. • The Overflow Floodway Channel will provide water depths rangining from 1.5 m to zero during the summer to encourage the establishment of diverse vegetation similar to that of the existing sedge meadow where the land is above the normal water level. 11. Mitigative Methods ' Detailed mitigative methods will be determined during detailed design work and submitted for review by the Ministry of Natural Resources,Central Lake Ontario Conservation Authority and the Department of Fisheries and Oceans,Fish Policy and Habitat Management Branch along with the design drawings. Initial mitigative methods to be considered are as follows; • Dredging of existing wetlands to be completed by a barge mounted hydraulic dredge or through the ice with an excavator, with dredgate deposited in an abandoned portion of 7 wetland for settlement. The dredgeate will be deposited to a location,and in a manner such ' that it will not re-enter the open water areas of the marsh. Where feasible,work is to be completed under dry conditions; all water control materials, (ie. Sand bags) shall be removed from the site, • Construction to occur primarily in winter and summer when fish spawning and bird nesting /migration are minimal. Reflecting the cold water status of the Lake Ontario fishery and ' potential for silt mobilization,an in-marsh construction constraint of April 1 to July 1 will be observed for using heavy equipment in the construction of the wetland so that impacts to the offshore fishery and nesting birds are minimized. • A sediment and erosion control plan will be established on the detailed design drawings and will be adhered to by the contractors. This plan will be reviewed and approved in advance by the Ontario Ministry of Natural Resources - Aurora district and the Department of ' Fisheries and Oceans,Fisheries and Habitat Management-Ontario Area. • Machinery working in and around water will be in good working condition, free of extraneous grease and oil and will be refueled no closer than 30 in away from the water, • An emergency spills management plan will be prepared and implemented during construction of all habitats, • Where possible (ie. Creek Diversion), water flows will be diverted elsewhere while the bioengineering works become established, • The existing remnant fen will be protected from intrusion with stout fencing during ' construction of the Backbeach access channels or when machinery are working in the area. Similar natural areas will be fenced and marked as restricted areas during construction to protect sensitive vegeation and wildlife communities.The Hemi-Marsh within the wetland will be so marked following installation of the partition berm,and • Transfer of fish and vegetation will be under the direction of the supervising biologist. 12. Construction and Establishment Timing Construction will occur primarily in the winter and summer months over three years beginning in 1998. The Creek valley habitats will be stabilized with a minimum of 2 years growth of bioengineering materials prior to moving waterflow into the new Creek bed and closing off the wetland. An establishment period of two years will follow primary construction to allow plant densities to increase,sediments to stabilize and repairs to be completed. During this period,carp- control fencing will be erected at the Creek Diversion,Creek Mouth,East End Berm,and Backbeach areas. The establishment period may differ among habitats as activities such as fish stocking, weeding,fertilization,fencing,will be required. 13. Detailed Plans Detailed drawings of clearing and grubbing, survey layout, sediment and erosion control, ' 8 landscaping,culvert works, channel morphology, floodway design and habitat structure details will ' be submitted to the signatories of this agreement for final approval by November 30, 1997. 14. Monitoring Plan ' construction monitoring program will be implemented to assess the success A ten year post habitat o g p gram p ' and utilization of the reconfigured Creek and Marsh covering at least three spawning seasons. Population changes in the indicator species as identified in the Report will generally be used to determine the level of success of the project in achieving no net loss of productivity. Automated data recorders of water levels and temperatures are currently operated in the Marsh and Creek. An automated weather station was installed at the Blue Circle Canada Inc.Technical Centre in 1996 to collect data on rainfall, air temperature, wind speed and wind direction. The automated dataloggers will be maintained throughout the construction,establishment and monitoring ' periods. Air photography will be conducted on an annual basis, and at the same time each year, covering the project life span.Bedload sampling in the Creek will be performed at ten permanently monumented locations to determine sedimentation and erosion rates. A Pre-construction data collection program will collect the following information: 0 Inventory the fish species community using 3 foot hoop nets, fine mesh seining and electrofishing using a standard level of effort. • Water and bedload sediment sampling will be undertaken in the Creek, both upstream and ' downstream of Waverly Road,and within the wetland to establish preconstruction levels of suspended sediment and associated particle sizes. • Records of the following parameters will be collected at the water surface and just above the bottom bi-weekly during the ice-free period to chart the rate of turbidity and primary productivity increases over the growing period: Dissolved oxygen,temperature,pH,secchi ' disk, turbidity. Samples of the following will be collected from mid water column bi-weekly during the same period: chlorophyll a, particulate organic matter & total particulates. • Spring pike spawning activity will be documented to determine use and locations • Monitor under-ice dissolved oxygen, temperature, pH and conductivity in standardized locations. During the Two Year Establishment Period,installation of long term monitoring apparatus will be conducted along with inspection and maintenance of the works. • Place gangs of four sedimentation tubes in five locations within the Creek Mouth and Central Basin to chart the accumulation of sediments in these areas during the 10 years post construction. ' 9 Inspect the meandering low flow channel,side slopes and bioengineering works in diversion channel ' for stability of the channel and valley walls. Collect bedload samples at monumented stations during six event flows. Install concrete monument posts at ten selected locations along the Creek Diversion and accurately plot the valley cross sections to establish the new baseline conditions before abandoning the old creek bed and initiating flow to the new channel. Install gangs of eight bank pins on 2:1 slopes and survey in to measure relative vertical rates of movement. • Inspect plant beds, grading and habitat features in wetland and implement warranty work ' by the contractor prior to finalization of construction contract. A ten year Post Construction monitoring program will be implemented that collects and analyzes ' detailed performance data to be collected in years 2, 5 and 10 following the establishment period as follows: ' • Survey permanent monuments and bank pins along sections of the Creek Diversion;collect geomorphology monitoring statistics(cross sections,velocity,erosion rates,offset distance) t and inspect bioengineering works to confirm the rate of meander migration and slope stability. • Collect water samples at five of the monumented stations every 500 m along the Diversion ' Channel and at the Creek Mouth outlet three times(seasonal)per year; analyze for Total Phosphorus,Soluble Reactive Phosphorus and Total Organic Carbon. Collect representative samples of streamside vegetation biomass. • Conduct instream sediment sampling twice per year at monumented stations during event flows to characterize the bedload of the diverted creek. Map the depositional zones and ' sediment plume on digital base.Analyze sediments for Total Phosphorus and calculate mass loadings. • Records of the following parameters will be collected at the water surface and just above ' the bottom bi-weekly during the ice-free period to chart the rate of turbidity and primary productivity increases over the growing period: Dissolved oxygen,temperature,pH,secchi disk, turbidity. Samples of the following will be collected from mid water column bi-weekly during the same period: chlorophyll a, particulate organic matter & total particulates. • Inventory the fish species community using 3 foot hoop nets, fine mesh seining and ' electrofishing at standard control stations in each new habitat using a standard level of effort. • Spring pike and early summer largemouth bass spawning activity will be documented to determine use and locations of spawning activity. • Inspect created physical habitats in the wetland for physical changes and plant colonization. ' Review the long term creek flow and water level data to recalculate the water budget. • Fish habitat assessment will accompany the field efforts to document the post habitat 10 construction plan and profile,including depths,substrates,vegetative cover and other cover ' types. A digital air photo map of habitat features and vegetative communities will be developed for each year of the program with an overlay of the habitat areas so that long term trends in vegetation encroachment and sedimentation patterns can be observed. ' Reporting will include interim,cumulative monitoring reports will be prepared for submission in ' the second and fifth years following the period of establishment. A final report following the tenth year of post construction monitoring will integrate all of the results of the previous years and provide a realistic summary of the project successes and failures. These reports will be submitted to all signatories of this agreement by June 30 in the year following the major monitoring periods. 15. Plan Deviation It is understood that constraints may arise which may result in a deviation from the proposed plan. Any deviations will be discussed and approved in advance with Fisheries and Habitat Management- ' Ontario Area Office,Department of Fisheries and Oceans,Burlington. ' The Department of Fisheries and Oceans,Ontario Region,will: provide advice on the proposed projects and offer assistance regarding interpretation of any aspects of the "Policy for the Management of Fish Habitat"which will require clarification. The Central Lake Ontario Conservation Authority,will: ' • review the detailed design drawings and provide written comments to Blue Circle Canada Inc.and provide advice on sediment and erosion control as necessary. ' The Ontario Ministry of Natural Resources,will: • review the detailed design drawings and provide written comments to Blue Circle Canada Inc., ' provide advice on fishh transfers,fish stocking practices as necessary and provide a fish transfer permit to allow the supplementary stocking of Largemouth Bass. t 1 ' 11 t As agreed to: Gary Gentles,President Date Biue Circle Canada Inc. ' D.V.G:lman.Area Manager Dare Departmen:of Fisheries and Oceans Fi;heries and Habitsr Management-Ontario t GIen Price Date Area Supervisor,Aurora District - Ministry ofNatural Resources Russell Powell Dke Chief Administrative Officer Central Lake Ontario Conservation Authority August 1997 page 12 ' SCHEDULE "C" STATEMENT OF PURPOSES The costs referred to in paragraph 8(a)(iv) of the Principles are the following: • land appraisals of the lands to be acquired for the reconstruction of Cove Road ' and the construction of the Westside Creek Bridge; and ' legal services provided to the Municipality in respect of the acquisition of lands and interests in Cove Road, the Westside Creek Bridge and approaches thereto, and the implementation of the Principles including representation of the Municipality in any hearings that may be required to obtain approvals of senior governments, retainer of experts to prepare reports and appear as witnesses, the acquisition of lands and interest and approvals of the Official Plan provisions and zoning amendments referred to in these Principles, and the negotiation and ' preparation of a management agreement with CLOCA; and ' • engineering consulting services respecting the implementation of the Principles and obtaining necessary approvals of senior governments referred to in the Principles, the preparation of working drawings and specifications for the works referred to in these Principles, preparation of tender material and construction ' contract documents, award of contracts, construction supervisions and performance of the duties of the Municipality's engineering consultant under the construction contract; and ' • acquisition of lands and interest in Cove Road, and lands- required for the Westside Creek Bridge and approaches to them; and SCHEDULE "C" -2- ' the reconstruction of Cove Road and the construction of the.Westside r C eek ' Bridge in accordance with these Principles. SCHEDULE "D" WESTSIDE CREEK DIVERSION WORKS PLAN ' NOTE: In addition to the works shown on the following plans, Blue Circle will plant a vegetated buffer zone on the lands outside of the top-of-bank of the Westside Creek diversion channel as follows: 1. For Westside Creek Diversion Area A a) at the waterfront trail, between Waverly Road to the first set of towers, a planted vegetated buffer area totalling approximately 13 metres wide generally comprised of approximately 2-5 metres wide at the top-of-bank and approximately 8-10 metres wide south of the waterfront trail and planted with mixed deciduous tree and shrub seedlings (short varieties as per Ontario Hydro approval); b for the lands west of Waverly Road, a vegetated buffer area approximately 2 metres wide at the top-of-bank planted with shrub seedlings 3 metres off-centre ; and ' t all other locations a vegetated buffer area totalling approximately 10 metres wide c) a s g g pp y ' comprised of approximately 2 metres wide at the top-of-bank and subject to Ontario Hydro approval 8 metres wide outside of Easement Area A to be planted with shrub seedlings 3 metres off-centre. 2. For Westside Creek Diversion Area B ' a) by the Marsh Link Area, a vegetated buffer zone approximately 10 metres wide comprised of mixed deciduous hardwood seedlings 3 metres off-centre; and ' b) between the Westside Creek Diversion Area B and the quarry, a vegetated buffer zone planted with white spruce seedlings 3 metres off-centre. ' -1- rr rr rr rr r �r r rr r� r� r �r rr rr rt rr rr r rr , Place rioted will" sock9 rirnvd Bed Nourishment in drilled holes .)tong toe of 2 layers of Wn}m rip rop Bonk over root -rd Flpanded Plan Yew t ', Detail et at Sm p c filter I Om o fabric - Lrosion Protection - aPe detail below y, I �-<' f'•• Y _ _ e detoil Ihrs sheet. r ---T 1 1 ..'I�'`'{ •.L s ll ww ; 1 v v• E 5 5 fall �__... � .... , '•..i r .-, �n r ��_ "a 4,�� ..,� � tw gthrrs :f u r �► .J PLAN It SECTION I+200 Rn«.rues«e.n.ae.ta - LYl w i` , h v -fond Ih �Vt vrt 1% .,rpte4a JOPwn MN wrtMK I 2 80.0 _. .'t�.-.. .!,. ubmerged tree covers ? s. as detailed on sheet L-7 79.0 — w ioam ..,1 TQWER= Place 200n}n} deep orgome. - F1 At _ REA . s f WucN 7R. ?4P Ifd 9 PIOGe 1)Om esignate0 .•.,.. ., •N topsoil stripped J 3 2 1 u 1 2 3 4 5�- _ 92 _----- ..._. 88 N as 84 i c4 Lw F C O List- 11• e w ' •0-18! 7E .............. _._ --- 74 1+00 t+020 1-+040 ....._..1+1Ai0 I+080 1+100 1+120 1+140 1+160 I Igo r+o 1 .?7 1+220 1vd 7f� Ix� 1 '80 1+300 1+3-10 -1+340 sr5 Y+Opp PROFILE `00 /3 3g 48 4 9J,, J q. r8p8 Rai:. .aoo 84.0 e.ewn.d .w owe 1 t p"l 82.0 84 0 .. -.__-._ ._..._-...__... C 820 ........ _.- .. _ )I _ 6...1 e.d -e flnn.nl •.. f30.0- Do Iww rt Mt �JP - �E^ -'_......'I ..:.. ..�J 17—M iY•.•1!Z�f 7.21 _f •a'll!l+i•C. .e< TP ....1 C •... ama . vl 1 c..~..n. - 4a1 70.4 - 76.0 .. r.TIQM if+ 1 U...L..A-A) 5 woI: Rai.f 6.0 ts I 7o EvE a TI MlJ:qu_10± 1 0 u..U•w r'L i7@T-@- IS TP S 1 - c.an•wR^dwf Ilwfa exwN . •ti r6 - •1 l _..� 1..a1 1 1" _ .-a J 1.1n a StrNT d.M1. IfpW ,+IW feld I+IW I+MM1 1•a111 E..,adNq. 1+IW 1+sn 1--1 l.9up I.aW t+6Jf . .. I.» In ps I" 1» j ... ..- _.. .nn �., .. ..... ....-' ......._`� _... M Prm ram s: s n n C) s _.._ .. ..... now. 1 • """"[Ll -... �' } -�._ -- Ywn.lw I,.a,.n.. ..rwll. I1 11 r. Il In• II 1M a •n n. N.+xnN er.•i .. ..... .. 1 la r ✓ra t 1� p. .... \ -_..... I ... Ran^.e yn.ewq 1 I : I e I s + Iwn 1.,W nvn Arno .a..••1 1.»t 011t plpt pUN< Dm1< pelt R•Ilh�—.w 11,111 010. Bend ot ty1.. 1nN.tJ.R.af N.YM 1•MMw tw 1r. .A.nr nl ..m41rf IJ Ro Mu1 I.,— ..•eat al !•I I \\ !nsl M MO 1RN.•t ,...,�min _.. ........._.. -___..—__ Iran. .« 1 ..naf.. trnwnw•xI evW .:fe.•. »M n aRn•vn�Son,Myer _ '.--- ——_ _ ...__— .____ _ ... _ ST,r11tr2 WANT ooMautlol w j tow aow clue E- Z' L :=__:7-77__ 0 X_ XW Alp, U4-illo- Riottle,biong 10�i) rn QFl 8ni(Hj Per detail toe of slope ci� j L. E B(')t TWIN C1'N'PE� :Utl"T,11 CENTRIELINE OF Pl+ m deep ­:�rgcinie topsoil sti Lap? -VILM ;OLAA.' FLO.60EO LOW designated 2 layers of 3Q@Rnlrn FQ16W CHANNQ,"' -4-1*.-fit ter 6ric 'J. tilt+ Mitt,it- We P'. I piropqg��5 -rap (TYP) P Deciduous shrub transplant see detail K v ' %J 11 r% Deflector lam — locate and place 15m hardwood tree along centerline of lovillow channel embedded 0 in sediment. A, SZLIM(F) r-r;.,OF 1.8;'vH) x 6. i,, 0)) ------- eox q'I rs T N k,6JNCPETE PKGPZPWT ao-rpm Place 00rnnn topsoil op all ex osed slopes 0 hydros d with reqeneriptlon miI cs specified FUTURE to+ WESTSIDE CREEK Scale erosion contrIll- I VILIA U DIVERSION DETAIL W see dcta.l (')N AR101 H t`DI k) CORRID0 lo A, PLAN ................ ......__._..........._--..—_.__..... LOW....... FLOW CHANNEL '42 DIVERSION DETAIL ........ ... .............. .................. ............... ............... .............. ............. .. ........ .... 84 Sim so ... ....... 78 FLI ................... .......... 76 L-n..U—• A- ,4 1+353.8152 1+360 1+380 1+400 1+412+429 1+440 1+460 1+480 1+500 1+520 1 tr`'4(j 1 1+580 14600 14-620 1+640 11-660 1 f 680 1+391.5 2.0 1+46 5.314 1+50}889 1+546.334 1+574• 1+618 1-+6V 131 1 1 %WAE*GES>TREE COWIR f SUBMEROFO WEE COVER CABLED TO 20TOa,n CAMLIII 10"a"_ sAMMEROED TREE COI PP.OFILE 78+,3 �T awk LEST e.w VrIff. 1.200 500 77,0 As. i�;I�.Vff'P- OVERMED I IN REV LAR M. 21—"11OR WAI AL 11;TOE OF SLOPE RSEU "A"I IAILA. 7f;I) C 0 Alla W S Or MRAM S itirr(O V! ATE I AREAS )OUREFU*r) A TA �-X 4 1 0 1 2 3 t 5 5 4 3 1 2 3 4 1+500 SCUION D D (1-f 0) r rr -ar �r � -r -r r� -r -r . -r -r -r -r -r �■r -r -r err ' It , Cn 77, x o r-x - too 00 COO r, )r— L 47 o m- II f• 1' �� ��`X��-t- P — 0 •1A^1 `�m,n I �•;''•: �� Place 200mm%Jrep 0rganly topsoil -- Y I stripped from 'Designated areast� Remiive existing ten r.��.''- i; I �---) �yF live plant propd�ules. 1 wI NORTHERN.;'fIP,'..WETLANQ"'`y , I ji t ; Da not stockpile,, to o�plicatio?. I I }---r-kemovo existing lence .:.' ht70,1!" , I� , '1 I ...'.:..... I{ 0 , , ,.�Lrr�� rrMr' ' 1 I 1 I I top Qa `i t ,� 11 11 lit X /•' N %'INN •� ,Il H4s'*o52eJ'•,slopestwith 1 grJyndcovei,mix 4 1.::::::::1 1: -�r •r w t �n f u S- speFiNed, 1 � ,'',1\, �0 i rx�^ !� I '''•.�.](-.:�\)�(/•17�(t y,lM, � L°,, ,' .� 'll I ,•� 1' E `�J� Excavate channel only. j All work Stn 1+700 to 6 j Stn 1+900 to Dr 't` 1 �-.- Live Il31, waitles''�o 2+ ', 1 •� J completed Burin frozen �'I ',toe o sldQe to Stn',2+000 S' "n G� � �\%1�•� .....c'ondilions. ''I 1 Y/', .�q� 1.m •� cc s ' ,• '., FOWPE Place iopted wilfpw sock3•.in-��'•. r., y r '^.IAp•,A drilled hdlps 0004-eleval.i'. 76.0 offse';•.of 2.5t'q spacings. •:( '''`' `� M ,See detail. -IN w I °3 3:1 M I ..- t`` Trd scale ,josion cohtrol ~"tire•^ . h.��•r�.r:� y5, sea',deloil .y-.. � 1 - to 77.0... ...... ......._... .. ... _.._txw< -i.`n ctmne... 77.0 ..n la<.a . .. ... _._, want,,, 9 PLAN G'tor IrwWd _k . rUANIt-+1Nr 1:500 7610 76.0 •t: 1 .` -... 75.11 4` 3 •,' 0 1 `.Y. ; `4- 713.0 t�-`,• L '.__. -SECTION E - E Y Sae 1:50 d"a1,,,'„"�«a`,1'°w"` SECTION F - F Scow 1:50 '°^'°'•`90'OFani°^'4"""' 92 90 _... . .. __..... s a 84 f Et La r 'M 1( `� Jill rw <lw 16 .MI - 82 (tun twL _..__.__-____.___.__ _-__-z y,.:_.'�iA._ ._.-.___._ .__ _.�...-_____.........__._ t.___�_.__-_ ____-_... rl _._ _ _ ywb li 1.3 80 " 78 ._.._...._. .. _.......... . -....-._.. _....--..... _........... ......._-.___...... .- __. _ .._-. .. .-........ .,.....__.._-. _ .....- ..........._.. __........ ._...... .. .. .. 76 _ f.6,n n...a 0.Ow,N 1 M.9t g»ry to e-ff oTlx '7 x x 4 Jg� 9rS- _ � ,J. . !x"6clo 1 x 1+720 11 740 1+760 1+320 1+ 40 7, 1+900 1+920 7x9ep 4'J 1+96U t1 . 2+00 +040 1}67 ' ? 75 ' O s 2 663 u PROFILE ----- _ — _ ------ - --- - - -.It► •tt Hari:. 1:500 -_-- - -' Vert. 1 200 OWAM WESUIO!CITE LOW ROW CMAMM o-1 ., _r Pht 1, R(Ft�}�JC-'''i>mC4� "��P rJ T�JL-I MT—tOWE _ R'k U �+ , `' s q. _�l •• r+•• T '•. ~ ,` ,';C•' i--Place •OUmm de'p organic cP� /.: •6S i.• ro.• ,.,,'.�., .`>� �_•L•'�: l' trgso" slr',pped from J' I• ,e'�.'�', _'s:� `� L:' designated areas with y• �?.�Q,l� - _ -��, r� ! live plant propaqules S // ✓ r! 6°6�, -I• °'�� `- �.:. .! �•L �s'�,•Ir Do not stocl,pile prior Y .�.,.t 'wk_.(. to applicotan. •• - .v -,_... 1 '' :, t: .'•••• _ hale erosion c,)ntr:b fYP x.. �i �9 �,• Z �••' I �•�• - and hydroseed slopes 1YP Scala erosion control TYP—-- 'J, �.' ..�3_ Place 700gm f m coir fabric i 1 r- and hyd-see d slope Tw ko ele ali n 81.0 and ups le(IIII / 1 fix-wiii 90m A, 00.04uous shnrhs fiG Y • 1. • l .,•, wedge uni 4`iUnu 1 Ivy : willow stakes 1,0m 0,C.. 2 / s �•:� �rs r'� P.onted willow zac4: TYP -Pia 7p0 m 1. coir taGrie'r qr � j�• .•7� to levution 81,0 n71t!-R(ownstream Y.�.•S.•. •h •<• -`\o U I Place 200mm deep organic a'y a I Om All with 300mm woody n •;1' ac I ' •/• -'--- tatf soTlstripped h„m _� wedge stakes and 450m" �t•�?,• •�1`. �° � 1 willow stales t.Om U.C. ^ •' .' >'� -designoted%)reos with �. ° J,. live plant p Npogules. •; I Place 200mm deep organic topsoil •i.'' •) k• _. (_ ~10 Ro•,led wilWw socks TYP- Do not sta:kp{Ie prior `i`'. Deciduous shrubs TYP—v �-� stripped 1rrNn designated mras -to,-app) •'• and .irieened. Plant S�icpl,w...specie:- •1• `kola erosi,M Control TYP and hydroseed slopes TYP ••.� ,;"J O.6m O.C. from sin 2+.',50 to,2+440 ••1• `'{'A _ T=) Scale erosion control T'rP \\ 11 and hydroseed slopes T`M? •�' aF• S __ ivl�^.,ga�oraea C.n�.ar' ....,(:? rl _ r• p��l\� Wag'Say..•— M F .N- 'fMn anr„� \ i • r:' •' 213j IIw Rti SLOPE — _—��- — PAP! 1:500 •PIry1 double row of-- 1 _r1 1 WII, is lrl T,PII.At RIN)TFO WLLOW SOO, wh l 4'w a se lint's �G alu as t s Yc h"A's 1,,. .__. ..._.... .. ._ 86 s>€6 ...... 90 _ _ ....... I ... ._ .._. s ..___ _.._ .. 84 ._. ___• ._..- - _ ..._ ..... _.. 8: F0 __ ......_. -- — _ _ __—— ._ _ ._..-- --— .—. .._. _ — — ... .... ._ 78 ..... 9 ..,.... ... 76 r rB.... •L--__._ _. lttt� LLuWLl.l.fl. _... ._Q— 41K— ..._• _-- u 7—.✓�w4,..•'_J:y Urw Ban )4 i1 1.:1 ....' inN a O.,I.t ....,. Y1._�. •rr YOM[ 5::. l.no C, nr.N♦.0 13 ._= -... _ 1 t.1 4 -�n.,nnN lWhwn ,� .. • _ - +Ie'Q .+200 '., -1 ^' 2+25u ".:'♦51:11 ..+S'I. / r^;. .y •y P R t F I L is a n wuers eF.�ll}cawalea,a+ ""'(rlU►q p 1 -- 1 -- -- HOri2. 1.500 — - l WFATSM OMM LO-FLM C-AW ELj Vert. 1: - r !I'lanh uli ri Jeciduous hardw.wd seedlings as Scale Erosion Control Tr'onsplonl bulrush spec ie5 stu us,]Culus. S. "Aidt.p. S Vurn�Mi, CENTRELINE OF 4• (tied in lom toQ10 o1,1 1 of si e, S.Om al:. _ _ See detail this page. S. tluviotilis U 6m U.c. rdna Y4r-'ocrss it •in _-- _ r� 'pec _-- - —-- t 7 FLbW CHANNr t t��+ a =rte.-�'1='�:�,'� '. ����`. 'r=�-J � �=�=..../ � >�gin, ,f •.• - -'T � o • •. • - r-r \ N 1 T415 W 35.92m ` _ ELTURE. 'IDE SLOPE t);QUAR�Fi t t- ----- "'RSpond hydr geed slopes with i•• - - _ Q Plnnt double tows of P( t EC'1 O Ia.a roundco(, m •3 SM11 eYf - - t willow.,ocl.s a1 r white spruces sea]bngs , Pionl randpnized 1.70m' (lnts-zi -"- Ir. drilled holes o`F:ovb L'`tev]0 an.9�NTZ F -n -- -' yli ea rer ]nil Shllitr X`n1� alonL top ,t buns. rt11xe0 lree Ln'J'SliruG s - 1' '.-'"-"-`- p ;. 1 f t 1 p � eydlr 5 'F-'t.4Pi..'---' 75:5,vffsW...uLy.5n1 5 rmri�s. _ 3 Om o.c. _.- '` totalling 30Z�t^Duel r area,.'-'-_" ee Detail , L' totolli 3W€•�f o el J a ..... _.._.. ....... __. .. _. __ __ ... ... 92 _... _......... _.... ... _._ _._. ._ 90 88 ........ ._........ ..._._....._.__ ......----...._.. .... ....___ —.._. ._--- - ......_....__ _..__.— .__.._.__ _...__...... --- '- -..._.__.-- --....--- Tyn•F.1 Le Ib.Cmm�w 11 w�•YI�4.WH «.dalaa of 141 G alolnr L•Ma o� 84 _ _ _ _.. 94 ia2 ---- — —___._ --_---_ ___._ .______.. .. _..._ ..._ __.._^___- —...__........ ........-..... ........_ .......... _.__.... ___ __� _._-. __....-.. .._...._.__.-_-___----_ ............._—__.__.__—__.._._ _._._...___. ..... ...._.._.._......._.. _._...__ �..._...____...._ _..__.... _.._.___ ..._ 78 ___ _.... ....... Jam. ..__.. ......_. _.._..,... ......... 76 ._-............ ..._........._.._.__ __.__ ..___..___._..__._...__._._.,._.._.�_—_._.._._._____._..._..__._ _.—._r._. ._ __._. ..__._ _ ___...__ ._ ._.... ._._._ 1 iLUU:n o des, 76 74 .1iss. ._ .__.... ..__.� _..... 4 2x440 _+460 2+480 2+500 2+520 2a 5a0 2+560 2+580 2'L.L, 2+620 2+640 2+660 _ 2+690 2+700�', 1+740 2+760 ?, �. PPI'd LE ?� M H,xiz. 1+500 v 2Sn,1q.ca«n un a(M—i Yett. I'.200 Tr«,apanl:UO,Yn aw aawY,ya 93 Tyradl In _5 w 92 ..._.. _, rncw+''.an ae m -- 83 IJ�a zoR JnJ: ._ . r ibe'It q,tuei n ... __....._. - _ ml.lw• •p«IIW \� q E YMn• f c le planliny benln.)0(Ymr BU .. ..... ,. .... .Ail.C4Ik h konneeU, +l -'JroV Fit+iN ayyuunnK iaY aA I —. — __-^—'J .w w.•-_ ml•v. yl•npaJ.ba.'1 t Jnn.J Nl.s 4 / a nl / 11x« VI MWil9f'.11n�n1 P,upuYAUPIa^t rnal«� rIM,V H 'nY Va� `Y4Q9X. ed cs4._vr 0 :. \ wl a to.,f pall slw.«I f um Irl 79 78 m. tu_ L WR w u OR pnl. �,QIJn I.ma y �'�'-��' - t - ' w 77 .;. � 79 -�vbnl nutlw ahruD« / .. :�mo�•rw�. 4 a•e• ��r y,•. ].Ihn Tr...l•gy«a a«w.:iaa.f d•IU1N t 1 .r„ — A H I 76 ...__ _.. .. _. _. _.._. .... ...... ...._ _..__•,.. Plu�l"su,awrr ww�.. 7 0 I u U 3.0 4 0--'-- - - - - .. n«..n MW1 naU s4�! n maw.w 1 7 _'--z.. .... _.. .__._....._ .P 60......711.. 1)_ ..9 0 11,1, 11 1j.. 12 U Ro.l•J w ..1 � �-� rol«! 151 ly • tag uai I:M -. - IUWn 75 - t ra ail 1�a Hwn;J ui: :n•. .... STATION +ECttiu ELF r4 Ch!N CALF ERl1:.hall M.H �I l a•nl n�aa .JI«I•.W 3 e.:..15 - ?('ALE EROSION COtJTROL PL N TINC Ah'.RAPIGEMFN T PLAN TINt_. Ill( C L 17 J. _. U t0. _ u _40 ceuc r _i.roarr.nr ..• j N.� ' SCI_{VUI4 G I, (_•+�.ut)l °�n'`�iO1,' T'lIOE CNEEIt aresrar �aow aawMK r rr rr rr rr rr r �r ri err rr rr r rr r r rr �r rr '. Deep Water--Zone ,` `T d' ," transplont�th�-€ollowmy -'fir ' _._ I Inrl� _ �. os.,p-6 specifications: %'y, y Nupt}or Flegat Aquatic Macropytes -Shallow Zone transplant G'ii um Z l4W6ph¢ea-•-adorata I nsp ant/pluRt the Following a> per tra I - Floating aterlilies s p- ificatians: � � PotorFiog ioa l�erCfiFa d'ii p - potame�eton.peGt+r,attls �- Utriruloria vulgaris `rr1 wide_.Nestinn Zone - Alisma plantayo aquatica tar"torgemoutl,"boss Lysmachis thrysiflora kj " -- �. nge Ceratophyllum demersurn • _. ? '� \ +�„ _ _....-.2358im N iT37.00' W = t� l Geo f ute over Willo •�K\\\\� Y- .0"' t'>-"'_"_ _ - _ -'_'� - _ _I,JNInf low• _ �a� .. OD 4 _ T -41- q. ,' .s: __ ✓�` ��.°� �,'>or".,^� ,�-+-� Remove A d?r I ��Y n ~?e shrubs and regrode II ^. 1 1 c < .��� ,��� }_ .,L- �' • ��f'�•I�E�� ���_t�N• � s directed on site cl .'•. <, •--�" _,.` /j�- �, i/ -/.� / k \ 4 74.0 a rVery Shallow Zone LEGEND lru+,splont the e-,1. 9 --t.g - .� M ii».K, j � � •'. .' , ` , .'.' following as per :'roi«b: . . 1 • ♦ /� • n..- ._.. — _.."..- . p lino W • ' �.�-i_.y..ti..._,k..a . a • • I .1 S flCatl RS G e, _/ t*� •,• ' Saggitariaalatifolia • !1 •� - 1 ^�_. .......... ROw MOM J Excovate•'Finger' channels nt "��i1 , , • .� 9 PalyyonU omphibium stm.w.e Rem+q.e.ua ue I into Alder Thicket at the .��, -,�,.','.,:�-• t nlygonl.tm per iaarn direction of the site .i„ � Scuttellario galeriCUlata LX. a biologist I.1�cxinn v?ricillottlr �,�, r•»'«"n n. ',-100rnm deep 5 - lOmm 1 p„rgc,niurn k°,.rry,arl.nlnl `i Transplant Speckled Limestone screenings 5m wide Nesting Zone Sium suave �si for Largemouth Bass Impatiens ca.ensis w Alder salvaged from tOm wide; Nesting Zane } t (' r-,- site to toe of for Largemouth Bass Arnrus nm�riccuv�a r '---Ed Wetland --, Pariiti,",n herm g e of Existing Ei,lnnws umY,�llatu> i 88 _...... .. 80 ...._-..-.._-_..-..�._ .-_-..__-_......"............._...- _.. 78 ......... .._......_....._-_. �._ 1 76 — - _- - - . 10 -- - .:a;'�� 2+5fl0 J+000 3+0�0 ;+ 40 '+u(u 4n.•J ..�. txt J*/ �- - F ?'v +RAO .•�9 ,y^ :+9-'0 Ir 9' II 0 V 9q ri^ ,l k�., " yY�:v .__. ._.. --_�. V - _ _5T M11RY'S C7:14NT CCMpRAl10N p-gO�•IYw PROFILE • 1: — — — 1tEtTt10[C11EtR oltrllltlOM - « MW CMM mom t .... tt Vert, 1.100 Y ZPw•Px ROeI _ x rP.• ti 1 IIR wx/R •r ____ Fa�Frwr,.T arr.wF —_�—b rP2 O�0 n,R aP•T,,, i r-11—we wF,+f•MM MR P, trwn. Yir> Ti w+a, v KT1Ile a�d�A t W� �r : sc IrtKV•WrrroR Ale xw ,I a P ,a +f�4.F` roe rrPnl Raws[RS eouya¢ - I �rwtl�wrors�w f .van Rana,wc - - 1 si,' RaF alai K YwRO lTe - - I la4 KWMI Y s r-w.a•,1,n.1 -.s —'a.S1 m - .:.1-�•��,�� \ `_ \ wiwOR.io4 ro ro[ 1 p NI.fNYyin�1LP W M drwtY IKI M �_� � '`` _ 1 PK.wq,wV.u,rap rw Ow•P,A/••er@ AF \ lyww q�NA rW fr/l�urR!R IewMrlr.trr[.w to_a.r rPi w0Y uC M tl — —.A R6+• WEDGE SraKE DETAIL Ferem fart ww,Iw•P.M to ruc r e•,tlW rrY•Far w wtl -r ualai•xxM•eP F TCtlrU,OM. rlltl Lf n t.r , pe_ypw•PA DETAIL 2 - SECTION w+w Glu,tl tl, %.nUlfD FK"asw IOWA" GEOJUTE OER TOPDRESS SEEDING MECA PJ .;���+.a.••,: •r a„euR I asn taro• wx +wvw u....,w rr tl•.. xo-.00w P.. Pti tan m: .Whom „nTR,,....r..nv.wx..x r tl e...,•n•.w...r.W x.ro.,..�:Fat+:.`..` Par•w war mr.cao .`5w q O,R C.r IRS KrRrrF R'xRarRS b K MFN,M4D. - PLAN VIEW DETAIL 3 - PLAN VIEW pETAIL 1 ET CRIB STANDARD ROOT WAD P.EVETMENT LOG 00 A+w.«..a®.a r•.r...r .•w.T.r,w.r rR r �p 'o,L�M,•IDM�tit�9eM rt!+I��w r P°�r�w�[M�N�YoW�w•� //� .w W..iw »O°Wrr„m MR,R+tlf•r M r 1W,,/w,WRr yppa Mr w .•o•R r,+a Iwr ra FwT arrr rwl ware wPP u,ro y Y K r•.•rerF,r.ar,r ,car..rw�Fa.F.e•. ° 'J,rJ � u_r.wW..T.a rwR rm..rsr.r F.M+la+o.,w. f nn w.:•,rt Wm.,.irA �'r.,�aw••�.�a�'W w,�ea.ai"Ow•a rMO°vra iKwP,wi / eFC"ua�riun4rw ro�wwwa rrn w =r w=-iiwa •\�� r'r"'r,r,�>'a.ia.w' .'':•'_':F _ _ .,°iR as tl.+r`r�� ar ur ---Few DETAIL 6 - SECTION w wev,•'a°""'a'a1O0r TREE TANGLE DETAIL 4 - SECTION —2-0— — _ °^'""• .JANDARTI R,x)T WAG REVETMENT —au•ow,.aRr,w w rs e•rrr - ' Fr.,.,taro,w-m,..w Rwa,r uw � �• ._I 1 SPECIFICATION FOR WET MEADOW SEED Mx a Wet Meadow Seed Mix is� Dominants: Cona4a Anemone, Swamp MilF.weed, Nodding Bur Marigold, Spatted Jae Prom r rw,a Fir Wwr Pya Weed, Bon Fowl Manna Grass & Tall Meadow Rue esal, Dark preen Bulrush, Other Species. Common Water Plantar., Jack-in-the-Pulpit, New England Aster, Purple-slemmed Aster, Marsh Mdr4ot4,Mixed Sedge Species, Turtlehead, Woter DETAIL `' -- F;,1N AND SECTIOl4 Nemlock, Marsh Bedstraw, Rough A"ns.Reci Manna Gross. Cow Parsnip. Spotted POOL 7Aly.;_,,- - Jewelweed, Blue Flag Iris, Rice Cutriross, Cnrdinnt fbwer, Great Blue Lot O,u. UEIAli - WAIILFi)N __.__.-. IIVy WtlLilW WATTLE Fringed Yellow Loosestrile,M„nkey Flowrr, 81od.-eyed iu-al, S-11P Urrk, C--on I A,rowheod. Waal i,r ass ,rat Bulrush, Rough stemmed OoWenrad&61ur Vervain,- - - — --- Shrubs & VTles. Chrkeblxry, Veryn's bower, ilty I)agw�,ud, Wild Wxllrrlierry Mvlly, tJineEaV k ElJvrbeny � _ ------ ---_— _: JWEST.aCREWCH _ ]- M v r M v ti CANADIAN NATONAL RAILWAY _ NJ R URM 0 wr � RRR • sm{ � 1 3• • r�r�rt��rw� �� •wit �� • v ie°1 i�� SrAAl !CtoT OQlgM10 s avow oft+dM= • R•MM�•1►IM RM�R w�eew Rw[ r,•le waaw wLwn�au�nfsaaaR 3Q " O�sew° ■uer R waweo MIMCPNlTI'OF CLMMQIdI Ka �rES7 CIIlpt DrAlt" No PMMW CHUM �w MRMb 1 e rte+ y +o-m+s P7 rr r it rr r rr r r r r r r r r rr r r rr r■� - x r� p C r r� v A N AWAY CANADIAN NA��AL RA PUMM&M m.R s SLMAItYS COlflfi OdPOMTON s� MJNR /aff CF CLMWW pI 00 sva 11ES1lOE CPM DrAwam NEN PIU MtN OWINEI #A~ 1 ,u wtw w ewcw w r�-w�r+�c �r ra ua mvaiwar�rt wxMUw ..�r� r ff2'I w mw. 10-Me I to x r� v C �.rr• "� NOTE: CREEK MOUTH DESIGN HAS BEEN UPDATED. SEE FIGURE 6.3 � v >f f SrYM4S off EmOG1101 HMO M10q �Q Q RA�OYML • leg op I � v s omm CEWW oa.aa m n Nocram Or aural �a�soe CFM 0"u WW PPRAMY C"AWNL ._..��mw � 0 • p, Nawe.w�wYS��►rn.ww�c wi.r.w�a wr��we��w iary •�•wef.. r.w a e.n nn.wue.t w-w�wee .m w wa ratters P3 SCHEDULE "E" OVERFLOW CHANNEL WORKS PLAN i i NOTE: The Overflow Channel Works Plan comprising the following drawings is Preliminary and has not been reviewed by approval agencies. In addition, it does not incorporate the Emergency Access to Cedar Crest Beach Road as specified in Paragraph 5 of the Principles of Understanding. i 1 t 1 1 1 �, � Ilili110 MEMO - 1111111@ . t DO S,314 P POR KIN /��►p �; �,�I t� Sam - - v� • go logo pjlr���.'', f,�� � rii�\� e '� it � �� • s 1�11�� ilk ---:r �.������� , �� ��c;. t • Mm X11 i t GRAIN Will, - — �"'��, �`_T �'��, � - ��� Y! ►111 _ � F D k OVERF OW do P 9 FLO WAY RELOCATION OF SERVICE R AD co AV LY ROAD 1, C1J 00 0 E CLOSED r D HP. OV E WI S OVERHEAD WIRES OU 4D r I ❑ r 83, 12.Om WIDE CHANNEL STA 0+000 TO STA 0+320 .09 r r � r � � 0 t ELIMINARY 80T OM OF BANK LAKE ONTARIO WATER'S EDGE OCT 3 0 1997 FEBRUARY 13, 1996 DRAWING TITLE WESTSIDE CREEK DIVERSION ' NEW SECONDARY CHANNEL (ALTERNATIVE A) 701 ROSSLAND ROAD EAST DATE SCALE Marshall SUITE 201 OCT/97 ,:2000 Macklin WHITBY,ONTARIO UN 8Y9 DRAWN CHECKED /N/A TELEPHONE(905)668-3022 R.C.C. L.H.W. Monaghan FAX(905) 668-9443 CONSULTING ENGINEER SURVEYORS PLANNERS JOB No. DWG No. S 10-92616 SK-1 - 3 - PfffL IMINARY g 0+080 az s2 WT 3 a 1997 90 0+040 66 as z 90 90 66 as Be 81 86 86 82 82 14 60 BZ B2 7B 80 80 76 76 a n 78 78 74 J4 100 -90 -80 -70 -60 -50 -40 -30 -20 -10 0 10 20 30 40 50 76 JB 0+060 74 14 -100 -90 -BD -70 -60 -50 -40 -3p -20 -10 o0r 10 20 b 40 50 y2 I r 92 0+020 90 96 Be Be ST.MARYS CEMENT CORPORATION 86 86 86 86 �°^""MU^ NICIPALITY OF CLARINGTON 84 14 Ba """` ZSTSIDE CREEK DIVERSION e2 SE ez e2 CONDARY CHANNEL CROSS SECTIONS (PLTERNATIVE A� BO BO Bo Hill //N/A Marshall MaokYn 79 H.. 78 78 78 A.n\yhon J6 76 76 76 m a �t n M1 m n 4 °y lM.vwAs 41� -100 -90 -BO -70 -60 -50 -40 -30 -20 -10 0 4 J4 10 20 JO 10 SoJ 7i100 -90 -BO -70 -60 -50 -40 -JO -20 -10 0 10 20 JO 40 50 6 1Hi 10-92616 XS4 PRELIMINARY OCT 3 Q 1991 0+120 94 B4 0+160 92 92 92 H2 ' 90 90 90 90 gg ee gg as as ry 2 B6 88 94 8{ B{ 83 82 82 82 80 a0 g0 80 g 76 g )e 78 78 7. 78 74 71 100 -90 -b0 -70 -a0 -50 -40 -30 -20 -10 �0� 10 20 30 40 50 14100 -90 -80 -70 -a0 -50 -40 -30 -20 -t0 w0 10 20 30 40 50J4 1 0+100 0+140 94 94 94 92 92 92 92 Dp 90 90 90 as 08 2 88 88 ST.MARYS CEMENT CORPORATION eg Ba Ba 88 1 MUNICIPALITY OF CLARING70N 84 a4 WE_ STSIDE CREEK DIVERSION 2 e2 ez az ez SECONDARY CHANNEL t CROSS SECTIONS 8a go gp so (ALTERNATIVE A) Jg 7g la III,/� MrAokBn 7a M:rsha Monaghan 78 7g 7a 76 o r,n � $'�' ]s ){ ]4 x00os -30 20 -IO 0 40 50 -100 -90 -BO -JO -60 -50 -40 -30 -20 -10 m0 10 20 30 40 50 J4t00 -DO -g0 -70 -60 -a0 -40 - 10 20 30 - rt RMg1MY Is 1Mt x10-92616 .� XSS i I 0+200 PrirLIMINARY+ 94 9t 0+240 i 92 9z 92 92 OCT *3 0 i//7 90 sa 90 90 88 BB Bg 88 89 88 86 86 84 84 84 92 92 BZ 80 80 g9 80 78 78 1 J8 JB 1^ ]8 78 W 76 76 ! 7•1. -90 -80 -70 -80 -10 -40 -JD -20 -10 0 10 20 W 40 5074 n t T4100 -90 -80 -70 -60 -50 -40 -JO -20 -10 0 10 20 30 !D 50 0+180 s4 1 94 0+220 9Z 92 92 92 90 p0 90 g0 88 .6 98 Be ST.MARYS CEMENT CORPORATION 66 ea e6 ae MUNICIPALITY OF CLARINGTON atWESTSIDE CREEK DIVERSION l ez 82 sz a2 SECONDARY CHANNEL CROSS SECTIONS (ALTERNATIVE A) ea a6 an eo /�/ Msr�h�ll /II ft MKOKIIn llll V Mons9han 78 78 78 78 75 76 76 76 >a m 74 74 -80 -70 -80 -50 -40 -JO -20 -10 �On 10 10 JO M 5074 \ -60 -50 -b -JO -20 -10 0 10 20 JO 40 50 -100 -90 ',. Wfi 1 tgr rt RBFUMV i4 19cs n io-e2sls 7s6 PULIMINARY 0+280 0+320 ���_ 92 92 92 92 90 90 9p so 96 89 � as 86 _fT_d+_+++-7 71 Bl 84 84 � 82 B2 92 H a le 76 76 76 N n >a 7 4 74 J4 -100 -90 -DO -JO -80 -60 -40 -30 -20 -10 0 10 20 30 40 a0 -100 -90 -80 ->0 -60 -50 -40 -30 -ZO -10 m0 1D 20 JO b 50 oz + 60 0+300 92 92 92 92 90 90 90 sa as Ba as 7MARYS CEMENT CORPORATION 86 as as ea MUNICIPALITY OF CLARINGTON 2 e4 e4 as e4 WESTSIDE CREEK DIVERSION SECONDARY CHANNEL as a2 a2 CROSS SECTIONS (ALTERNATIVE A) � aD aD so 11N1A M...h.11 Maoklln Mona 4 hmn � ]a J8 79 Ja 71 7a 1 >8 4� Lr.YEW,�SYga 7-t 00 74 -90 -80 -70 -a0 -a0 -40 -30 -20 -10 00r 10 10 JO 40 a0]4 100 -90 -80 -Tl -60 -50 -40 -JO -20 -10 o0r 10 20 JD 40 50 �" qlT 1:IOo 10-92616 XS7 0+420 PRELIMINARYa6 n6 OCT 9 n? 62 0+360 w eo so so JB 78 B8 BB e 76 % 86 _ -40 40 >� 7a 100 -80 -nD -JO -60 -50 -30 -20 -10 r0 10 20 30 50 e4 e4 82 e2 0+400 90 86 86 78 78 84 8t i >6 82 8T 1 -BO 0 74 80 7<1w -so -JO -no -so -w -3o -zo -lo to zo 30 w 5a i Ja 7a 0+340 76 6 93 92 m N 74100 -60 -n0 -70 -80 -60 -40 -30 -Zo -10 O 10 20 30 40 5074 90 90 88 ae 0+380 Si.MARYS CEMENT CORPORATION ee ae a6 sfi MUNICIPALITY OF CLARINGTON as es e+ WESTSIDE CREEK DIVERSION 82 nz az ez SECONDARY CHANNEL CROSS SECTIONS (ALTERNATIVE A) eo eo so w Maoklin MoG Maklln h.n 78 >a 76 iwurt�s 78 76 78 76 7t 74 74 -100 -90 -B0 -70 -60 -50 -b -30 -20 -10 0 10 20 30 b SO -100 -s0 -80 -70 -60 -50 -40 -30 -10 -10 ^0 10 20 30 40 50 ilgN/)RY 16 1N6 10-92616 XS8 0+480 B6 8f B2 82 eo eo 7e 75 76 76 74 - -100 -90 -Ep -7o -80 -50 -t0 -Jo -2o -lo ^or 10 20 Jo to 50 ""'REL I M I" 'A nrftY 0+460 66 EB �y��j T B2 fl2 �J tJ J7 v' 1 BO BO 71 le 76 76 71 -t00 -go -ao -70 -80 -50 -40 -30 -20 -lo mo' 10 20 w 40 50 ST.MARYS CEMENT CORPORA71ON 0+440 _ ae MUNICIPALITY OF CLARINGTON e4 e4 WESTSIDE CREEK DIVERSION SECONDARY CHANNEL 82 $2 CROSS SECTIONS (ALTERNATIVE A) ea as Marshall /��/� Maekgn Monaghan 8 78 T6 i�� L 71t00 -90 -80 -70 -60 -50 -d0 -3o -2o -to moN to 20 Jo 40 5074 NAT is 100 � fdNIMY 16 tWfi io—ersis L XS9 w LOT 4 REG, PLAN No. 694 XW Rtr Road 4e PART 5 'fie � �REG�H�W 69 /K! /mil k#/J, Z � - waNAr ♦o .rp "PART I6 ESERVE REG. PUN No. 694 >a �$ g ., ° PART A t x 1 PART 15 f OAO WAVERLY ROAD t S"Ma..»s ue PART•9 &.AL'. .W.. RESERVE . N REG.I—PPM— No- 6944,. .,.. a <a ° AM.PuR ear , 9�a+4�y+� � t � _ ,a $ I.N.s: - A PMT ON MS PUH A .� Te- ~2 ii A Cb ggig£ LOT 3 REG. PLAN No. 694 Ali r`S �f W4✓ERZr Raab qq 00 PART a g $ d ¢ $ d i T 5 j PART 2 PART 11 • yc�_gc�o-kA�oIX c � nz PAR to i y rn aS z CS fC '7�pi �J FSn v PART I6 N.°aF° i i Y f AAA SyF ZFOW O 03 <A § 9 IIA F33 a�@^3 n 0, KZ�A yz O� ybJ rr rr r� rr rr rr rr r rr r rr rr rr r rr rr rr rr rr LOT 4 REG. PLAN No. 694 d i 8° A PART 8 AFT//,.°u'IN JOB-B52 a w,4a Y O1•• •PART 6• •RESERVE REG. PLAN of No. 594 •.+xr w,b „",,... 6t:i ••f4( .6ar ,.. ,uws • ?, PAPl/1,Z.Ja4-B51 # Bd e. xmz•x WAVER � ROAD I a° BLOCK I ,REG.PUN No.594 I ^� 8 p PART 4 w PART 3 PART J,,PUN!OR-?20J P.1RT 10,PUN/LW-851 RESERVE �r REG. PLAN u No. 694 ssc 4rx erns axsr nn erzr� m 3"n t�da S O ,vuJw O PART 7 PLAN 10R - 2103 LOT 4 REG. PLAN No. 694 A a LOT 3 REG. PLAN No. 694 9 a - PART 4 PART 6 ffi °• V 2a .. 3 R R PART T REG. PIINNO'694 9 a 1 Rp PARY 2 y ROr{ Y O HJ,4VERL t . .^ • � wsEaxE.rracrz.:,'"".a"..:ew # 9P} o d PART ARj n L P'.y RLacx c 6EG.vuN No ban tq 1 771 I® - PART No. f aai ` j $ A4Pl J raa-e.Y 4 PART 3 �m�oD�z- <nmov Z —1 TTV L// TV V - N A ,fj FESERVE REC.I—No.B94 Z c C m 9 O O O O O O _moo v -U � I�aB$ g A mCD o°� sz C O c O c O c o �g� o " _ �J m CIS x U� m V� Ra 1 �L � x�m E Rfi s Gv AmA �u R �� r ly m m m m m m ; ► _� z�<D��f m R R DO rc�r c�Zm pz = mom• TD � D•� �D}� � $$ g � k ��OA��D <�` #g p} D 2 �./ N N R4 R Z7?O",D�i,A y p {I3 Z Z Q �OWOO-, Om g IA L07 11 BROKEN FRONT CONCESSION U �.� ' x.sexEOU,t i BLOCK K _ J - - i LOT 41 LOT 42 ------'----�- LOT 27 t0i 28 ' � O I"— —'——_— —— 5� —LOT- 26 LOT 29 LOT 4�rOT 43 8 I _ `, O L—"— --- 5 O O --- - LOT 44 m x X OF Ml OF BLOCKS�Wm'J'PUN OF ` LOT 25 LOT 30 LOT 39 LOT 45 , , PART11, 12BLOC 3,KALL h P ACCORDING LOTS REG. ,l PLAN I--N0 1 I REOWERED RNV N°. 19&,IOWN OF BOWMWAAL LOT 46 r� yl PART OF BLOCK — — — — , REGM EKED%N,No.318,PLATT OF LOT 1,REGISTERED PUN N°.694• 0 LOT 24 I LOT 31 n LOT 38 r— ,1 r4 AND PART OF UNSUBOMOED LOT 12. ---4 7 m 5 BROKEN FROM CONCESSM TOWNSW OF——— ro ———— -'-�--- n_j LOT 48 I 1 UNICIP L�OF CLARINGTON REQK,WL MUNICIPALITY Of WR1W1 LOT 23 I LOT 32 —--�_—__ , , ( _ae.xx m•xa LOT 49 _ n f m LOT " ;1-16 LOT 45 w � LOT I � I � I III - IsI � 'I � 22 pVlA LOT 21 o I o LOT 135 LOT REG• 1 w8r 1� t _.:::• I M I" - n I "iI ^ ® COVE ROAD wm a :: :• ' ° , rn l i a] , i I I ( I I REG.N �k-N I I I I i ` I o.I I 1VV8 ,q, REG! I F- I 4. 1q6 i - -- ;r I I I (I I I I I I r n I WESTSIDE CREEK (s o S o `o o s o o i o BRIDGE AND APPROACHES iSi LOCK G' +N No. 1 '5 Cam REG I KNJIY� \ \ \ \ LO KEN f t�� I •BEACH' I I 1 1 i JJJ_^^_ �.1� -L L \ \ \\ \ \ \\ K\ \ \\ GoN.E551oR I I I r i \\ \ sL•�K \ \ \\N°�` \\3j8\ \\\ ��y �NTARtO SCHEDULE 1711 �� ROAD MAP � y BMA 1x�,OxMd YqM M M M ll[x Im 97-038 x:axnaun x wo r orau a uan i . ' SCHEDULE "G" COVE ROAD AND WESTSIDE CREEK BRIDGE PLANS AND SPECIFICATIONS ' The construction and reconstruction includes a bridge spanning Westside Creek including 120 metres of Cedar Crest Beach Road and full length of Cove Road from the bridge to West Beach ' Road, a length of 325 metres. The bridge shall be of concrete construction with a horizontal span of 32 metres, one traffic lane wide with a sidewalk on the south side. The design characteristics shall conform with current day criteria. Cove Road shall be built with a pavement width of 6.5 metres with adjacent sodded shoulders and swales. The local residents have requested that construction designs be established as necessary to retain the present character of the neighbourhood. 1 MUNICIPALITY OF �al iLn to 1 _ g n ONTARIO i CONSTRUCTION OF BRIDGE SPANNING WEST SIDE CREEK 1 (INCLUDING ROAD APPROACHES) 1 AND COVE ROAD 1 (INCLUDING INTERSECTION WITH WEST BEACH ROAD) 'BOWMANVI LLE' 1 LI s o� w w r I ST OF DRAWINGS Dwg. No. — TITLE SHEET 1. NEW CONSTRUCTION STA 0+580 TO 0+860 2. NEW CONSTRUCTION STA 0+860 TO 1+200 �i SITE urce COW KEY PLAN N.T.S. 1 89"EMW M7 totter dw h" asoc 8t @8 T-M PROJECT ft 12-IOM ENGINEERS ARCHITECTS AND PLANNERS 1 i41iMd3iG---EXISTING STORM SEWER - ;"•-. _.. EXISTING SANITARY SEWER -----cn-----EXISTING WATERMAIN r EXISTING CAS MAIN -EXISTING BURIED BELL CABLE _` -- --EXISTING BURIED CTV CABLE EXISTING BURIED HYDRO CABLE STA 0+303 11 REMOVE EXISTING TREES INV.75.100((N)) NV.75.21(5) WEST SIDE M AR S 4x ' UMIT OF CONTRACT ` ' rr c' r L STA 0+580 Z 7.. ' STA 0+632 10m 360x420 CSPA s r' Fa a , Z NV.75.45(N) NV 75.50(S) [CONCRETE GUTTER OUTET w z 4 O 603� CSP N� wµ� a .. R: ��, +J Y• 5; Y s"`s :; -�_: __ }:. ysy �` -"" •- NV. s { Ci s,B.G -- Y1.5m WALKWAY R f 2` ' 0.S.CONCRETE - t 1 N .""--• y }/I s\ t CURB&GU '; a,q ancE� ,.,�; swt w 0.5m = { (OPSD 600.04) Fi_� , �'s ' CURB t GU U '• /W\� 1.5m WALKWAY' i; 1 �. ^ic ^ (OPSD 600.04 2 rR. n. ! t CEDAR CREST BEACH ROAD COVE ROAD bt 1 =r_-_ -- - -- - - -- =- _- -- - --- _ - _ -- - - - -- ---- - T-- :77.—-— - —+- — -- - — _- - -- -- - - — - - _ - — --_ — zom-z z' _ _ , PA7.0 Le. ERDC[OETIII A00® -- - - r - _. ---- - - - - .L - - - _ _ - -�- - - �._ - — _ --:'Qa - -_,_ _ _. Na aaE sr REV"IM -- — — _ _ - _ - _--_-- — — - - - �'— - -- 80 -1 _ - - 4 - -- -- - -- - - _ -- - - - - vour Mo rroRweoN LW,K c+ecl®AM 80 _ K FAFMM TO im BMW sum comma cm li _ 79 - -- - . -- _-. -- - -- -- - - _ - - --_- —t - -- - — — 78 — - — - — - _ - s --L _ - _ � � s labldd uesx�ta 76 _- "" _ - - =- - - - - -- 50 Gall SA P.B.Ix IIR Mn KM 5 — ZiL 74 74 _.. .._ CONSTRUCTION OF BRIDGE SPANNING i_ — -- --r -- — - - .._ — t - :_— �. ::.. WEST SIDE CREEK (INCL ROAD — _ _._t APPROACHES) AND COVE ROAD (I F a s — s gg° b a7 x WEST SIDE BEACH ROAD) P, ad rt^ >a R� rt � >A n A >" BOWMANMLLE SEINER G1H, SIZE D cRAOE NEW CONSTRUCTION N V STA 0+580 TO 0+860 9 n NVERT RMMI ft "m w I— HD7 n seas ru w.r RY HORZ.1:300 VERT.1:30 1 t tit.+�t ��� ;�� �'�• t qt. a�'; N �-EXISTNG STORM SEWER s -t - t F• - - EXISTING SANITARY SEWER PROP.1 OF CSP J?_ -nv. ___EXISTING WATERMAIN 76. t _ INV.W.76.70 _. t INV.E.76.62 t> I �+ --EXISTING CAS MAIN 1 8 EXISTING BURIED BELL CABLE EXISTING BURIED CTV CABLE EXISTING BURIED HYDRO CABLE ,FR. l t 4 Z J w E T t A m tik % REMOVE EXISTING TREES y! .� Nu12� ! �1 1i '•I \tit =$ t, 1� $ 1, ° LIMIT OF CONTRA CT ? NEW CONIC.PAD tq FOR MAILBOX NEW vp STA:Wi70.„6 1 t 1 p II ASPHALT arsstr aaooR -�”- _ f FOR MAILP t ; 1 --A 1 x { - T eg ti O c 0 PROP 17m SBOrrRn GSP �. F 73.66 MlV.E 73.06 T � Z r § O }� WHERE RAIDE GREATER THNALE Sx { 0 p 111 ,W ,07 Z, rROAb 'COVE r - T - .__. p C. STREET'A't b'Immm ftwo 77 DATE BY REVISKM -- --- _ _ - - - __ _ ALL arxso6 NO RwlwaoR swL RE CHO=wo 84 _ _ - - -- - 4 T'OE/�ON TNf Joe AM Alff eealvMlcln MusT OE - - - - - _ 8 REromm To Tet oaNmc ssalE oawaICa THE rawc 83 _ -._ _. _ = - - - _ - - - - - - -- - =_ - - - - -- - - - - -__ -- - - -- -- - - ---$ - - - - - 3 — - _ _ _T +- ' 82 _ ___ _.-_ __t-_ _- _.__ _ _- _ _ _ __ _ _ _ _ ___ _ - _ _IN -. __ -_. _}___.. __r.__. __. __;- _. __�_- _ ` ._. - _-. . _ _ _ _ _-! _ _ _- _ __ _ _ _ _s- _ -_ _ :mow __ 82 SKY 8 - - - --- - -- - - -- - - _ bft du b"WXbW —. C_.� - _ ENGINEERS ARCIRTECTS AND BANNERS *. - -- Kn RE_ 79 -- -- - - - - -- -- -.- _ _..._ _ ._ - - - -_ ._ - _.. - - - - - - 9 ` _ -_�-------- -+--:-L. _ r u, NUINgP 1* _. 78 _.;__ __ �- T arias 9 CONSTRUCTION OF BRIDGE SPANNING -� WEST SIDE CREEK INCL. ROAD _ t � __! APPROACHES) AND COVE ROAD (INCL INTERSECTION WEST SIDE BEACH ROAD)g$ ai r 9 R� td k ✓ BOVMMAPIVILLE SEINER SUE' D NEW CONSTRUCTION 'EWER STA 0+860 TO 1+200 LR ALLY t"7 UL /2-IMp '(E fo.IR 112a MI�M W NORZ.1:300 VERT.T:30 2 �.� MUNICIPALITY OF CLARINGTON 'BOWMA VI ' N LLE l 1 ABUT. SPAN 00040 E. ABU oo O 0 16000 16000 ° O 0 O I o O TO WAVERLY RD. I rl—W.P. No. I W.P. No. 2 6000 APPROACH T/A EL. 77.930 — _ — — T/A EL. 78.250 I SLAB (TYP.) _CONSTRUCTION ' I (CEDARCREST BEACH RD.) I I ( I TO COVE RD._ � I I o ' NORTH CONSTRUCTION SOUTH (CEDAR CREST BEACH RD.) p3o V 300 500 2500 2500 1500 300 J o ' o I 50 250 190mm ASPHALT & 250 50 W ' I SYSTEMROOFING PLAN 2% J50 90 2% -.•? SCALE 1:200 Lp ' W. ABUT. E. ABUT. o 150mm CONCRETE TOPPING 5000 32000 5000 STANDARD MTO PARAPET WALL 140 6-BIZ - 1220 PRESTRESSED VOIDED 140 ' WITH STEEL RAIL (GALV.) (TYP.) FINISHED BOX BEAMS = 7320 GRADE I TYPICAL SECTION W.L. 75.02 / SCALE 1:75 SOFFIT —f7(AUG. 9, 96) SOFFIT / ' EL. 76.537 — S/B EL. 76.657 / APPROX. ' O.G. I I..-600mm a PREAUGERED HOLES ( I I I FILLED WITH SAND (TYP.) I u u ' HP310 x 110 STEEL 'H' PILES (TYP.) ELEVATION SCALE 1:200 M.G.S. CEDARCREST BEACH ROAD BRIDGE rmm=12 s 1049 totten sims hu icki associate M. .S. OVER THE WESTSIDE MARSH OUTLET ormwa ENGINEERS ARGHITEGTS AND PLANNERS wG. A MUNICIPALITY Y OF CLARINGTON 90" a711��Sy-3 ,� am K AS NOTED 32m SPAN BRIDGE ALTERNATIVE ' SCHEDULE "H" DESCRIPTION OF PROPOSED CLOSURE AREAS AND RESERVES ABUTTING PORTIONS OF WAVERLY ROAD ' re Area A and Abutting 1. Proposed Closure g Reserves ' All of Parts 1, 3 and 5 on Plan 40R-17774 ' 2. Proposed Closure Area B and Abutting Reserves All of Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 on Plan 40R-17775 3. Proposed Closure Area C and Abutting Reserves All of Parts 2 and 4 on Draft Plan 40R- prepared by Brown & Coggan Ltd., under File No. 1971017 and Part 4 on Plan 40R-17774 4. Proposed Closure Area D All of Parts 1 and 3 on Draft Plan 40R- prepared by Brown & Coggan Ltd. under File No. 1971017 5. Temporary Public Highway ' Part 9 on Plan 40R-17774 SCHEDULE "I" ' ESTIMATED COSTS OF CONSTRUCTION OF COVE ROAD, WESTSIDE CREEK BRIDGE AND EXTENSIONS OF TEMPORARY PUBLIC HIGHWAY ' MUNICIPALITY OF CLARINGTON BOWMANVILLE Construction of Roads and Bridges Preliminary Cost Estimate Structure Spanning Westside Creek (32m) $500,000.00 ' West Approach Cedar Crest Beach Road (126m) 130,000.00 East Approach Cove Road (550m) 480,000.00 (1) ' Roads A &B (Cove Road Northerly) (30m) 40,000.00 Extension of Cedar Crest Road, West of Waverly Road (50m) 5,800.00 (3)(4) ' Improvements to Haul Road 8,200.00 (4) Design and Construction Administration for Extension to cedar Crest 2,800.00 Beach Road and Improvements to Haul Road ' Signage for Haul Road 3,800.00 Utility Relocation (Bell) 50,000.00 (2) rUtility Relocation (Hydro) 110,000.00 (2) Illumination 15,000.00 TOTAL (excl. taxes) $1,345,600.00 ' L INCLUDES RECONSTRUCTION OF WEST BEACH ROAD AT COVE ROAD INTERSECTION 2. FIRM SERVICING PROPOSALS AND ASSOCIATED COSTS HAVE NOT BEEN RECEIVED TO DATE FROM ONTARIO HYDRO,CLARINGTON HYDRO&BELL CANADA. COSTS PROVIDED HEREIN ARE WITHOUT BASIS AND ARE SUBJECT TO ADJUSTMENT. 3. AGGREGATE TO BE SUPPLIED BY ST. MARYS CEMENT CORPORATION. ' 4. DESIGN AND CONSTRUCTION ADMINISTRATION COSTS NOT INCLUDED. NOTES: - PROVISION OF MUNICIPAL WATER FOR DOMESTIC AND FIRE SUPPLY TO SERVICE RESIDENTS ON CEDAR CREST BEACH ROAD,COVE ROAD AND ROADS A&B IN THE EVENT OF DISRUPTION OF THE EXITING GROUND WATER SUPPLY WOULD BE SOURCED FROM THE REGION OF DURHAM - "BOWMANVILLE WATER SUPPLY PLANT"LOCATED ON PORT DARLINGTON ROAD (SEE LOCATION ' PLOTTED ON THE ATTACHED MAP). COSTS TO PROVIDE THIS SERVICE IS ESTIMATED AT$950,000.00 AND IS ADDITIONAL TO THE TOTAL COSTS SHOWN HEREIN. PROPERTY ACQUISITION AND LEGAL SURVEY COSTS ARE NOT INCLUDED ' - GOODS AND SERVICE TAXES ARE NOT INCLUDED ' - DESIGN, TENDERING AND CONSTRUCTION ADMINISTRATION COSTS ARE INCLUDED UNLESS OTHERWISE NOTED Totten Sims Hubicki r SCHEDULE "J" SCHEDULE OF CONSTRUCTION OF WESTSIDE CREEK DIVERSION WORKS ' Westside Creek Diversion Works and Commencement Date rNo later than 12 months after the date of closing of the Temporary Public Highway as a public highway. Present anticipated starting date subject to request for amendment to DFO in accordance with ' provisions of paragraphs 7(a)(ii), 7(b) and 7(c) - Winter, 1998. Schedule of Work Primarily in winter and summer months over three years beginning Winter, 1998. Completion Date Anticipated and subject to request for amendment to DFO in accordance with provisions of ' paragraphs 7(a)(ii), 7(b) and 7(c) - Winter 2001. ' Stabilization Period Two years following primary construction. IN- OFF �.W, \- IAP r m N. "w SM INMN SO it gN d SCHEDULE "K" - 2 - ' EASEMENTS TO BE TRANSFERRED TO CLOCA OR AS OTHERWISE DIRECTED BY THE MUNICIPALITY Easement Area Scope C Access for persons, equipment and vehicles to and from Westside ' Creek Diversion Area B to permit the inspection, repair and maintenance of the Westside Creek Diversion Works as required by the Letter of Intent and the Monitoring and Maintenance Agreement if Blue Circle fails to repair and maintain the works on ' Westside Creek Diversion Area B. D1 Access for persons, equipment and vehicles to and from Westside ' Creek Diversion Areas A and B along the top of the dyke to be constructed on Dyke Area B with the right to undertake maintenance and repair operations from Easement Area D; in respect of the Westside Creek Diversion Works, and the right to use the gates in the security fence on the dyke in order to maintain or replace vegetation on Easement Area D2. D2 Areas to, from and on Easement Area D2 via gates on the security fence on Easement Area D2 for the purpose of installing, maintaining and replacing vegetation thereon. SCHEDULE "K" - 3 - Easement Area Scone G Access for persons, equipment and vehicles to and from Overflow ' Channel Area A to permit the inspection, repair and maintenance of the Overflow Channel Works as required by the Letter of Intent ' and the Monitoring and Maintenance Agreement if Blue Circle fails to repair and maintain the works on Overflow Channel Area ' A. ' H Access to and from Overflow Channel Area A for persons, equipment and vehicles and to undertake inspection, maintenance and repair operation, respecting the Overflow Channel Works which are required by the Letter of Intent and the Monitoring and ' Maintenance Agreement if Blue Circle fails to repair and maintain ' the Works on Overflow Channel Area A. ' NOTE: These easements may be exercised by CLOCA or as otherwise directed by the ' Municipality, and its respective employees, contractors and consultants. SCHEDULE "K" - 4 - ' EASEMENTS RESERVED BY BLUE CIRCLE ' Easement Area Scope B Access to and from Westside Creek Diversion Area B by persons, ' equipment and vehicles for the purpose of maintaining and repairing the Westside Creek Diversion Works on Westside Creek ' Diversion Area B as required by the Letter of Intent and the Maintenance and Monitoring Agreement. D3 A perpetual easement of support of Dyke Area B, including the ' dyke to be constructed thereon. ' E A Temporary Easement in the Reconfigured Westside Marsh to permit the construction and installation of the Westside Creek Diversion Works and the monitoring and maintenance of the same ' in accordance with the Letter of Intent and the Monitoring and Maintenance Agreement which easement shall terminate on the ' expiry of the later of the periods of monitoring and maintenance provided in the Letter of Intent and the Monitoring and ' Maintenance Agreement respectively. ' F Access to and from Overflow Channel Area B for persons, equipment and vehicles for the purpose of inspecting, maintaining and repairing the Overflow Channel Works as required by the Letter of Intent and the Monitoring and Maintenance Agreement. 1 NOTE: These easements may be exercised by Blue Circle, its employees, contractors, consultants and agents. SCHEDULE "L" MODIFICATION TO THE DURHAM REGIONAL OFFICIAL PLAN Deferral #1 ' PURPOSE: At the request of the Municipality of Clarington and Blue Circle Canada Inc. (formerly St. Marys Cement Corporation),the Waterfront ' Regeneration Trust undertook a process to resolve the issues related to the preservation of Westside Marsh, compatibility with existing residential uses and the continued economic viability and development ' of the Blue Circle operations. In November 1995, the Trust released a report which recommended a multi-faceted solution to these issues. The key recommendations of the Report would involve St. Marys ' conveying to the community, a significant portion of the Westside Marsh, as well as other nearby lands. In turn, the Municipality would convey a portion of the Waverly Road road allowance to St. Marys for quarrying purposes. The relocation of Westside Creek, which feeds into the Marsh, would also be required. The purpose of this modification is to incorporate policies and land use designations into the Durham Regional Official Plan which reflect ' the key recommendations of the Waterfront Regeneration Trust Report and the settlement between the Municipality of Clarington and Blue Circle Canada Inc. ACTUAL ' MODIFICATION: The Durham Regional Official Plan is hereby modified by: 1. In Section 18.2.2 by changing all references from "St. Marys Cement" to "Blue Circle Canada Inc.". 2. In subsection b) of 18.2.2 by deleting the words "In the course of preparing a waterfront plan," ' 3. In subsection c) of 18.2.2 by deleting the words "In the course of preparing a waterfront plan," ' 4. In subsection (d) of 18.2.2 by deleting the words "Mineral Aggregate Resource Policy Statement(MARPS)"to"Provincial ' Policy Statement". SCHEDULE "L" - 2 - 5. By adding a new subsection (e) as follows: "e) Westside Marsh is recognized as a provincially significant wetland and is subject to an aggregate ' extraction Licence issued under the Aggregate Resources Act. The Region recognizes and supports the agreement between the Municipality of Clarington and Blue Circle which allows for the reduction of the total licensed area, the closing of a portion of Waverly Road, the retention of a portion of the Marsh and the conveyance of ' approximately 40 ha of lands into public ownership for management as part of a wetland complex. 6. By amending Schedule 4 for Aggregate Resource Extraction Area 97 by reducing the area from "252" to "227". SCHEDULE TO DURHAM REGIONAL OFFICIAL PLAN • 1 • P?Tl LOT 1,ti k�V �4�✓.�'�-� � � t !°' { �{ e �; ��{} x.. r r � ; vtT a ..�i�b � -` _�;�,:: rrr��< r, .f4t aS.�LH. .+.y< `.a �, TSt• r s a _ � � s7'" . ' ',rY-J �_i�v���ta�aa ON 1 S- F \ s r , r _ _ ryryryryi yr k ' Ing- E} \��\ \�� \ .o.\��\\\�\.• DAIVINGTON GENERATING STATION CHANGE FROM ' • TO • • REVISE BOUNDARY OF "SPECIAL • • • SCHEDULE "M" MODIFICATION NO. 170 TO THE CLARINGTON OFFICIAL PLAN ' Deferrals 10,11 and 24 St. Marys Cement and Cove Residential Area PURPOSE: Section 16.5 (Special Policy Area C - St. Marys Cement Corporation) rsets out policies related to the quarrying and cement manufacturing facility now owned by Blue Circle Canada Inc. Section 16.5 has been deferred at the request of Blue Circle Canada Inc. (Deferral No. 10). Section 17.3 (Special Study Area No. 2 - Westside Marsh/Cove t Residential Area)includes the Westside Marsh and various residential lands in the adjacent Cove residential community. The preservation of the Marsh and the issue of compatibility between existing residential uses, quarrying activities and other potential industrial uses are to be addressed prior to the approval of land use designations for the lands in Special Study Area No. 2. Section 17.3 has been deferred by the ' Region at the request of Blue Circle Canada Inc. (Deferral No. 11). In addition, those portions of Map A3 (Land Use - Bowmanville Urban Area) covered by Special Policy Area C and Special Study Area No. 2, as well as a portion of Waverly Road south of the Ontario Hydro corridor are also deferred at the request of Blue Circle Canada ' Inc. and the Port Darlington Community Association (Deferral No. 24). ' At the request of the Municipality and Blue Circle Canada Inc., the Waterfront Regeneration Trust undertook a process to resolve the issues related to the preservation of Westside Marsh, compatibility with existing residential uses and the continued economic viability and development of the Blue Circle operations. In November 1995, the Trust released a report which recommended a multi-faceted solution ' to these issues. The key recommendations of the Report would involve Blue Circle conveying to the community, a significant portion of the Westside Marsh, as well as other nearby lands. In turn, the Municipality would convey a portion of the Waverly Road road allowance to Blue Circle for quarrying purposes. ' The purpose of this modification is to incorporate policies and land use designations into the Clarington Official Plan which reflect the key ' recommendations of the Waterfront Regeneration Trust Report and the agreement between the Municipality and Blue Circle Canada Inc. SCHEDULE "M" - 2 - ACTUAL MODIFICATION: The Clarington Official Plan is hereby modified by: 1. By replacing all references to "St. Marys Cement Corporation" with 'Blue Circle Canada Inc." 2. By deleting Section 16.5.1 and replacing it with the following: "16.5.1 This area primarily recognizes the licensed extraction area and the cement manufacturing ' facility of Blue Circle Canada Inc. and the Westside Marsh. The permitted uses are as follows: ' a on the lands designated General Industrial, the commercial dock facility existing on October 1, 1997 and a cement manufacturing facility; ' b) on the lands designated Aggregate Extraction Area and subject to the provisions of Section 16.5.2., aggregate extraction activities and ancillary uses such as a professional office building, a concrete batching plant, a truck terminal, and aggregate processing including the stockpiling of raw and processed materials; c) on the lands designated Environmental Protection Area, no development except for protection, conservation and enhancement of ecological systems, ' passive recreation, and uses related to erosion control and storm water management; and d) on the lands designated Waterfront Greenway, the uses identified in Section ' 14.7." ' 3. Add a new Section 16.5.2 and 16.5.3 as follows and renumbering the remaining sections in Section 16.5: SCHEDULE "M" - 3 - "16.5.2 Aggregate extraction activities and ancillary uses are subject to the following: a) an aggregate processing plant, concrete batching plant, and truck terminal shall: i) not be located within 700 metres of any residential property located south of Highway 401; and ii) not be located within 150 metres of the water's edge of Lake Ontario. b) within 700 metres of any residential property, aggregate processing is permitted provided that any crusher is located 10.7 metres below natural grade ; and c) for the purposes of Section 16.5.2, natural grade means the grades depicted by the contours shown on a drawing entitled "Existing Features" prepared by MacNaughton Hermsen Britton Clarkson Planning Limited for the Bowmanville Quarry(Job No. "8816'B' St.Mary's Bowm ' Durh")dated for submission in accordance with the Aggregate Resources Act on ' Nov. 9, 1990 provided that in no case shall natural grade include stockpiled material, excavated areas or be deemed to exceed ' 86 metres above sea level or be deemed to be less than 75.4 metres above sea level. 16.5.3 A portion of Special Policy Area C includes lands which will accommodate the planned diversion of ' Westside Creek, the retention of, a significant portion of the Westside Marsh existing on October 1, 1997, and a habitat linkage area ' between the Westside Marsh and the Bowmanville Marsh wetlands. These lands shall be managed by an appropriate public authority in conjunction with other public lands so as to conserve and enhance wildlife habitat on-site or SCHEDULE "M" - 4 - ' nearby with the objective of achieving no net loss in biodiversity and function." ' 5. By deleting the existing Section 16.5.4 (to be renumbered 16.5.6) and replacing it with the following: "16.5.6 Any rehabilitation plan or amendment to a rehabilitation plan for the aggregate extraction area shall address, among other matters, the following: ' a) the relationship of the lands to be rehabilitated to the Westside Marsh and related lands referred to in Section 16.5.3.; b the land uses ermitted within Special P P Policy Area C; ' c the rovisions of this Plan dealing with P g ' Bowmanville's urban waterfront; and d) the provision of attractive, connected and accessible public spaces appropriately located. ' Before submission of a rehabilitation plan or an amended rehabilitation plan to the Province for approval, the owner shall meet with the ' Municipality and Conservation Authority to obtain their input and comments on the matters referred to in this section. The owner shall objectively consider but not necessarily follow such comments in finalizing a rehabilitation plan or amended rehabilitation plan." ' 6. By adding the following new section: ' "16.11 SPECIAL POLICY AREA I - COVE RESIDENTIAL AREA ' 16.11.1 Special Policy Area I recognizes the historic residential community known as the Cove. Existing residential dwellings and limited infilling ' is permitted on private sewer or water services. SCHEDULE "M" - 5 - 16.11.2 The creation of new lots shall meet the requirements of Sections 12.3.5 and 23.7 of this Plan. ' 7. By deleting Section 17.3 and its corresponding subsections in their entirety. ' 8. By modifying Map A3 as indicated by Exhibit 1 to this modification. ' Exhibit 1 attached hereto shall form part of this modification. AREA Ei' ® ® ® i ® . . M r M t7 . ,. x OM OM REDESIGNATE OM MODIFY OUNpARY OF Ws; "SPECIAL STUD AREA 2" TO "SPECIAL POLICY AREA C" "AGGR€GATE E RAC7)ON AREA" SIGNATE FROM _ ' SP IAL $T4lDY AttEA 2" u "WA V FRONT GREENWAY" 40, TERFE70NT GREENWAY" "AGG ELATE EXTRACTION AREA" w .�' wfr x F •-�• � DELETE BOUNDkRY OF; ,�.. r F�'i` �,lN °y ��.J�...f�;.X;�Y�i;h`�•� ''A "$PECIAi:- STUDS ARFA �� fir. r�_ •.`.�'y��?rr i' : {��,���, �i�j�.,�� �, �`_ :'�" t , } u. ..yl!?�.Y'rr;:l.�^��.� !>.. '° ;,.3•s��G <.3...X.t'�?tiXcar� x<, . C1 ,r �5, '1:7f'>.L.y:r.Y arKti,...;_,.�y�{. �.. .E;'F.y+ ..1«,y, (,• �'[r,�, � +�,t '4'z i, ?o.:` x,,v�r r,; ` •i�`>� $ ST#�DY AREA 2 TO �' III .n.*yi %ri+•^ .:X S;r'rK':f f' „ r: , PROTECTION.A. -. I ENT R PECIAL <��:zs;>x;��,,_ ��_F,�}'.`�R',��';` •:.`. OL.ICY:',:...ra�l:t.�z: '�ZY;" ''S'•C':j .lii';AREA �;;..,y S!r ;fi+ .��M'Rj 3..,... n n l,ns'.a PRESTIGE ;,' „,,w.. z•. ti r ; i ADD SPECIAL g �.. r� - •� EMPLOYMENT AREA .��4. :�:,�, ' � �'-j o....t `,,•,',L�,,r.,,, .;�M,,,..�.a�,a...� ���, POLICY AREA I" ?�iy"a+t• Tf'.=:^�. Y ^{,*iaeay`t��� �;Y ■� .�� URBAN BOUNDARY LIGHT PUBLIC y; INDUSTRIAL AREA SECONDARY SCHOOL tir�:,��.;r•_ •. 3.,.-s.ta7:•..^i}•.a'a.... f�...yc�:'<a K � GENERAL SEPARATE REDESIGNATE FROM INDUSTRIAL AREA SECONDARY SCHOOL "WATERFRONT GREENWAY" TO ENVIRONMENTAL PROTECTION AREA' UTIL(TY In PRIVATE SECONDARY SCHOOL ITY rst ENVIRONMENTAL PUBLIC REDESIGNATE FROM PROTECTION AREA i ELEMENTARY SCHOOL REDESIGNATE FROM "AGGREGATE EXTRACTION AREA" TO t SEPARATE "GENERAL INDUSTRIAL AREA" "ENVIRONMENTAL PROTECTION AREA" GREEN SPACE p ELEMENTARY SCHOOL TO "WATERFRONT GREENWAY MAIN CENTRAL AREA WATERFRONT GREENWAY ELEMENTARY SCHOOL LANDS TO LOCAL CENTRAL AREA ® COMMUNITY PARK SECONDARY N AREA 0 o A e p A REMAIN NEIGHBOURHOOD Co3��%�1lQaMIIL���MG,3C3Q�nl QG3CQ DEFERRED COMMERCIAL • DISTRICT PARK SPECIAL POLICY AREA OFFICIAL PLAN <?':ter Y HIGHWAY COMMERCIAL ® NEIGHBOURHOOD PARK oesoo -- SPECIAL STUDY AREA MUNICIPALITY OF CLARINGTON APRIL 15, 1997 AGGREGATE TOURISM NODE 40 GO STATION EXTRACTION AREA ` SCHEDULE "M" - 7 , NOTE: It is acknowledged that the above wording respecting recognition of the ' existing commercial dock facility is without prejudice to the rights or entitlement of Blue Circle Canada Inc. or its successors under all applicable legislation to expand or to add to such commercial dock facility and the rights ' and powers of the Municipality of Clarington in respect of any such expansion or addition to the commercial dock facility. 1 SCHEDULE N ' THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle. WHEREAS at a meeting on November 3, 1997 Council considered a multi-faceted report dealing with the Westside Marsh, Blue Circle operations and the closure of a portion of ' Waverly Road; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems ' it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle, to implement the approved Clarington Official Plan and the agreement with Blue Circle Canada Inc; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: ' 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone category from: ' "Agricultural (A) Zone" to "Environmental Protection (EP) Zone" "Extractive Industrial Exception (M3-1) Zone" to "Environmental Protection (EP) ' Zone". 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of the Planning Act. 1 i 11 II SCHEDULE N - 2 , ' BY-LAW read a first time this day of 1998 ' BY-LAW read a second time this day of 1998 BY-LAW read a third time and finally passed this day of 1998 Mayor Clerk 1 1 ' This is Schedule "A" to By—law 97— , passed this day of 1997 A.D. 1 1 ' LOT 14 LOT 13 LOT 12 LOT 11 LOT 10 BASED E ROAD WEST Z w m J n O I 1 401 V) HIGHWAY LA R W U O U Rq Z O Li s Z W 0 0 1 J LLJ m 1 1 WATSo LAKE 0,vrAR!0 �z 1 ZONING CHANGE FROM "A" TO "EP" 1 ® ZONING CHANGE FROM "M3-1" TO "EP" ' Mayor BOWMANVILLE 1 Clerk SCHEDULE "O" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' BY-LAW NUMBER 98- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle. ' WHEREAS at a meeting on November 3, 1997 Council considered a multi-faceted report dealing with the Westside Marsh, Blue Circle operations and the closure of a portion of ' Waverly Road; 1 AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle, to implement the agreement with Blue Circle Canada Inc; ' NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: ' 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone category from: ' "Extractive Industrial Exception (M3-1) Zone" to "Environmental Protection (EP) Zone". 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning°Act. SCHEDULE "O" - 2 - ' BY-LAW read a first time this day of 1998 BY-LAW read a second time this day of 1998 ' BY-LAW read a third time and finally passed this day of 1998 Mayor Clerk ' This is Schedule "A" to By—law 97-- , passed this day of 1997 A.D. 1 LOT 14 LOT 13 LOT 12 LOT 11 LOT 10 1 J��� M BASEU E ROAD WEST Z w m 0 401 (1) HIGMNAY U) RO W U °a 0 � U Z Z 0 W 0 Y 0 0z m LAKE ONrAR10 1 ZONING CHANGE FROM "M3--1" TO "EP" N Mayor BOWMANVILLE ' Clerk - - --- — SCHEDULE "P" ' PERMITTED ENCUMBRANCES AFFECTING THE BLUE CIRCLE LANDS ' (Instrument numbers appearing in square brackets denote registrations in the Registry Office and those appearing in round brackets denote registrations in the Land Titles Office. Blue Circle Canada Inc. is defined as the "Company") As to all the Lands ' 1. any reservations, exceptions, limitations, provisos and conditions expressed in the original grants from the Crown, as the same may be varied by statue. ' 2. Unregistered Hydro Easements. By letter dated March 20, 1997, Ontario Hydro advised that it claims the following unregistered rights in the Lands pursuant to Section 42 of the Power Corporation Act, R.S.O. 1980, Chapter 384, as amended: a Lot 14, Broken Front Concession, in the Township of Darlington, for 3 poles, 1 anchor and a 16.5 foot right of way granted by the Estate of John Edwin ' Allin on February 12, 1951 (P28558); (b) Lot 14, Broken Front Concession, Township of Darlington, for 1 pole, occupation rights, a right 10 foot wide to cut and a further right of way, also 10 foot wide granted by Norman Brown on January 6, 1949 (P71814); f (c) Lot 16, Broken Front Concession, Township of Darlington, for 2 poles, 1 anchor and occupation rights granted by Garnet L. Symons on October 19, ' 1949 (P7209); (d) Lot 14, Broken Front Concession, Township of Darlington, for 6 poles, 2 anchors, occupation rights, a 10 foot right-of-way and a 60 foot separation ' allowance granted by St. Marys Cement Co. Ltd. on April 14, 1969 (P283637); ' (e) Lot 14, Broken Front Concession, Township of Darlington, for 1 anchor granted by St. Marys Cement Corporation on August 2, 1989 (P453511). 3. Any prescriptive rights acquired by any landowners. As to all Lands except those fourthly described in Schedule "A" 4. Instrument No. [154028] (NL21965) registered August 31, 1989, being a Development Agreement dated July 11, 1989 between the Company and The Corporation of the Town of Newcastle ("Newcastle"). 5. Instrument No. [161184] (NL28000) registered August 1, 1990, being a First Amending Agreement dated May 23, 1990 between the Company and Newcastle. t SCHEDULE "P" - 2 " ' 6. Instrument No. 161803 NL28656 registered September 12, 1990, being a Construction Agreement dated June 4, 1990 between the Company and the Central ' Lake Ontario Conservation Authority. 7. Instrument No. [162555] (NL29408) registered October 30, 1990, being a Second ' Amending Agreement dated october 15, 1990 with respect to item 3 above, between the Company and Newcastle. r8. Instrument No. [D377830] registered December 19, 1991, being a Certificate of Action by Cooper's Crane Rental Limited. {The same Certificate of Action in the ' Land Titles Office was vacated and ruled off, as was the Construction Lien in both systems pursuant to an order vacating the same which was obtained March 21, 1994 and registered in the Land Titles Office on March 25, 1994 as Instrument No. ' [D429562]1. 9. Instrument No. [D453808] (LT723156) registered June 27, 1995, being a First Amendment Agreement to the First Amending Agreement, being item 4 above, dated May 22, 1996 between the Company and The Corporation of the Municipality of Clarington ("Clarington"). ' 10. Instrument No. [D485447] (LT786506) registered January 10, 1997, being a Second Amendment Agreement to the First Amending Agreement, being item 4 above, ' dated December 20, 1996 between the Company and Clarington. 11. Instrument No. [D501285] (LT823080) registered September 15, 1997 in Registry Division and September 19, 1997 in Land Titles Division being an Amending Agreement dated August 13, 1997 with respect to item 4 above between the Company and Clarington. ' As to all Lands except those fourthly escribed in Schedule "A" Y 12. Any rights of the public to pass and repass over the unopened portion of Darlington Street as shown on Plan H-50078, as set out in Instrument Numbers [11682] and ' [N30724]. As to those parts of Lands described secondly in Schedule "A" ' 13. Subject to certain existing rights of way which may have been acquired by prescription along the beach at the southerly limit of part of the Blue Circle Lands, ' as set out in the executors deed dated November 5, 1952 in favour of Alfred Hislop Allin registered on November 21, 1952 as Instrument No. [21101] and in a deed dated August 1, 1943 and registered on August 16, 1945 from the Trustees of ' Walmer Road Baptist Church to Carl Christian as Instrument No. [17811] and in a deed dated July 29, 1966 from Tom Popofsky, Vladimir Boujos and Nick Mousmanis to St. Marys Cement Co. Limited and registered on August 25, 1966 as Instrument ' No. [N30633]. -. 4R SCHEDULE "P" - 3 - 14. Instrument No. [98766] registered May 14, 1980, being a Development Agreement tmade between the Company and Newcastle. 15. As to Closure Areas A, B, C and D, Reservation of temporary easements for services ' provided by Ontario Hydro, Clarington Hydro, Bell Canada and Rogers Cable Television. r THESE PRINCIPLES OF UNDERSTANDING dated this 3rd day of November, 1997. BETWEEN: THE CORPORATION OF THE ' MUNICIPALITY OF CLARINGTON ("Municipality") OF THE FIRST PART - and - BLUE CIRCLE CANADA INC. ("Blue Circle") ' OF THE SECOND PART ' PRINCIPLES OF UNDERSTANDING WHEREAS: A. Blue Circle is the owner in fee simple in possession of certain portions of Lot 11, Broken Front Concession, former Town of Bowmanville and of Lots 12, 13, 14, 15, 16 and 17, Broken ' Front Concession, former Township of Darlington now in the Municipality of Clarington and certain portions of the original road allowances between Lots 11 and 12, Lots 12 and 13, Lots 14 and 15, and Lots 16 and 17. Blue Circle also is the owner in fee simple in possession of a water lot comprising Part 1 on plan of survey of record 1OR-2426 on a portion of which is constructed a dock. The lands owned by Blue Circle collectively are referred to hereafter as the "Blue Circle Lands" and are shown on the Plan contained in Schedule "A" hereto. I ' r 1 1 -2- B. The Westside Marsh is located on the portions of the Blue Circle Lands which comprise 1 parts of Lots 12 and 13, Broken Front Concession, former Township of Darlington now in the Municipality of Clarington; C. Presently, Blue Circle holds a licence to extract aggregate from the Westside Marsh ' under the Aggregate Resources Act; D. The Waterfront Regeneration Trust ("Trust") issued its Westside Marsh Report and Recommendations in November, 1995. This Report followed the submission by the Honourable David Crombie of the Interim Report on the Royal Commission on the Future of the Toronto Waterfront in 1990. The 1995 Report was prepared with the encouragement of the Municipality, ' the Community and Blue Circle's predecessor St. Marys Cement Corporation; E. Westside Marsh was identified by the Trust as the only Provincially significant Class II Wetland on the Durham shore of Lake Ontario. The Trust noted that it is valued highly by regional and local naturalists and by residents on the Municipality's waterfront. However, the ' limestone beneath the Westside Marsh is licensed for extraction and subject to protection under Provincial policy; F. In preparing its Report of November, 1995, the Trust organized a number of meetings ' between two groups of stakeholders to consider habitat issues and other community concerns related to St. Marys proposed developments in the Westside Marsh. While these meetings were ' ongoing, additional studies were conducted and the Trust met with relevant agencies and individuals to obtain additional expert information. The plan contained in the Trust Report ' stated the following objectives: tprotect most of the Marsh and create a new habitat for fish, birds, plants and animals in order to achieve no net loss, overall, • create 120 acres of parkland to protect the community, -3- • close approximately four (4) acres of Waverly Road which would be transferred to St. Marys Cement and provide access to Cedar Crest Beach by a bridge and road connection to West Beach Road, • relocate a portion of Westside Creek, east and then south, into the portion of Westside Marsh which will be retained; G. A Letter of Intent to Implement Fish Habitat, Mitigation and Compensation Measures dated August 27, 1997 ("Letter of Intent") has been executed by Blue Circle and the Central Lake Ontario Conservation Authority ("CLOCA"). A copy of the Letter of Intent is contained in Schedule "B" hereto. It is anticipated by the Parties that it will be executed in the near future by the other parties to it, being the Ontario Ministry of Natural Resources and the Fisheries and Habitat Management - Ontario Area of the Department of Fisheries and Oceans Canada and that an extension to the dates in it will be required; H. Blue Circle and CLOCA intend to enter into a monitoring and maintenance agreement ' respecting certain lands and facilities, hereafter referred to ("Maintenance and Monitoring ' Agreement"); I. The Municipality intends to enter into a Management Agreement with CLOCA respecting the planning and management of the Westside Creek Diversion located on Westside Creek ' Diversion Areas A and B, the Overflow Channel located on Overflow Channel Areas B and C, the Reconfigured Westside Marsh, the Marsh Link Area, the Bowmanville Marsh and the ' Bowmanville Valley Lands ("Management Agreement"); J. The Letter of Intent and the Maintenance and Monitoring Agreement will implement to the extent reasonably possible, fish habitat, mitigation and compensation measures which are intended to ensure that the reconfiguration of the Westside Marsh into the smaller "Reconfigured Westside Marsh" (as hereafter defined) and the diversion of the Westside Creek to flow into the Reconfigured Westside Marsh will not result in a net loss overall in fish habitat. Similarly, the implementation of the Management Agreement is intended to ensure to the extent reasonably ' -4- possible, that there will be no net loss overall in wildlife habitat and vegetation through measures that will be designed to appropriately replace the ecological functions of the present Westside Marsh with appropriate ecological functions for the Reconfigured Westside Marsh, and the ' "Marsh Link Area", the "Bowmanville Marsh" and the "Bowmanville Valley Lands" (all as hereafter defined) and adjacent wetlands with which the Reconfigured Westside Marsh will inter- ' act. K. Ontario Hydro is the owner in fee simple in possession of those lands which comprise certain portions of Lots 11, 12, 13, 14 and 15, Broken Front Concession, former Township of ' Darlington, now in the Municipality of Clarington. They are referred to in these Principles as the "Ontario Hydro Lands" and are shown on the Plan contained in Schedule "A" hereto; L. Blue Circle intends to acquire perpetual easements from Ontario Hydro on the portions of the Ontario Hydro Lands which are identified on the Plan contained in Schedule "A" hereto and which are referred to in these Principles as the "Westside Creek Diversion Area A". Blue Circle will transfer these easements to CLOCA forthwith after the completion of construction ' of the "Westside Creek Diversion Works" (as hereafter defined); ' M. "Westside Creek Diversion Area B" referred to in these Principles comprises those portions of the Blue Circle Lands which are identified on the Plan contained in Schedule "A" ' hereto. Title in fee simple in possession to the Westside Creek Diversion Area B will be retained by Blue Circle; N. Overflow Channel Area A and Overflow Channel Area B referred to in these Principles comprise those portions of the Blue Circle Lands which are identified as such on the Plan contained in Schedule "A" hereto. "Overflow Channel Area C" referred to in these Principles presently comprises a portion of the Waverly Road Allowance identified on the aforesaid Plan. Blue Circle will retain title in fee simple in possession in Overflow Channel ' Area A and will transfer Overflow Channel Area B to CLOCA or as otherwise directed by the Municipality. O. The "Future Quarry Area" referred to in these Principles comprises the portion of the Blue Circle Lands which is identified as such on the Plan contained in Schedule "A" hereto. Blue Circle will retain title in fee simple in possession in the Future Quarry Area; P. The "Reconfigured Westside Marsh" referred to in these Principles comprises the portion ' of the Blue Circle Lands which are identified as such on the Plan contained in Schedule "A" hereto. Blue Circle will transfer title in fee simple in possession in the Reconfigured Westside IMarsh to CLOCA or as otherwise directed by the Municipality; ' Q. The "Marsh Link Area", "Bowmanville Marsh" and "Bowmanville Valley Lands" referred to in these Principles comprise those portions of the Blue Circle Lands which are ' identified as such on the Plan contained in Schedule "A" hereto. Blue Circle will transfer title in possession in the Marsh Link Area, the Bowmanville Marsh, and the Bowmanville Valley Lands to CLOCA or as otherwise directed by the Municipality, subject to the Municipality's ' option to purchase them for a nominal consideration if CLOCA is dissolved or if its composition and powers are materially altered from those in place on the date of these Principles ("Option to Purchase"); ' R. Blue Circle will construct and install at its cost certain works and vegetation for the Westside Creek Diversion on Westside Creek Diversion Areas A and B ("Westside Creek Diversion Works") in accordance with the plans, drawings, specifications and schedule of construction and installation contained in Schedule "D" hereto ("Westside Creek Diversion Works Plan"), the Letter of Intent, and the Monitoring and Maintenance Agreement. Blue Circle will maintain the Westside Creek Diversion Works as provided in the Letter of Intent and ' the Monitoring and Maintenance Agreement; ' S. Blue Circle will construct and install at its cost the Overflow Channel on Overflow Channel Areas A, B and C in accordance with plans, drawings, specifications and schedule of 1 construction and installation contained in Schedule "E" hereto ("Overflow Channel Works G Plan"). Blue Circle will maintain the Overflow Channel Works as provided in the Letter of iIntent and the Monitoring and Maintenance Agreement; ' T. Blue Circle will construct a bridge or culvert of appropriate dimensions and load carrying capacity over or through the portion of Overflow Channel Area A to provide emergency access rby emergency vehicles including fire-fighting vehicles to the homes located on the lands within registered plans of subdivision 318 and 659 via the Blue Circle Lands to Highway No. 401 as ' provided in these Principles; ' U. Without fettering Council in the exercise of its legislative discretion in order to establish the Reconfigured Westside Marsh, the Marsh Link Area, the Bowmanville Marsh and the Bowmanville Valley Lands in accordance with the intent of these Principles, the Parties intend that a portion of Waverly Road should be closed and conveyed to Blue Circle as the owner in fee simple of the abutting lands. Without fettering Council in the exercise of its legislative ' discretion, the Parties intend that in the interim, the Municipality will lease a portion of a existing private road located on the Blue Circle Land together with certain extensions thereof. The roads referred to in these Principles are shown on the Road Map contained in Schedule "F" hereto; V. "Cove Road" identified on the Road Map contained in Schedule "F" hereto presently is ' a private road extending from West Beach Road and terminating easterly of the Westside Creek. The Municipality intends to seek to acquire Cove Road from the persons who have interests in ' it and the necessary right-of-way for a single span bridge, over the Westside Creek ("Westside Creek Bridge") and approaches which also are identified on the Road Map. Without fettering ' the Municipality's Council in the exercise of its legislative discretion if Cove Road and the right- of-way for the proposed Westside Creek Bridge and approaches are acquired by the ' Municipality, the Municipality intends to reconstruct Cove Road and to construct Westside Creek Bridge and dedicate the same as a public highway. This will provide a public highway connection from Cedar Crest Beach Road to West Beach Road via Cove Road and the Westside Creek Bridge. 1 t ' The construction and reconstruction is intended to be undertaken in accordance with the plans ' and drawings contained in Schedule "G" hereto ("Cove Road and Westside Creek Bridge Plans and Specifications"). NOW THEREFORE WITNESSETH THAT in consideration of the premises and rthe covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of Canada, now paid by each Party to the others (the receipt whereof by each Parry is hereby ' acknowledged), the Parties hereto covenant and agree to and with each other as follows: ' 1. Principles are Conditional ' These Principles are conditional on, (i) all necessary approvals of the undertakings referred to in these Principles being granted pursuant to the Environmental Assessment Act and applicable legislation of the Province of Ontario; and ' (ii) all necessary approvals being obtained under applicable legislation of Canada. ' 2. Schedules in These Principles contain the following S Schedule "A" - "Plan Showing Areas and Description of Blue Circle Lands" Schedule "B" _ "Letter of Intent" Schedule "C" "Statement of Purposes" ' Schedule "D" _ "Westside Creek Diversion Works Plan" Schedule "E" "Overflow Channel Works Plan" ' Schedule "F" - "Road Map" r Schedule "G" _ "Cove Road and Westside Creek Bridge Plans and Specifications" Schedule "H" - "Description of Reserves Abutting Portions of ' Waverly Road Schedule "I" - "Estimated Costs of Construction of Cove Road, Westside Creek Bridge and Extensions of Temporary Public Highway" Schedule "Y - "Schedule of Construction of Westside Creek Diversion Works" ' Schedule "K" - "Plan Showing Easement Areas and Description of Transferee and Scope" Schedule "L" - "Modification of Region of Durham Official Plan" Schedule "M" - "Modifications of Clarington Official Plan" Schedule "N" - "Zonin g Amendment 1" rSchedule "O" - "Zoning Amendment 2" Schedule "P" - "Permitted Encumbrances" ' 3. Waverly Road ' (a) Blue Circle has applied to the Municipality of Clarington for the enactment of the necessary by-laws to close and authorize the conveyance to Blue Circle of the portion of Waverly Road identified on the Road Map contained in Schedule "F" hereto as Proposed Closure Area A together with the abutting reserves set out in Schedule "H" hereto. Blue Circle at its expense will cause to be prepared and deposited on title in the Land Registry Office, a Reference Plan identifying Proposed Closure Area A, "Proposed Closure Area B", "Proposed Closure Area C" and "Proposed Closure Area D" (each term as hereafter defined) as separate Parts. The Parties will act expeditiously so that, if possible, since the hearing of persons interested in the proposed by-law respecting Proposed Closure Area A r and the abutting reserves set out in Schedule "H" hereto has been held by Council September 29, 1997, Council will be in a position to make a decision on Blue Circle's application as soon as is reasonably practicable to do so. (b) Without fettering Council in the exercise of its legislative discretion, the Parties rexpress their present intention that as soon as is reasonably practicable after the enactment of the dedication by-law referred to in Paragraph 6 hereof respecting ' "Cove Road and the Westside Creek Bridge" (as hereafter defined), Council will consider whether to close and authorize the conveyance to Blue Circle of ' "Proposed Closure Area B" shown on the Road Map contained in Schedule "F" hereto together with the abutting reserves set out in Schedule "H" hereto provided rthat either the Municipality is satisfied that a cul de sac to the Municipality's rural standards will be available for turning vehicles and is secured by a perpetual ' easement transferred to the Municipality by Ontario Hydro at no cost to the Municipality or the Municipality retains title to the land required from the northerly portion of Proposed Closure Area B as a turning circle for vehicles ' traversing Waverly Road. (c) Without fettering Council in the exercise of its legislative discretion, the Parties express their present intention that the consideration to be paid by Blue Circle to the Municipality for the conveyance to Blue Circle of Proposed Closure Areas A and B and the abutting reserves set out in Schedule "H" hereto, and by Blue ' Circle, as its contribution to the "Cove Road and the Westside Creek Bridge Works,' (as hereafter defined) will be. ' (i) the payment a to the Municipality of the sum of $707,800.00 which shall P tY Iinclude $337,250.00 as the consideration for the transfer to Blue Circle of Proposed Closure Area A, Proposed Closure Area B and the reserves abutting them with the value of$337,250.00 being allocated to Proposed Closure Area A, Proposed Closure Area B and the reserves abutting them r -10- on a proportionate basis calculated on the areas of Proposed Closure Area A, Proposed Closure Area B and the reserves abutting them; (ii) the payment to CLOCA of at least the sum of $70,000.00 or to the "CLOCA. Foundation" (as hereinafter defined) of at least the sum of $94,500.00 or of at least the sum of$70,000.00 to the Municipality or as directed by the Municipality in accordance with paragraph 12; i (iii) the transfer to the Municipality of Parts 9 and 13 on draft plan of survey ' prepared by Brown and Coggan under File No. 1970710; r (iv) the transfer of the Marsh Link Area, the Bowmanville Marsh and the Bowmanville Valley Lands to CLOCA or as otherwise directed by the rMunicipality in accordance with paragraph 8 (a) (ii); r (v) the delivery of transfers to CLOCA in escrow of the Reconfigured Westside Marsh, with the exception of Part 9 on draft plan of survey prepared by Brown and Coggan under File No. 1970710 as provided in ' paragraph 8(a)(iv) of these Principles; and r (vi) the entering into by Blue Circle of the other agreements set out in these Principles, all in accordance with the provisions of these Principles. ' (d) Without fettering Co uncil i n the exercise of its legislative discretion, the Parties ' express their present intention that on the application of Blue Circle, Council will consider a by-law to close the portions of Waverly Road identified on the Road ' Map contained in Schedule "F" hereto as "Proposed Closure Area C" and the abutting reserves set out in Schedule "H" hereto and "Proposed Closure Area D" rand the abutting reserves set out in Schedule "H" hereto and will consider a by- law to authorize the conveyance of Proposed Closure Area C to Blue Circle. The r r r -11- Parties acknowledge that the lands comprising Proposed Closure Area C and abutting reserves are intended by Blue Circle to be part of a buffer zone for the quarry on the Blue Circle Lands. Without fettering Council in the exercise of its legislative discretion, the present intention of the Parties is that Council will consider this intended use of Proposed Closure Area C and abutting reserves in determining the consideration to be paid by Blue Circle in exchange for their conveyance to Blue Circle by the Municipality. Council and Blue Circle may ' also consider as part of the consideration for the conveyance of Proposed Closure Area C and abutting reserves, accepting Blue Circle's covenant on terms ' acceptable to both parties to keep in repair and maintain the bridge over the CN railway right-of-way identified on the Road Map contained in Schedule "F" hereto. It is understood and agreed by the Parties that when it submits its application to the Municipality for the closure and conveyance to it of Proposed Closure Area C, Blue Circle will provide the Municipality with evidence satisfactory to the Municipality's Director of Public Works either that it owns the abutting portions of Waverly Road with the exception of the reserves set out in Schedule "H" hereto, or that the owners thereof have consented to the closure of them as a public highway and conveyance of them to Blue Circle. ' (e) Without fettering Council in the exercise of its legislative direction, it is the ' intention of the Parties that on application of CLOCA, Council will consider by- laws to close and to authorize the conveyance of Proposed Closure Area D together with the abutting reserves set out in Schedule "H" hereto, to CLOCA. Effective on the date of closing of the "Temporary Public Highway" (as ' hereinafter defined), as a public highway and termination of the Lease (as hereinafter defined), Blue Circle hereby irrevocably consents to the closure of ' Proposed Closure Area D as a public highway and to its conveyance to CLOCA for a nominal consideration. -12- 4. Lease, Improvement and Dedication of Temporary Public Highwav (a) Forthwith after the execution of these Principles, Blue Circle will construct the extension of the private road shown on the Road Map contained in Schedule "F" to Waverly Road in accordance with plans and specifications approved by the Municipality's Director of Public Works acting reasonably provided that the Director shall have regard for the temporary nature of the Temporary Public Highway in making his determination as aforesaid. (b) If Council decides to pass the necessary by-laws to close and authorize the conveyance to Blue Circle of Proposed Closure Area A and abutting reserves as ' referred to in paragraph 3(a), prior to (1) the passing of the aforesaid by-laws by Council and (2) the occurrence of the Closing Date, Blue Circle will lease ("Lease") on a wholly net basis, except as otherwise provided in paragraphs 4(a) and 4(b), the portion of private road and the extension of it to Waverly Road shown on the Road Map contained in Schedule "F" (collectively referred to as the "Temporary Public Highway") to the Municipality for a single payment of a capitalized rent of $2.00, the receipt whereof is hereby acknowledged by Blue Circle. Until dedication of the Temporary Public Highway as a public highway, Blue Circle shall be entitled to use it as a roadway for its operations. The Lease ' shall provide that Blue Circle will have the right either to cross over the Temporary Public Highway or to tunnel under the Temporary Public Highway or to construct the bridge over the Temporary Public Highway including, without limitation in all cases the right to install and maintain a conveyer for materials for ' the purposes of transporting raw materials for processing at its plant; provided that all costs of constructing and maintaining any such improvements shall be the responsibility of Blue Circle and all such improvements shall be made in accordance with plans and specifications approved by the Municipality's Director of Public Works, acting reasonably and provided further that the use of the Temporary Public Highway as a public highway is not interrupted except for -13- temporary disruptions first approved by the Director acting reasonably if an alternate route acceptable to the Director is provided for the period of the temporary disruption. Without limiting the generality of the foregoing, Blue Circle shall be entitled to have at least a total of four truck crossing points across the Temporary Public Highway and Waverly Road at such locations as may be approved by the Municipality's Director of Public Works, acting reasonably. The Lease shall provide that Blue Circle shall only have the right to exercise the foregoing rights in the event that the terms of the escrow set out in paragraph 8(a)(iv) have extended more than three years from the Closing Date. The Lease ' shall be subject to a condition subsequent of the transfer to Blue Circle of the Proposed Closure Area A and abutting reserves referred to in paragraph 3(a) and rshall have a term of one year which shall be automatically renewed until it shall terminate on the day on which the Municipality's Council passes a by-law ' dedicating Cove Road and the Westside Creek Bridge (or any readjustment thereto or alternative access as determined by Council) as a public highway. Until Blue Circle gives the Municipality written notice pursuant to paragraph 8(a)(iv) requiring the return of the escrowed transfers and the repayment of the sum of money referred to therein, Blue Circle will indemnify the Municipality ' against the capital cost of necessary improvements to or reconstruction of the portion of the road that contains a culvert under the Temporary Public Highway, as may be deemed necessary by the Municipality's Director of Public Works acting reasonably, provided that the Director shall have regard for the temporary ' nature of the Temporary Public Highway in making his determination as aforesaid. Without derogating from the foregoing, the Lease shall also provide ' that the Municipality shall maintain at its expense the Temporary Public Highway for the term of the Lease. (c) Without fettering the Municipality's Council in the exercise of its legislative discretion, the Parties express their present intention that by-laws will be passed: f ' -14- (i) prior to the occurrence of the Closing Date to dedicate the Temporary ' Public Highway as a public highway until the termination of the Lease; and (ii) on or as soon as is reasonably practicable after the dedication of Cove Road and the Westside Creek Bridge as a public highway, to close the Temporary Public Highway as a public highway. 5. Emergency Access to Cedar Crest Beach Road (a) Blue Circle hereby irrevocably licences to the Municipality for a nominal consideration a portion of the Blue Circle Lands to be selected by Blue Circle which is acceptable to the Municipality's Director of Public Works acting reasonably to provide an emergency access route for emergency vehicles ' including fire vehicles from Highway 401 to the westerly terminus of Cedar Crest Beach Road and for residents of homes in plans of subdivision 318 and 659 in the event of flood. The consideration for the licence hereby granted is a single capitalized payment of $2.00, receipt whereof is hereby acknowledged by Blue ' Circle. Subject to paragraph 5(c), the emergency access route is intended to be the access route used by Blue Circle to its current dock with an extension to Cedar Crest Road and a connection to Waverly Road. The emergency access route will be kept in repair and will be maintained by Blue Circle at its expense. Blue Circle shall install at its cost a barrier to non-emergency vehicles at the southerly terminus of the emergency route. The licence shall also provide that the Municipality, police and ambulance services and the residents of homes within plans of subdivision 318 and 659 shall use the emergency access route at their own risk. The Municipality for itself and the residents of plans of subdivision 318 and 659 who use the emergency access route in the event of a flood, and such other services for themselves shall r ' -15- indemnify and save Blue Circle harmless from any costs, damages, losses or tliability arising from or in consequence of the use of such emergency access route. The licence shall automatically terminate on the opening of either of a ' grade separation at the intersection of Port Darlington Road and the CN railway right of way or on opening of extensions either of Duke Street or Liberty Street over or under Highway 401 and via a grade separation at the intersection of Duke Street or Liberty Street, as the case may be, and the CN railway right of way, iwhichever shall first occur. In the event that after the termination of the licence the residents of homes in plans of subdivision 318 and 659 need to cross the Blue ' Circle Lands as a result of flooding, Blue Circle hereby irrevocably consents to such crossing(s). (b) If the emergency access route referred to in paragraph 5(a) will traverse the ' Overflow Channel Area A a bridge or culvert of appropriate dimensions and load carrying capacity to accommodate emergency vehicles using the route will be constructed by Blue Circle at its cost in accordance with plans and drawings ' which have been first approved in writing by the Municipality's Director of Public Works. The Director shall not refuse either to accept an emergency access ' route or to approve plans and drawings for a bridge or culvert if the bridge or culvert will have sufficient load bearing capacity to accommodate fire vehicles ' and the emergency access route will be designed to accommodate radii for fire vehicles. ' c Blue Circle may from time to time replace the emergency access route referred ( ) Y P g Y ' to in paragraphs 5(a) and 5(b) with a new emergency access route on the Blue Circle Lands from Cedar Crest Beach Road to Highway 401. Paragraphs 5(a) ' and 5(b) apply in respect of each substituted emergency access route with necessary changes to it to give effect to this paragraph 5(c) being deemed to have been made. -16- 6. Cove Road and the Westside Creek Bridge (a) Without fettering Council in the exercise of its legislative discretion, the Parties express their present intention that after complying with all legal requirements, the Municipality as soon as reasonably practicable: (i) will acquire title to the lands required for Cove Road and the Westside ' Creek Bridge; ' (ii) will reconstruct Cove Road and the approaches to it, and construct Westside Creek Bridge and approaches to it in accordance with all legal requirements and the Cove Road and the Westside Creek Bridge Plans and ' Specifications; and ' (iii) forthwith after the Municipality's Director of Public Works gives Blue Circle written notice that Cove Road and the Westside Creek Bridge and the approaches to them have been reconstructed or constructed to his satisfaction, they will be dedicated by by-law passed pursuant to the ' Municipal Act as a public highway and the obligation to keep Cove Road, the Westside Creek Bridge and approaches to them in repair and ' maintained will be assumed by the Municipality pursuant to the Municipal Act. (b) The Parties acknowledge that the legal requirements referred to in paragraph 6(a) ' include the requirement to comply with the Ontario Environmental Assessment Act, the Navigable Waters Protection Act (if applicable), the Canada ' Environmental Assessment Act (if applicable), as well as regulations enforced by CLOCA. r ' -17- (c) The preliminary estimate of the Parties of all costs of acquiring the interests of ' all persons in Cove Road, the Westside Creek Bridge and the approaches to them, the reconstruction of Cove Road, and of the construction of the Westside Creek Bridge and approaches to them is contained in Schedule "I" hereto. In the event that the total as-built costs of reconstruction and construction of the Cove Road tand Westside Creek Bridge Works exceeds the total of all of the estimated costs set out in Schedule "I", then in respect of servicing and associated costs for only ' Ontario Hydro, Clarington Hydro and Bell Canada, Blue Circle will pay to the Municipality an amount equal to one-half the difference of the increase of such costs in excess of the estimates for Ontario Hydro, Clarington Hydro and Bell Canada after being given written notice of the aforesaid as-built costs by the Municipality's Director of Public Works forthwith after written demand therefor ' is given to it by the Municipality. ' 7. Actions Prior to and After Closing Date ' (a) Prior to the "Closing Date" (as hereafter defined) Blue Circle at its cost, ' (i) will execute an agreement for the acquisition of a perpetual easement from Ontario Hydro in that portion of the Ontario Hydro Lands which comprise ' the Westside Creek Diversion Area A which will be transferred on completion of the Westside Creek Diversion Works to CLOCA for a ' nominal consideration; (ii) will execute a letter of intent to implement fish habitat mitigation and compensation measures with the Department of Fisheries and Oceans, tCanada and other persons substantially with the content of the Letter of Intent contained in Schedule "B" hereto subject from time to time to an ' extension of timing set out therein to accommodate the timing contemplated by these Principles and any delays resulting from the t ' -18- Municipality's inability to satisfy the terms of the escrow set out in 1 paragraph 8(a)(iv); ' (iii) will execute a Monitoring and Maintenance agreement with CLOCA respecting the Westside Creek Diversion Areas A and B, and Overflow rChannel Areas A, B and C which contain terms satisfactory to the Municipality's Director of Public Works; (iv) will prepare and use its best efforts to obtain the written approval of the ' Department of Fisheries and Oceans, Canada, the Ministry of Natural Resources, CLOCA and the Municipality's Director of Public Works of ' the Westside Creek Diversion Works Plan, Dyke Area A, Dyke Area B and the Overflow Channel Works Plan. (The approved plans are referred ' to in these Principles as the "Approved Westside Creek Diversion Works Plans" and the "Approved Channel Overflow Works Plans" respectively.) ' (b) After the Closing Date, and in any event, no later than 12 months after the date of closing of the Temporary Public Highway as a public highway, Blue Circle at its cost will commence the construction and installation of the Westside Creek Diversion Works and will proceed to complete the same in good faith and with ' reasonable expedition in accordance with the Approved Westside Creek Diversion Works Plan and with the schedule of construction contained in Schedule "Y ' hereto, subject to "Force Majeure" (as hereafter defined), provided that if the Letter of Intent is not amended from time to time to coincide with the aforesaid ' date of commencement, the date of commencement set out in this paragraph 7(b) shall be deemed to be that set out in the Letter of Intent. ' o later than 12 months after the date (c) After the Closing Date, and m any event n to of closing of the Temporary Public Highway as a public highway, Blue Circle at its cost will commence the construction and installation of the Overflow Channel I ' -19- Works, and proceed to complete the same in good faith and with reasonable ' expedition in accordance with the Approved Overflow Channel Works Plan and with the schedule of construction contained in Schedule "J" hereto, provided that ' if the Letter of Intent is not amended from time to time to coincide with the aforesaid date of commencement, the date of commencement set out in this ' paragraph 7(c) shall be deemed to be that set out in the Letter of Intent. Blue Circle's obligation for the Overflow Channel Works is subject to the Municipality conveying Proposed Closure Area D and the abutting reserves set out in Schedule "H" hereto to CLOCA and CLOCA allowing Blue Circle to have access to complete such works. (d) For the purposes of these Principles, the term "Force Majeure" means any delay for the duration of the delay which is imposed by reason of strikes, lockouts; ' riots, wars or acts of military authority, acts of public enemies, sabotage, epidemics, washouts, nuclear and radiation activity or fallouts, rebellion or civil commotion, fire or explosion; flood, wind, water, earthquake or other casualty, prohibitory governmental laws or regulations, or an Act of God and any act, omission or event whether of the kind herein enumerated or otherwise not within 1 the control of Blue Circle, and not caused by the deliberate default or act or omission by Blue Circle and not avoidable by the exercise of reasonable effort or foresight by Blue Circle. 8. Closing Date (a) On the Closing Date, ' (i) if (1) the portion of Waverly Road comprising the land within Proposed Closure Area A has been closed as a public highway by the Municipality's Council by the enactment of the necessary by-law under the Municipal Act, (2) that by-law has been registered in the Registry Office for the _20_ Registry Division of Durham(No. 40), and(3) the Municipality's Council ' has authorized the transfer to Blue Circle of Proposed Closure Area A together with the abutting reserves more particularly described in Schedule i "H" hereto, the Municipality shall transfer Proposed Closure Area A and the abutting reserves to Blue Circle in fee simple, free and clear of encumbrances and restrictions except for Permitted Encumbrances set out in Schedule "P" and the parties agree that for purposes of the Land iTransfer Tax Affidavit, the value of the consideration for this transfer shall be based on multiplying the total consideration of$337,250.00 by a fraction, the denominator of which shall be the total area of Proposed Closure Areas A and B and the abutting reserves and the numerator of iwhich shall be the area of Proposed Closure Area A and its immediate ' abutting reserves; and Blue Circle shall transfer to CLOCA or as otherwise directed by the iMunicipality the Marsh Link Area, the Bowmanville Marsh and the i Bowmanville Valley Lands, in fee simple, free and clear of encumbrances and restrictions other than Permitted Encumbrances set out in Schedule "P" and the Option to Purchase which Blue Circle shall grant to the Municipality, except that in the case of the Marsh Link Area Blue Circle imay reserve to itself a perpetual easement of access to the Westside Creek Diversion Area "B" over Easement Area "B" shown on the plan contained iin Schedule "K" hereto as provided in Schedule "K"; and Blue Circle shall pay the sum of $707,800.00 to the Municipality in accordance with paragraph 3(c) and the sum of either not less than i $70,000.00 to CLOCA or not less than $94,500.00 to the CLOCA Foundation or the payment of at least $70,000.00 to the Municipality or as directed by the Municipality in accordance with paragraph 12; i ' -21- (iv) Blue Circle shall deliver in escrow to the Municipality, a transfer of the ' Reconfigured Westside Marsh, with the exception of Part 9 on draft plan of survey of record prepared by Brown and Coggan under File No. i1970710 to CLOCA or as otherwise directed by the Municipality in fee simple, free and clear of encumbrances and restrictions other than (1) a ' perpetual easement of support of Dyke Area "B" in accordance with the plan contained and the relevant portion of the text of Schedule "K", (2) ' a temporary easement to permit the construction and installation of the Westside Creek Diversion Works and monitoring and maintenance of the ' same in accordance with the Letter of Intent and the Monitoring and , Maintenance Agreement, (3) Permitted Encumbrances set out in Schedule "P", and (4) the Option to Purchase the Reconfigured Westside Marsh which Blue Circle shall grant to the Municipality. The escrow condition of delivery shall be fully satisfied and the delivery of the transfer shall be effective on the latest to occur of (1) the dedication of Cove Road, the Westside Creek Bridge and approaches to them as a public highway, (2) ' the registration of a by-law closing the Temporary Public Highway as a public highway in accordance with the Municipal Act, and (3) the surrender of the Lease of the Temporary Public Highway. If the escrow has not been satisfied on or before the expiry of 3 years following the Closing Date (which shall be automatically extended by the period of any litigation preventing the Cove Road reconstruction, the Westside Creek ' Bridge construction, the dedication of Cove Road and the Westside Creek Bridge and approaches as a public highway or the closing of the ' Temporary Public Highway as a public highway and the period of Force Majeure, provided that such extension shall occur only so long as the Municipality is actively conducting such litigation in good faith) Blue Circle by written notice given to the Municipality may require (1) the ' return of the escrowed transfer of the Reconfigured Westside Marsh, (2) the return of the escrowed transfers of the easements referred to in r ' -22- paragraph 8(a)(v), (3) if Proposed Closure Area B with abutting reserves have not been conveyed to Blue Circle by the Municipality, the repayment of a sum equal to the proportionate value of the sum of$337,250.00 paid ' by Blue Circle to the Municipality on the Closing Date which is attributable to Proposed Closure Area B and abutting reserves with the rcalculation to be made in the same manner as set out in paragraph 8(a)(i), and (4) the repayment to Blue Circle of the sum of $370,550.00 paid by ' Blue Circle to the Municipality on the Closing Date less one half of the costs expended by the Municipality following the date of execution by the ' Parties of the Principles either to pay or to indemnify itself in respect of the costs incurred for one or more of the purposes set out in Schedule "C". If the escrowed transfer of the Reconfigured Westside Marsh and escrowed transfer of the easements are returned to Blue Circle, Blue Circle shall have no further obligation hereunder to transfer the same. In ' the event that the transfer of the Reconfigured Westside Marsh is rendered void by reason of the provisions of the Perpetuities Act, R.S.O. 1990, 1 c.P.9, as amended or any successor legislation, the obligations of Blue Circle with respect to the fisheries habitat referred to in the Letter of ' Intent, the obligations referred to in the Monitoring and Maintenance Agreement with CLOCA and the obligations with respect to the construction of the Westside Creek Diversion Works shall also be rendered void. (v) Subject to paragraph 8(a)(iv), Blue Circle shall deliver in escrow to the Municipality transfers to CLOCA or otherwise directed by the Municipality of perpetual easements in Easement Areas "C", "Dl", "D2", "G" and "H" shown on the plan contained in Schedule "K" hereto, free and clear of encumbrances and restrictions other than Permitted Encumbrances set out in Schedule "P" and the Option to Purchase which -23- Blue Circle shall grant to the Municipality, in the areas, for the purposes ' and to the transferees also as set out in Schedule "K" hereto; and (vi) Blue Circle shall deliver to the Municipality transfers of Parts 9 and 13 on draft plan of survey prepared by Brown and Coggan under File No. ' 1970710 in fee simple free and clear of all encumbrances and restrictions other than Permitted Encumbrances set out in Schedule "P". The Option to Purchase referred to in these Principles shall be granted for a nominal ' consideration and have a form and content satisfactory to the Municipality's solicitor acting reasonably, provided that the Municipality assumes the rights and duties of ' CLOCA under the Monitoring and Maintenance Agreement. (b) The Closing Date ("Closing Date") shall be three business days (excluding Saturdays, Sundays, and statutory holidays) after the last to occur of the following events: (i) satisfaction of the conditions set out in paragraph 1 of these Principles; ' (ii) the passing of by-laws by Council to close and authorize the conveyance of the portion of Waverly Road comprising the Proposed Closure Area A and reserves abutting such Area; ' (iii) the Lease to the Municipality b Blue Circle of the Temporary Public ( ) P tY Y ' Highway; (iv) the passing of a by-law by the Municipality to dedicate the Temporary Public Highway until the expiry of the term of the Lease thereof to the Municipality; -24- (v) the date of approval of the later to be approved of the Approved Westside Creek Diversion Works Plan and the Approved Overflow Channel Works Plan as referred to in paragraph 7; (vi) the execution by Blue Circle and the other parties to it of the Letter of ' Intent referred to in paragraph 7(a)(ii); (vii) the execution by Blue Circle and the other party to it of the Monitoring and Maintenance Agreement referred to in paragraph 10; (viii) the execution of an agreement by Blue Circle and Ontario Hydro to ' transfer an easement in Westside Creek Diversion Area A to CLOCA on completion of the construction of the Westside Creek Diversion Works; (ix) plans of survey have been prepared and deposited on title as provided in paragraph 16; ' (x) satisfaction of the conditions set out in paragraph 23 of these Principles; and (xi) the completion of the acquisition by the Municipality of all lands and interests in land, required for the reconstruction of Cove Road and the ' construction of the Westside Creek Bridge. 9. Fisheries Habitat ' Provided that the Letter of Intent containing terms satisfactory to Blue Circle acting reasonably is executed on behalf of Blue Circle, CLOCA, the Ontario Ministry of Natural Resources and the Fisheries and Habitat Management - Ontario Area of the Department of Fisheries and Oceans, Canada, Blue Circle at its cost and in accordance with paragraphs 7(b) -25- and 7(c) hereof, will construct and install the Westside Creek Diversion Works including the rdykes on Dyke Areas A and B shown on Schedule "A" hereto in accordance with the Approved Westside Creek Diversion Works Plan and the Approved Overflow Channel Plan and maintain ' the same at its cost in accordance with the provisions of the Letter of Intent and the Monitoring and Maintenance Agreement subject to Force Majeure. 10. Monitoring and Maintenance Agreement (a) Forthwith after the execution of these Principles, Blue Circle will enter into a Monitoring and Maintenance Agreement with CLOCA containing terms satisfactory to Blue Circle acting reasonably, respecting the Westside Creek ' Diversion Works, and the Overflow Channel Works. (b) Subject to the terms of these Principles, Blue Circle will perform each of its ' covenants to CLOCA respecting the Westside Creek Diversion Works and the Overflow Channel Works which are contained in the Monitoring and Maintenance Agreement subject to Force Majeure. I -26- 11. Management Agreement r (a) The Municipality will use its best efforts to settle the terms of and will execute an appropriate Management Agreement with CLOCA in respect of the planning and the management of the "Westside/Bowmanville Marsh Wetland Complex" which comprises the Westside Creek Diversion Areas A and B, the Overflow Channel Areas A, B and C, Dyke Area B, the Reconfigured Westside Marsh, the rMarsh Link Area, the Bowmanville Marsh, the Bowmanville Valleylands and the wetlands and valleylands south of the CN railway. r (b) The principal objective of the Management Agreement will be to ensure to the rextent reasonably possible, by the actions of the parties to it that there will be no net loss overall in wildlife habitat and vegetation of the present Westside Marsh. rThe Management Agreement will define the roles and responsibilities including the financial responsibilities of the parties to it, as well as the members of the rgeneral community who are interested in ensuring that the ecological functions of the present Westside Marsh will be replaced with appropriate ecological functions in the Westside/Bowmanville Marsh Wetland Complex. In order to address this and related issues, the Municipality will co-operate with CLOCA in the preparation of a Management Plan for the Westside/Bowmanville Marsh Wetland Complex. 12. Contribution to Start-Up Process (a) To assist CLOCA in obtaining necessary funds to meet the start-up costs of its management of the Westside/Bowmanville Marsh Wetland Complex, conditional on (1) Blue Circle paying to the Municipality the sum of $707,800.00 on the Closing Date; and (2) Blue Circle paying the sum of either at least $70,000.00 reither to CLOCA or at least the sum of $94,500.00 to a charitable organization for which CLOCA is seeking registration as an organization to which tax r r -27- deductible donations may be made ("CLOCA Foundation") or the payment of at least $70,000.00 to the Municipality or as directed by the Municipality in accordance with paragraph 12(b) on the Closing Date, (3) the transfers to CLOCA of the lands and easements referred to in paragraph 8; and (4) the approval by the Municipality of the terms of reference for a study, the Municipality intends to pay to CLOCA a sum of money to be settled with CLOCA which shall not exceed $100,000.00, the payments to be made in response to periodic invoices to the Corporation as work is completed for the preparation of a Management Plan for the Westside/Bowmanville Marsh Wetland rComplex, provided that the Closing Date has occurred before any payment is made to CLOCA by the Municipality. (b) The Parties acknowledge that Blue Circle's payment either of at least the sum of $70,000.00 either to CLOCA or at least the sum of $94,500.00 to the CLOCA Foundation as referred to in paragraph 8(a)(iii) is intended to be used as start-up funds for the implementation of the Management Plan provisions, respecting the ecological functions of the Westside/Bowmanville Marsh Wetland Complex. In the event that before the Closing Date the Municipality directs that Blue Circle transfer the Reconfigured Westside Marsh to a transferee other than CLOCA, Blue Circle shall pay the aforesaid sum of at least $70,000.00 either to the Municipality or as the Municipality directs, to be used by the payee as the aforesaid start-up funds. 13. Ontario Hydro Easement Subject to the terms of these Principles, Blue Circle will enter into an agreement with J p � g Ontario Hydro containing terms satisfactory to Blue Circle acting reasonably to permit Blue Circle to construct and install the Westside Creek Diversion Works on Westside Creek Diversion Area A including the dyke on Dyke Area A in accordance with the Approved Westside Creek Diversion Works Plan, the Letter of Intent and the Monitoring and Maintenance Agreement. t -28- The agreement shall provide for the transfer, at Blue Circle's cost, of a perpetual easement in Westside Creek Diversion Area A to CLOCA and, if acceptable to Ontario Hydro, to Blue Circle forthwith after CLOCA gives notice to Blue Circle in writing that the Westside Creek Diversion Works on Westside Creek Diversion Area A have been completed to CLOCA's satisfaction. The easement shall be transferred for a nominal consideration and shall be in a rform and have a content that is satisfactory to the Municipality's solicitor acting reasonably. 14. Westside Creek Diversion ' Subject to the terms of these Principles, Blue Circle will construct and install at its cost certain works and vegetation for the Westside Creek Diversion on Westside Creek Diversion rAreas A and B ("Westside Creek Diversion Works") in accordance with the plans, drawings, specifications and schedule of construction and installation contained in the Approved "Westside rCreek Diversion Works Plan", the Letter of Intent, and the Monitoring and Maintenance ' Agreement. Blue Circle will maintain the Westside Creek Diversion Works to the extent provided in the Letter of Intent and the Monitoring and Maintenance Agreement. 15. Overflow Channel Works Subject to the terms of these Principles, Blue Circle will construct and install at its cost the Overflow Channel on Overflow Channel Areas A, B and C in accordance with the Approved Overflow Channel Works Plan. Blue Circle will maintain the Overflow Channel Works to the rextent provided in the Letter of Intent and the Monitoring and Maintenance Agreement. i r r r r -29- 16. Description and Transfers (a) Blue Circle at its cost shall prepare and deposit in the Land Registry Office for the Registry Division of Durham (No. 40), plans of survey of record identifying the Reconfigured Westside Marsh, the Marsh Link Area, the Bowmanville Marsh, the Bowmanville Valley lands, Overflow Channel Areas A, B and C, Proposed Closure Areas A, B, C and D, Westside Creek Diversion Areas A and B, Dyke Area B and Easement Areas "B" to "H" inclusive, as referred to in these Principles. (b) All transfers to CLOCA or as otherwise directed by the Municipality shall have a form and content satisfactory to the Municipality's solicitor, acting reasonably. All governmental fees and taxes payable on the registration of such transfers shall be paid in equal shares by Blue Circle and by the Municipality. (c) The Municipality at its cost shall prepare and register in the Land Registry Office for the Registry Division of Durham (No. 40), plans of survey of record identifying Cove Road and the Westside Creek Bridge, inclusive as referred to in these Principles. 17. Security Fence and Signage Forthwith after completion of construction of the Westside Creek Diversion Works and, the dykes located on Dyke Areas A and B, Blue Circle will construct and maintain signage warning of quarrying operations and a chainlink security fence with a minimum height of 6 feet with gates at locations first approved by the Municipality's Director of Public Works acting reasonably and to the satisfaction of Ontario Hydro, CLOCA and the Municipality's Director of Public Works, provided that prior to the commencement of quarrying operations including any excavation on any portion of the Future Quarry Area, Blue Circle may install a farm fence -30- with a minimum height of 4 feet which shall be replaced by Blue Circle with the aforesaid security fence before quarrying operations are begun. ' 18. Supply of Aggregate and Concrete When tenders are called for the construction and installation of the Cove Road and the Westside Creek Bridge Works, the Municipality will provide in the tender documents that aggregate and concrete supplies for the Works shall be purchased from Blue Circle, provided the prices to be paid therefor by the tenderer whose offer to construct and install is accepted by the Municipality do not exceed the then current market prices for these products in the ' Municipality that would be paid by the contractor but for the provisions of this paragraph 18. 19. Official Plan Modifications and Zoning Amendments 1 (a) Without fettering the Municipality's Council in the exercise of its legislative discretion, it is the present intention of the Parties that forthwith after the passing of by-laws to close Closure Area A as a public highway and authorize its conveyance with the abutting reserves to Blue Circle pursuant to these Principles, (1) the Municipality will request that the modifications to the Region of Durham Official Plan and the Clarington Official Plan contained in Schedules "L" and "M" hereto, respectively, be made, and (2) after complying with the provisions of the Planning Act, will enact the amendments to its Zoning By-law which are set out in Schedule "N" hereto. Blue Circle will not object to any of the aforesaid Official Plan provisions and related designations, provided that the relevant approving authority continues to defer (1) all of the policies in Section 16.5 of the Clarington Official Plan, Section 7 of these Modifications and Map rA-3 of the Clarington Official Plan except insofar as Section 7 and Map A-3 apply to the lands within Special Policy Area I; and (2) the words "and a commercial docking facility" in line 5 of Section 18.2.2, clause 18.2.2(a) and the dock area on the Blue Circle Lands which is shown on Map A-5 of the -31- Region of Durham Official Plan, until the terms of the escrow condition in paragraph 8(a)(iv) have been satisfied. (b) Without fettering the Municipality's Council in the exercise of its legislative discretion, it is the present intention of the Parties that Council will enact the amendments to its Zoning By-law which are set out in Schedule "O" hereto as soon as is reasonably practicable after Proposed Closure Area B with abutting reserves is transferred by the Municipality to Blue Circle, and Blue Circle's licence to extract aggregate is amended to include Proposed Closure Areas A and B and to exclude the Reconfigured Westside Marsh. After the escrow terms of ' paragraph 8(a)(iv) have been satisfied, Blue Circle will act in good faith and with reasonable expedition in applying for and in prosecuting its application for the aforesaid amendment to its aggregate extraction licence under the Aggregate Resources Act. 20. Waterfront Trail Relocation The Municipality will consent to the relocation of any portion of the Ontario Hydro Lands which have been licensed to the Municipality and have been developed for the purposes of a waterfront trail for the use of members of the public that coincides with any one or more portions of Westside Creek Diversion Area A, provided that (1) the Municipality's Director of Planning and Development approves the design and specifications therefor in writing which shall not exceed the standard of surface improvement of the existing Waterfront Trail, (2) the cost thereof is paid by Blue Circle, and (3) Blue Circle provides a temporary alignment satisfactory to the Municipality's Director of Planning and Development acting reasonably for the portion of the Waterfront Trail in question throughout the construction period which is suitable for use by the public from April 1 to October 31 of the year(s) of construction of the Westside Creek Division Works. Notwithstanding the foregoing, the Municipality agrees that Blue Circle may iinterrupt the Waterfront Trail for construction purposes for reasonable periods of time, provided that Blue Circle gives notice in writing to the Municipality's Director of Public Works at least r -32- 48 hours before each interruption stating the likely duration of the interruption in question and installs signs approved by the aforesaid Director at either end of the Trail to notify members of the public that the portion of the Trail in question is closed. 21. Removal of CBM Crusher No later than two years after the later of the days on which a by-law is registered closing the Temporary Public Highway as a public highway and the Lease of the Temporary Public Highway is released to Blue Circle, Blue Circle at its cost shall remove the crusher presently located on the portion of the Blue Circle Lands which is adjacent to the Ontario Hydro Lands and presently used in connection with the CBM operations, from the Blue Circle Lands. Following the removal of the aforesaid crusher Blue Circle will not instal or cause or suffer any person to instal a crusher dedicated for use in the CBM operations on any portion of the Blue Circle Lands except in accordance with the policies set out in Section 16.5.2 of Modification No. 170 to the Clarington Official Plan contained in Schedule "M". 22. Interdependency of Principles and Covenants Not to Merge (a) Each of the Principles contained herein is interdependent until the Closing Date upon the performance of the covenants of the Parties that are required to be completed prior to or on the Closing Date pursuant to paragraphs 7(a) and 8(a). (b) All covenants, provisions and terms contained in these Principles on the part of both Blue Circle (save for title) and the Municipality shall not merge on the Closing Date but shall survive the Closing Date and for greater clarification, shall not merge upon the delivery of any transfer of any of the Blue Circle Lands to ' CLOCA or as the Municipality may direct. 23. Conditions of Blue Circle -33- These Principles are conditional on Blue Circle on or before the date of Unwinding set out in paragraph 24 satisfying the following conditions: ' (a) Blue Circle being able to satisfy the requirements to obtain the necessary agreements and approval from third parties as set out in subparagraphs (i), (ii), (iii) and (iv) inclusive of paragraph 7(a) hereof; ' (b) Blue Circle obtaining the necessary approval and appropriate partial discharges and postponements in favour of the transfers and easements of portions of the ' Blue Circle Lands which are to be given under these Principles by Blue Circle from the holder of all trust indentures, charges and mortgages affecting all or any ' portion of the Blue Circle Lands which are to be included in such transfers or easements; and ' (c) Blue Circle either obtaining the necessary consents under the severance provisions of the Ontario Planning Act to the partial discharges of all trust indentures, charges and mortgages affecting the lands being transferred by Blue Circle under these Principles or the Municipality agreeing to take title to all such lands so that such consents are not required pursuant to section 50(17)(c) of the Planning Act. ' 24. Unwinding of Principles In the event that any of the conditions referred to in paragraph 1 and paragraph 23 or any of the events listed in paragraph 8(b) is not satisfied prior to December 31, 1999, these Principles shall terminate and have no force or effect ("Unwinding"). In the event of an Unwinding of these Principles, neither Party hereto shall have any liability whatsoever to the other Party hereto. r ' 25. Environmental Condition -34- Immediately after execution of these Principles, Blue Circle shall provide the ' Municipality and/or CLOCA with access to those portions of the Blue Circle Lands which are to be transferred to CLOCA or as the Municipality may otherwise direct pursuant to these ' Principles for the purposes of the performing of Environmental Site Assessments by qualified professional environmental consultants. Such access shall be subject to the rights of any existing ' tenants of such lands and the Municipality or CLOCA as the case may be shall indemnify and save Blue Circle harmless from any costs, damages or liability whatsoever or injury to persons ' or animals arising by reason of or in consequence of such access being given. Upon completion of such inspections as the Municipality or CLOCA may deem appropriate, complete copies of all reports or other written correspondence or memoranda dealing with such inspections shall be delivered to Blue Circle. These Principles are conditional within the time frame set out herein on the Municipality's Directors of Planning and Development and Public Works in consultation with CLOCA, each acting reasonably, being satisfied that the lands to be transferred to CLOCA or as otherwise directed by the Municipality are not unacceptably contaminated ' having regard to the purpose of the transfers as contemplated in these Principles. If written notice is given by the Municipality to Blue Circle prior to the expiry of the 45 day period commencing on the day on which these Principles are executed that the aforesaid lands or any of them are unacceptably contaminated, these Principles shall terminate and neither Party shall ' have any liability to the other and if no such notice is given, this condition shall be deemed to be satisfied. This condition is included in these Principles for the benefit of the Municipality ' and may be waived by the Municipality by notice in writing given to Blue Circle. 26. Assumption Agreement Required ' If Blue Circle desires to sell, lease including renewals for a term of twenty-one(21) years or more or charge the Blue Circle Lands prior to the Closing Date, Blue Circle shall first require the proposed purchaser or lessee to enter into an agreement with the Municipality to be bound by these Principles with respect to that portion of the Blue Circle Lands being acquired by them ' -35- to the same extent as if such proposed purchaser or lessee was a party to these Principles. Where a mortgage, charge, lease, assignment of lease or sublease of a leasehold interest is given by way of security for financing, then such mortgagee, chargee, lessee, assignee or sublessee ' thereunder shall not be bound to assume such of Blue Circle's obligations and covenants unless and until such mortgagee, chargee, lessee, assignee or sublessee takes possession or control of ' the Blue Circle Lands pursuant to such security and then only for such period of time as they remain in possession or control of the Blue Circle Lands. The parties agree that these Principles ' do not create an interest in land other than in those portions of the Blue Circle Lands to be conveyed to CLOCA or the Municipality as set out herein and neither these Principles nor any ' notice, caution or other registration relating to these Principles shall be registered, filed or recorded in any way against the titlsto the balance of the Blue Circle Lands. 27. Governing Law These Principles are governed by and shall be interpreted and enforced in accordance with the laws of the Province of Ontario, Canada. ' 28. Time of Essence Time shall be of the essence of these Principles. ' 29. Effect These Principles are binding on and enure to the benefit of the Parties and their respective successors and assigns. r ' -36- 30. Notice If any notice or other document is required to be or may be given by either Party hereto to the other or by any official of the Municipality to Blue Circle under this Agreement, such notice shall be transmitted by telefax or mailed by prepaid registered post or delivered to: Blue Circle: Blue Circle Canada Inc. ' 400 Waverly Road South Bowmanville, Ontario L1C 3K3 1 Attention: Plant Manager Phone No.: (905) 623-3341 ' Fax No.: (905) 623-4695 The Municipality: The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario ' L1C 3A6 Attention: Chief Administrative Officer ' Phone No.: (905) 623-3379 Fax No.: (905) 623-0830 or such other telefax number or address of which either Party has notified the other Party in writing. Any such notice telefaxed or mailed or delivered shall be deemed good and sufficient notice under the terms of this agreement and if telefaxed or delivered prior to 4:30 p.m. on any business day (excluding Saturdays, Sundays and statutory holidays) shall be deemed to have been received at the time of delivery or transmission and if mailed by pre-paid registered mail, it shall ' be deemed to have been received on the third business day (excluding Saturdays, Sundays and statutory holidays) following the mailing thereof. Notwithstanding the foregoing, in the event that it may be reasonably anticipated that due to Force Majeure any notice will not be received ' within the time limit set out above, then such notice shall be sent by an alternate means of transportation which it may reasonably be anticipated will cause the notice to be received reasonably expeditiously by the addressee. ' -37- 31. Authority of Municipality Blue Circle acknowledges and agrees that the Municipality has authority to enter into this Agreement, that every provision hereof is authorized by the law and is fully enforceable by the Parties, and that this Agreement is made by the Municipality in reliance on the acknowledgement ' and agreement of Blue Circle as aforesaid. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written and the Parties hereto have hereunto affixed their corporate ' seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND ) THE CORPORATION OF THE ' ) MUNICIPALITY OF CLARINGT N DELIVERED ) } ' ) Mayor Cilerk i BLUE CIRCLE CANADA INC. Per. , - . } Name: Ti e: J, n',eM�� V ice "�resrde� Per: Name: V Title: J ;c;P Acu�rAl&) t) ' LOT 14 T 13 LOT 12 11 g � 3 WESftil—E CREEK —' 4 ' DIVERSION AREA' ® C9 —� CRE �+ ® DYKE AREA`A* � y i0N" WESTSIlpf CREEK ' DIVERSIO AREA-W, _ J © am Ims to un - tr ' FUTURE Q AREA ""` r MARSH LINK INK ' AREA BLUE DYKE AR 'B' CIRCLE LANDS ' I D.7aa K RECONFIGURED WESTSIDE MARSH r o0 OVERFLOW CHANNE A Lake Ontario LANDS I J FLOW ' OVERFLOW I NNEL CHANNEL LANDS'B' LANDS'A' PROPOSED 2:1 QUARRY SIDE SLOPE ae BENCH PROPOSED DNERSION CHANNEL SIDE SLOPE 2 or 3:1 I •� II I SCHEDULE "A" 1 97-0J r ' SCHEDULE "A" DESCRIPTION OF BLUE CIRCLE LANDS FIRSTLY: ' ALL AND SINGULAR those certain parcels or tracts of land and premises situate, lying and being in the Town of Bowmanville, in the Township of Darlington, in the ' County of Durham, in the Province of Ontario, and being composed of parts of Township Lot Eleven (11) in the Broken Front Concession, now within the limits of the said Town of Bowmanville, lying South of the Canadian National Railway right-of-way and North of the ' Northerly limit of Registered Plan Number 198 and its production Easterly, the boundaries of the said parcels being more particularly described as follows; ' PARCELI ' Part of Darlington Street and parts of Lots 156, 157 and 158, and all of Lots 159 and 160, according to a plan made for Wilson, Armour and Mearns, by Thomas Wallace Herrick, P.L.S., registered the 28th day of May, 1857, now known as Plan H50078, and part of Township Lot 11 in the Broken Front Concession of the Township of Darlington, now within the limits of the said Town of Bowmanville, containing by admeasurement 1.32 acres, be the same more or less, which said parcel or tract of land may be more particularly described as follows; COMMENCING at the point of intersection of a fence marking the Southerly limit of the ' Canadian National Railway right-of-way with the Easterly limit of said Lot 11, said point distant Southerly in the last-mentioned limit nineteen hundred and sixty-six and sixty-one one-hundredths feet (1966.61') on a course of South 17 degrees 36 minutes 30 seconds East from the North- Easterly angle of said Township Lot 11; THENCE South 17 degrees 36 minutes 30 seconds East along the Easterly limit of said Lot 11 ' a distance of two hundred and thirty-seven and fifty-one one-hundredths feet(237.51') to an iron bar planted at the point of intersection with the Northerly limit of a sixty-six foot (66') service road expropriated by Deposited Plan Number 14618 for the Town of Bowmanville; THENCE South 85 degrees 34 minutes 30 seconds West in said Northerly limit of the service road a distance of three hundred and fifteen and six-tenths feet (315.6') to an iron bar planted at the point of intersection with the Easterly limit of a sixty-six foot(66') road leading Southerly from said Railway right-of-way; THENCE North 17 degrees 37 minutes 30 seconds East along the Easterly limit of the said road a distance of two hundred and sixty-six and eight one-hundredths feet (266.08') to an iron bar planted at the point of intersection with a fence marking the Southerly limit of the said Railway right-of-way; SCHEDULE "A" - 2 - ' THENCE North 87 degrees 55 minutes 30 seconds East along the Southerly limit of said Railway right-of-way a distance of thirty-nine and twenty-five one-hundredths feet (39.25') to an iron bar marking an angle in the said limit; ' THENCE South 88 degrees 00 minutes East continuing along the said Southerly limit a distance of one hundred and twenty-three feet (123') more or less to the POINT OF ' COMMENCEMENT. SUBJECT TO whatever rights the public may have in that part of unopened Darlington Street running across the land hereby conveyed at the Northern limit thereof and adjoining the said Canadian National Railway right-of-way. As described in Instrument Number 30724. ' PARCEL ' Part of Lot Eleven (11) in the Broken Front Concession in the said Township of Darlington, now within the limits of the said Town of Bowmanville, lying East of a sixty-six foot (66') road running Southerly through said Lot 11, containing by admeasurement 12.45 ' Acres, be the same more or less, said parcel or tract being more particularly described as follows; COMMENCING at an iron bar planted at the point of intersection of the Southerly limit of a sixty-six foot (66') service road expropriated by said Deposited Plan Number 14618, with the Easterly limit of said Lot 11, said point distant Southerly in the last-mentioned limit twenty-two ' hundred and seventy-one and nine-one one-hundredths feet (2271.91') from the North-Easterly angle thereof; ' THENCE South 85 degrees 34 minutes 30 seconds West along the Southerly limit of the said service road a distance of one hundred and eighty-seven and twenty-nine one-hundredths feet (187.29') to an iron bar; THENCE South 17 degrees 35 minutes 30 seconds West a distance of three hundred and eight and forty-two one-hundredths feet (308.42') to an iron bar planted in the Northerly edge of a creek; THENCE on a general bearing of North 68 degrees 13 minutes West in and along the Northerly edge of the said creek a distance of one hundred and fifty-eight and six-tenths feet (158.6') to an iron bar planted at the point of intersection with the Easterly limit of a sixty-six foot (66') road running Southerly; ' THENCE South 17 degrees 37 minutes 30 seconds West along said Easterly limit a distance of sixty-eight and ninety-eight one-hundredths feet (68.98') to an iron bar marking an angle in the said limit; ' SCHEDULE "A" - 3 - 1 THENCE South 66 degrees 08 minutes 30 seconds East continuing along the limit of the said road a distance of ninety-two and eleven one-hundredths feet(92.11') to an iron bar marking an angle in the said road; THENCE South 26 degrees 29 minutes 30 seconds East continuing along the Easterly limit of the said road a distance of fifty-three and seventy-nine one-hundredths feet (53.79') to an iron ' bar marking the North-Westerly angle of the lands described in Instrument Number 14862 for the town of Bowmanville; THENCE North 63 degrees 30 minutes 30 seconds East a distance of thirty-seven feet (37') to an iron bar; ' THENCE South 66 degrees 41 minutes 30 seconds East a distance of one hundred and thirty and ninety-two one-hundredths feet (130.92') to an iron bar marking the South-Easterly angle of the lands described in said Instrument Number 14862; THENCE South 63 degrees 30 minutes 30 seconds West along the Southerly limit of the said lands a distance of one hundred and twenty-one and five-tenths feet (121.5') to an iron bar planted at the point of intersection with the Easterly limit of the aforesaid road; ' THENCE South 26 degrees 29 minutes 30 seconds East continuing along the Easterly limit of the said road a distance of five hundred and sixty-seven and fifty-eight one-hundredths feet (567.58') to an iron bar marking an angle in the said road; THENCE South 51 degrees 08 minutes 30 seconds East continuing along the Easterly limit of the said road a distance of one hundred and four and one-tenth feet (104.1') to an iron bar marking an angle in the said limit; THENCE South 31 degrees 20 minutes 30 seconds East continuing along the Easterly limit of ' the said road a distance of seven hundred and seventy-seven and eighty-one one-hundredths feet (777.81') to an iron bar marking an angle in the said limit; ' THENCE South 16 degrees 10 minutes 30 seconds East continuing along the Easterly limit of the said road a distance of one hundred and thirty-two and ninety-two one-hundredths feet (132.92') more or less to an iron bar planted at the point of intersection with the Easterly production of the Northerly limit of Registered Plan Number 198, said iron bar distant Easterly in said production thirty and sixty-five one-hundredths feet (30.65') from the most Northerly angle of Block "O", Registered Plan Number 198; THENCE North 68 degrees 08 minutes 30 seconds East in said production a distance of one g P ' hundred and four and seventy-five one-hundredths feet (104.75') more or less to the point of intersection with the Easterly limit of said Lot 11; f SCHEDULE "A" - 4 - ' THENCE North 17 degrees 38 minutes 30 seconds West along the Easterly limit of said Lot 11 a distance of nineteen hundred and six feet (1906') more or less to the POINT OF COMMENCEMENT. As described in Instrument Number 30724. Save and Except: ' That Part of said Parcel 2 being hat Part of Lot 11, Broken Front Concession designated as g g Parts 4, 5 and 7, Expropriation Plan 88189, Town of Bowmanville, Regional Municipality of ' Durham. ' PARCEL 3 Part of Lot Eleven (11) in the Broken Front Concession in the said Township of Darlington, now within the limits of the said Town of Bowmanville, lying South of the Canadian National Railway right-of-way and West of a sixty-six foot(66')road running Southerly through said Lot 11, containing by admeasurement 52.57 acres, be the same more or less, said parcel or tract of land being more particularly described as follows: COMMENCING at an iron bar planted at the North-Westerly angle of Registered Plan Number 198 for the Town of Bowmanville; THENCE North 68 degrees 08 minutes 30 seconds East along the Northerly limit of Blocks "H" and "K" according to said Registered Plan Number 198 a distance of eleven hundred and sixty and one-tenth feet (1160.1') more or less to an iron bar planted in the Northerly limit of Block "N", Registered Plan 198, said iron bar distant Westerly in the last-mentioned limit thirty-five and sixty-eight one-hundredths feet (35.68') from an iron tube marking the North Easterly angle of said Block "N"; ' THENCE North 16 degrees 10 minutes 30 seconds West along a fence marking the Westerly limit of a sixty-six foot (66') road a distance of one hundred and thirty and seven-tenths feet (130.7') to an iron bar marking an angle in the said fence; THENCE North 31 degrees 20 minutes 30 seconds West continuing along a fence marking the Westerly limit of said road a distance of seven hundred and fifty-seven and five-tenths feet (757.5') to an iron bar marking an angle in the said fence; ' THENCE North 51 degrees 08 minutes 30 seconds West continuing along a fence marking the Westerly limit of the said road a distance of one hundred and seven feet (107') to an iron bar marking an angle in the said fence; ' SCHEDULE "A" - 5 - ' THENCE North 26 degrees 29 minutes 30 seconds West continuing along a fence marking the Westerly limit of a sixty-six foot (66') road a distance of seven hundred and twelve feet (712') to an iron bar marking an angle in the said fence; THENCE North 66 degrees 08 minutes 30 seconds West continuing along the said fence marking the South-Westerly limit of the said road a distance of one hundred and thirty feet ' (130') to an iron bar; THENCE North 21 degrees 08 minutes 30 seconds East continuing along the Westerly limit of the same road a distance of forty and five-tenths feet (40.5') to an iron bar marking an angle in the said road; THENCE North 17 degrees 37 minutes 30 seconds East continuing along the Westerly limit of a sixty-six foot (66') road a distance of two hundred and forty and nine-tenths feet (240.9') to an iron bar planted in the line of a fence running North-Westerly. THENCE North 55 degrees 07 minutes West along the centre line of the said fence a distance of eighty-three and four-tenths feet (83.4') to an iron bar marking an angle in the same fence; THENCE North 00 degrees 57 minutes 30 seconds West continuing along the said fence a ' distance of twenty-three feet (23') to an iron bar; THENCE South 87 degrees 44 minutes West a distance of two hundred and twenty-five feet (225') to an iron bar; THENCE North 12 degrees 46 minutes West a distance of three hundred and two feet (302') to an iron bar planted in the Southerly limit of the Canadian National Railway right-of-way; THENCE South 88 degrees 14 minutes West along the Southerly limit of the Canadian National Railway right-of-way a distance of three hundred and thirty-five and five tenths feet (335.5') to an angle in the said limit; THENCE South 50 degrees 46 minutes West continuing along the Southerly limit of the Canadian National Railway right-of-way a distance of fifty-nine feet (59') to an iron bar marking an angle in the said limit; THENCE South 80 degrees 16 minutes West continuing along the Southerly limit of the said Railway right-of-way a distance of two hundred and seventy-five feet (275') to an iron bar planted at the point of intersection with the Westerly limit of said Lot 11, said iron bar distant Southerly in the last-mentioned limit sixteen hundred and fifty-eight feet three inches 91658'3") ' more or less from the North-Westerly angle of said Lot 11; SCHEDULE "A" - 6 - ' THENCE South 17 degrees 46 minutes East along the Westerly limit of said Lot 11 a distance of twenty-six hundred and fifteen and seventy-five one-hundredths feet (2615.75') more or less to the POINT OF COMMENCEMENT. As described in Instrument Number 30724. Save and Except: That Part of said Parcel 3 being hat Part of Lot 11, Broken Front Concession designated as Part g g of Part 1, Part 2 and Part 8, Expropriation Plan 88189, Town of Bowmanville, Regional ' Municipality of Durham. ' SECONDLY: 1 Lots 1, 2, 3, 4 and 5, Blocks A and B, Plan 694, formerly in the Geographic Township of Darlington, now in the Town of Newcastle, Regional Municipality of Durham, and those parts of the one foot reserves, on Plan 694, designated as Parts 3, 5, 7 and 9 on Plan 1OR-852 save and except the following lands: That Part of Lot 4, Plan 694, being designated as Parts 4 and 5, Expropriation Plan 88190, Town of Newcastle, Regional Municipality of Durham; That Part of Lots 1 and 3, Plan 694, being designated as Part of Part 1, Expropriation Plan 88189, Town of Newcastle, Regional Municipality of Durham; That Part of Lot 4, Plan 694, being designated as Parts 11 and 12, Plan IOR-852, Town of Newcastle, Regional Municipality of Durham; TOGETHER with those rights of way as more particularly described in Instrument Nos. N30904, N30725 and N30720. THIRDLY: Parcel CL=4751 in the Register for Section Water Lot Darlington, being part of the bed of Lake rOntario in front of parts of Lots 14 and 15 and the road allowance between the said lots, Broken Front Concession, as shown on the plan of the Township of Darlington, being also in front of Lots 4 and 5 and Block "B", as shown on Registered Plan 694, designated as Part 1 on a plan and field notes of Water Lot Location CL-4751 deposited in the Land Registry Office for the Registry Division of Newcastle as Plan 10R-2426. r ' SCHEDULE "A" - 7 - FOURTHLY: Parcel CL-8140 in the Register for Section Water Lot Darlington being part of the bed of Lake r Ontario in front of parts of Lots 15 and 16, Broken Front Concession (formerly Township of Darlington), Town of Newcastle, Regional Municipality of Durham and in front of Registered Plan 694, designated as Part 1 on Plan 40R-14460. r r 1 r r r r t 1 1 r 1 r r r ' SCHEDULE 'B" Auguust 27, 1997 DILLON LETTER OF INTENT CONSULTING 100 Sheppard Russell Powell Avenue East, Chief Administrative Officer Suite 300, Central Lake Ontario Conservation Authority Toronto,Ontario, 100 Whiting Avenue Canada Oshawa, Ontario N12N 6N5 L 1 H 3T3 Mad: Box 1850, North York, ' Glenn Price Ontario,Canada Ontario Ministry of Natural Resources M2N 61-15 50 Bloomington Road West Aurora, Ontario Telephone L4G 3G8 (416)229-4646 Fax Vic Gilman, Area Manager (416)229-4692 Fisheries and Habitat Management- Ontario Area Department of Fisheries and Oceans Canada P.O. Box 5050, 867 Lakeshore Road Burlington, Ontario L7R 4A6 Re: Blue Circle Canada Inc. (formerly St. Marys ' Cement) Bowmanville Quarry Letter of Intent to Implement Fish Habitat ' Mitigation and Compensation Measures ' Dear Gentlemen: Enclosed please find four copies of the Letter of Intent signed by Gary Gentles, ' president of Blue Circle Canada Inc. As you know,Blue Circle has recently purchased St. Marys Cement. In this final process of approval, we request that you sign the final Dillon Consulting ... cont'd Limited r . ' Page 2 August 27, 1997 Letter of Intent to Implement Fish Habitat Mitigation and Compensation Measures page of each letter where indicated. Following this, please courier this letter with the four copies of the Letter of Intent to the person whose name appears next on the list, using the appropriate envelope. The signed Letter of Intent will then be inserted into the final version of the Westside Marsh Fish Habitat Compensation Report and distributed immediately. We would appreciate execution of this process in a timely fashion and thank you in advance for your attention. Yours sincerely, ' Dillon Consulting Limited Shawn Taylor, M.Sc. Project Manager Encl. i 3AL:mrb 94-1800-13-02 i BLUE CIRCLE CANADA INC.BOWMANVILLE QUARRY LETTER OF INTENT TO IMPLEMENT FISH HABITAT NIITIGATION AND COMPENSATION MEASURES FINAL In accordance with the Federal Department of Fisheries and Oceans' Policy for the Management of Fish Habitat (DFO 1986), and the Habitat Conservation and Protection Guidelines (DFO 1994), and with particular reference to the principle of"no net loss of the productive capacity of fish habitats": rBlue Circle Canada Inc.will provide habitat enhancement measures in Westside Creek and Westside Marsh as described in the report and preliminary concept drawings prepared by Dillon Consulting Limited and in the drawings prepared by Marshall Macklin Monaghan. r This has been prepared following the recommendations of the Waterfront Regeneration Trust November 13, 1995 report. rTo compensate for the destruction of 21.28 ha'of Westside Marsh and 550 m of Westside Creek(totals 10.14 productivity units [P.U.]), Blue Circle Canada Inc. will implement the following measures. Although Westside Marsh is a Class 2 Provincially Significant Wetland,the Provincial Wetland Policy does not apply, as the current quarry licence predates the Policy. 1. Westside Creek Diversion-Creation of 2,540 m Natural Lowflow Channel(0.93 P.U.) r Construct a 1,835 m long floodway and approximately 2,540 m long bankfull/low flow channel combination, in a valley varying from 5 - 8 m in width along the Ontario Hydro Corridor, to divert ' flow from Westside Creek to the Northern Tip of the wetland and,subsequently to the new Creek . Mouth and into Westside Marsh. The channels will incorporate fish habitat features to allow migration of fish and provide spawning resources for forage fish species. Three culverts will be ' constructed 55.0, 110.0 and 42.5 metres in length. One cell of each culvert will be installed at an elevation to allow migratory passage by fish and to maintain sediment transport,while other cells will carry flood flows only. The Creek Diversion is divided into six distinct reaches with the following geomophologic characteristics.A minimum of 2 growing seasons will be allowed before diverting water flow to allow plant establishment, conduct maintenance and minimize erosion. Preliminary design drawings for each reach are presented in Appendix B of the report. r 1 r i Please see Table 6.3,the Minns Method productivity model for translation of hectares to productivity units.Note the area of fish habitat destroyed exceeds the areas that will be created or enhanced,but that the lost productivity units are balanced such that there is no net loss. 1 1 r f Westside Creek Diversion Channel -GeornorD holo is Characteristics Reach I Reach 2 Reach 3 Reach 4 Reach 5 Reach 6 Bankfull Width m variable 1.5 3.0 2.5 1.8 1.8 Bankfull De th m variable 1.4 1.2 0.3 0.55 0.4 M)Meander Band Width 5.0 5.0 6.5 6.5 8.0 8.0 Meander Radius m variable 4.05 7.8 6.7 4.9 4.9 Meander Frequency m variable 12-15 21-27 17-23 14-17 14-17 Sinuosity 1.1 1.5 1.5 1.8 1.5 1.5 Gradient % 1.75 0.28 0.16 0.017 0.012 0.13 loo�lwda gl th(m) 100 365 82 180 465 435 uZerts m J Reach 1 • A medium gradient transition zone 110 m long will be constructed between the existing railroad culvert and the lower invert elevation required for Reaches 2 and 3. A gravel bed nourishment zone will be built over a reinforced rootwad corner,which is followed by a series of Riffle Gravel Beds. The geometry is based on a Rosgen Type C4 channel in a 5m wide floodway channel. Reach ends ' at culvert under Waverley Road. The Riffle Gravel Beds will be constructed 0.5-1.0 m deep from a mixture of 20% 5-10 mm limestone gravel, 40% 10-30 mm riverstone and 40% 50-70 mm cobblestone. Reach 2 • The low gradient,547 m long,entrenched lowflow channel is based on Rosgen Type E6 geometry. The reach extends from Reach 1 to the first set of Hydro Tower culverts(42 m long),and includes the Waverly Road culvert. • Woody trees and shrubs will be established along the floodway side slopes to the top of bank. Slopes faces are will be hydroseeded with native grass species and toes of slopes to be bioengineered with live willow socks at 2.0 in spacings(as detailed in Drawings L5, L7 in Appendix B). • The floodway bottom(5 m wide)will be lined with organic topsoil from the wetland including plant propagules obtained from the converted portion of the Northern Tip sub-unit. ' • The lowflow channel will be lined with limestone gravel to encourage formation of a riffle-step pool complex,to create microniches for aquatic insects and create potential spawning habitats for forage fish species. Submerged tree cover logs will be provided to enhance habitat. Reach 3 • A low gradient'30 in long,entrenched,lowflow channel similar to Reach 2 will be constructed with the exception of a wider(6.5 m)floodway and wider and more shallow lowflow channel. This short reach provides a transition from Reach 2 to the Northern Tip wetland area. ' • Floodway and lowflow channel treatment similar to Reach 2. 2 Reach 4 • A very low gradient,324 m long,lowflow channel through the Northern Tip of the Wetland will be constructed during winter frozen conditions. A relatively wide and shallow channel will be constructed to innundate the surrounding wetland area during low intensity, frequent storm events as well as larger events. • Railroad Creek flows will be integrated into the meander pattern of Westside Creek at a constructed confluence. Reach 5 ' • A very low gradient,698 m long, lowflow channel extending from the Northern Tip of the Wetland toward the southern extension of the Creek will be implemented in one 8 m wide regularly inundated floodway. This reach also contains the second set of Hydro Tower culverts(42 m long) which will be built with one cell lower in elevation to ensure constant fish passage. • An erosion buffer between the flooded channel and floodway side slopes will be bio-engineered with a continuous bond of shrub willow wattles to provide erosion revetment,shade,food resources for fish and wildlife habitat. • The drier portions of the floodway channel bottom including the bankfull and low flow channels will be layered with organic soils (200 mm deep) from the Wetland, or equivalent, as a medium for planting a dense vegetative growth of emergent aquatic plants (i.e. sedges, sweet flag, blue flag irises)along the streamside over the silt clay based substrate. ' • The floodway side slopes will be stabilized with bioengineered woody plants (i.e. buckthorn, staghom sumac)and grass seed to stabilize the soil and once established, will be kept unmaintained, in a natural state. Reach 6 ' • A very low gradient 653 m long lowflow channel with permanently flooded channel and floodplain will be constructed throughout the base of the floodway channel. • The valley will be permanently flooded by the wetland backwater to approximately 75.1 m.a.s.l., with a spring high water level of 75.4 m a.s.l.. The valley will have riparian vegetation along a 1.0 m band at the toe of slope with hardstem and river bulrush throughout the 8.0 m wide floodplain. A 200 mm deep layer of organic soil from the wetland will provide the growth medium. ' • The valley side slopes will be bioengineered with native willow,buckthorn and sumac plantings in an alternating scale pattern, at a spacing of 6 m or with 30 m'clumps randomly planted over the slopes. • The flooded channel will be built out into the Creek Mouth open water zone to integrate the two waterbodies at an estuary as described below. Depending on the current flow rates of the stream and water levels in the Marsh, the flooded channel mouth will create numerous habitats for fish, invertebrates and other related organisms. 3 2. New Westside Creek Mouth-Creation of 2.52 ha Deep Water Refuge(2.02 P.U.) ' • Approximately 2.52 ha of deep water refugewill be created with littoral zones and aquatic plant beds at the Creek mouth. • Creation of 3 zones of 2.5 in depth for over-wintering fish refuge, 0.5 - 1.5 m depth shallower spawning,nursery,and forage habitats for Centrarchids,Percids and northern pike ' and 2 pools of 1.5 in depth for other aquatic organisms. • Shallow Open Water Zones of depths to approximately 1.0 in below low water level(LWL) will be planted with submerged and broad leaf emergent macrophytes and stocked with root tangles to provide habitat for yellow perch, largemouth bass,crappie,brown bullhead and juvenile northern pike. Aquatic macrophyte beds such as Potomogeton, water lily, bladderwort and Elodea will be established by transplanting at 2 foot on-centre spacings ' using plants from the wetland and/or plants grown from seed from Westside Marsh or Bowmanville Marsh. • A total of 50 adult Largemouth Bass(1 kg)will be stocked in the Creek Mouth during the ' establishment period. The deepwater zones will be stocked with 21 deep or shallow water structures(root tangles,tree tangles, inverted rootwads, log cribs)and 17 semi submerged structures(fallen trees) to provide cover for all life stages of yellow perch,largemouth bass, crappie and brown bullhead. ' 3. East End of Berm-Creation of 1.65 ha of Pike Spawning Habitat(1.32 P.U.) • A total of 1.65 ha of spawning and nursery habitat for northern pike will be created by ' removing this area of the existing topsoil berm and reconfiguring the bottom. Emphasis will be on nursery habitat creation. The area will be excavated,lined with organic soils 300 mm ' deep, from the wetland and planted as specified following. • Wet Riparian Zones that will be seasonally flooded to the normal High Water Level,will be constructed with shallow slopes and planted with narrow leaf emergents, broad leaf ' emergents and wet tolerant grasses in order to develop suitable conditions for spring spawning northern pike and forage fish. Channels and pools will be planted with submerged aquatic plants to create pike nursery habitat. Existing wetland vegetation will be ' transplanted at 2 foot on-centre spacings or through the mass movement of. plant propagules from existing sedge meadows during the dormant season. • Micro channels, to improve access to this zone by these species will be field-fitted to be appropriate to the conditions. The channels will be stocked with 8 submerged or inverted root or tree tangles to provide shelter and cover habitat for larval and juvenile northern pike and all life stages of yellow perch,largemouth bass, crappie and brown bullhead as well as haul outs for reptiles(ie. turtles). • A series of embedded chain link fences sections will be constructed at the nine inlets to protect the new habitats(East end berm,Backbeach) during the 2 year establishment period by prohibiting carp entry and predation of vegetation. 4 i • The remaining berm will be replanted with oak tree seedlings(black oak,white oak and red ' oak)and prairie grasses to create additional habitat resources and as complementary wildlife habitat. ' 4. Central Basin-Enhancement of 6.02 ha(2.41 P.U.) ' • Enhancement of 6.02 ha of Central Basin with eight deeper water zones to provide winter and thermal refuge for largemouth bass and other target fish species(i.e. northern pike and yellow perch)will be constructed by hydraulic dredging or by dredging through the ice. ' • Deep Open Water Zones of depths to approximately 2.7 m below LWL will be excavated and supplemented with submerged and floating macrophytes at 1.0 m spacing. The Zones will be stocked with 17 deep water structures(tree tangles, root tangles)and 14 shallow ' water structures(log cribs)to provide overwintering habitat for adult northern pike and all life stages of yellow perch, largemouth bass, crappie and brown bullhead. ' • A series of four islands to deflect creek flows into the Marsh for increased open water circulation and residence time will be constructed from the dredgate. Fish and wildlife habitat abutting the island chain will be enhanced through vegetation transplanting and root wad stabilization. • The existing macrophyte community will be enhanced to provide both shallow and deep water cover through transplanting aquatic vegetation as above. ' • A total of 200 largemouth bass will be stocked in the Central Basin at the start of the establishment period. 1 s 5. Littoral Zone Along New Partition Berm-Enhancement of 0.53 ha(0.16 P.U.) ' • Shaping of all side slopes facing the Marsh with elliptical edge will be completed with followup planting of woody shrubs,trees and emergent aquatic macrophytes. Alder and ' willow to be cleared from the alder thicket will be used where practical. • A total of 530 m of shoreline edge will be scalloped over a width of 10 m and faced with granular substrates below the waterline of mixed grades of fine gravel, coarse gravel, cobblestone and boulders suitable for fish and invertebrate substrate spawners. • Submerged rocky shoals and woody debris will be established in the littoral zone as shoreline cover where no vegetative cover(i.e.water lilies)remains. A total of 8 shallow water cover structures (root tangles,tree tangles)will be placed along the shoreline. ' 6. Northern Tip-Enhanced Access to 1.81 ha(0.77 P.U.) ' • A transition zone along Westside Creek through the 1.81 ha retained northern tip will be established that has bankfull and lowflow capacity channels. Construction will occur during the winter to minimize vegetation disruption. 7. West Basin-Enhances Edge Habitat over 0.85 ha(0.17 P.U.) ' • Two deep open water zones will be constructed with vertical wall dropoffs along the cattail clumps to increase the net overall area of edge habitat and increase access to the fringe areas ' of cattail clumps and habitats in the overflow floodway. • Two zones of depths to approximately 2.7 m below LWL will be excavated and planted with submerged and floating macrophytes at 1.0 m spacing. The zones will be stocked with 4 ' deep water structures(tree tangles,root tangles)to provide overwintering habitat for adult northern pike and all life stages of yellow perch, largemouth bass, crappie and brown bullhead • The existing macrophyte community will be enhanced to provide both shallow and deep water cover through transplanting aquatic vegetation as above. ' + 8. Cattail Clump 3 and 4-Enhances 1.19 ha(0.12 P.U.) ' • Portions of cattail clumps 3 &4 will be excavated to provide edge habitat,cover,open water habitat and greater edge structure. Isolated islands of cattails will be retained to allow greater edge habitat,terrestrial habitat resources and provide vertical cover. ' • Create deepwater zones to depths of 3.5 m in areas of excavated cattails ensuring distinct drop-off structure at points of elevation change. 1 6 9. Backbeach-Enhanced Access to 2.88 ha(1.15 P.U.) ' • Access channels .3 to 1.7 in deep(74.3 to 73.7 in elevation)will be excavated throughout entire length and area(2.88 ha)of the backbeach sub-unit. Construction will occur during winter freezeup to minimize impacts to vegetation. • Permanent water channel linkages to both the East End Berm(South Berm),central basin and outlet channel a minimum of 1 in wide and maximum of 4 in wide will be constructed. A series of embedded chain link fence sections will be constructed at the nine inlets to protect the new habitats(East end berm,Backbeach) during the 2 year establishment period by prohibiting carp entry and predation of vegetation. • Adjacent to the remnant fen community,construction will be strictly controlled to avoid impacts to the fen. Protective fencing will be installed to prohibit vehicle traffic from the ' fen and delineate the protection area boundaries. ' 10. Overflow Floodway Channel-Created Shallow Zones over 0.35 ha(0.21 P.U.) • A low flow channel will be excavated within the 12 m wide floodway to a continuous invert ' elevation of 73.5 m.The area considered to be habitat is to be 0.35 ha. • The low flow channel will mimic the design of the floodway channel of West Side Creek The meander pattern will be irregular with small offside channels,blind ponds and dense ' emergent vegetation. • The floodway will be constructed to a width of 12 m at base and will be flooded at the marsh interface and slowly increasing in elevation until the control point at Waverly Road ' at an elevation of 75.68 m, a distance of 250-m. Organic soil from the wetland will be layered to a depth of 300 mm between elevations of 74.0 and 75.68 m.. • Excavated cattails from marsh construction (i.e. clumps 3 and 4) and salvaged sedge meadow propagules will be transplanted into portions of the floodway at the appropriate depths. ' • The Overflow Floodway Channel will provide water depths rangining from 1.5 in to zero during the summer to encourage the establishment of diverse vegetation similar to that of the existing sedge meadow where the land is above the normal water level. ' 11. Mitigative Methods ~ ' Detailed mitigative methods will be determined during detailed design work and submitted for review by the Ministry of Natural Resources,Central Lake Ontario Conservation Authority and the Department of Fisheries and Oceans,Fish Policy and Habitat Management Branch along with the design drawings. Initial mitigative methods to be considered are as follows; • Dredging of existing wetlands to be completed by a barge mounted hydraulic dredge or through the ice with an excavator, with dredgate deposited in an abandoned portion of 7 t wetland for settlement. The dredgeate will be deposited to a location,and in a manner such ' that it will not re-enter the open water areas of the marsh. Where feasible,work is to be completed under dry conditions; all water control materials, (ie. Sand bags) shall be removed from the site, • Construction to occur primarily in winter and summer when fish spawning and bird nesting I migration are minimal. Reflecting the cold water status of the Lake Ontario fishery and potential for silt mobilization,an in-marsh construction constraint of April 1 to July 1 will be observed for using heavy equipment in the construction of the wetland so that impacts to the offshore fishery and nesting birds are minimized. ' • A sediment and erosion control plan will be established on the detailed design drawings and will be adhered to by the contractors. This plan will be reviewed and approved in advance by the Ontario Ministry of Natural Resources - Aurora district and the Department of ' Fisheries and Oceans,Fisheries and Habitat Management-Ontario Area. • Machinery working in and around water will be in good working condition, free of ' extraneous grease and oil and will be refueled no closer than 30 in away from the water, • An emergency spills management plan will be prepared and implemented during construction of all habitats, ' • Where possible (ie. Creek Diversion), water flows will be diverted elsewhere while the bioengineering works become established, • The existing remnant fen will be protected from intrusion with stout fencing during construction of the Backbeach access channels or when machinery are working in the area. Similar natural areas will be fenced and marked as restricted areas during construction to protect sensitive vegeation and wildlife communities.The Hemi-Marsh within the wetland will be so marked following installation of the partition berm,and • Transfer of fish and vegetation will be under the direction of the supervising biologist. 12. Construction and Establishment Timing Construction will occur primarily in the winter and summer months over three years beginning in 1998. The Creek valley habitats will be stabilized with a minimum of 2 years growth of ' bioengineering materials prior to moving waterflow into the new Creek bed and closing off the wetland. An establishment period of two years will follow primary construction to allow plant ' densities to increase,sediments to stabilize and repairs to be completed. During this period,carp- control fencing will be erected at the Creek Diversion,Creek Mouth,East End Berm,and Backbeach areas. The establishment period may differ among habitats as activities such as fish stocking, weeding, fertilization,fencing,will be required. 13. Detailed Plans ' Detailed drawings of clearing and grubbing, survey layout, sediment and erosion control, ' 8 landscaping,culvert works, channel morphology, floodway design and habitat structure details will be submitted to the signatories of this agreement for final approval by November 30, 1997. 14. Monitoring Plan A ten year post habitat construction monitoring program will be implemented to assess the success ' and utilization of the reconfigured Creek and Marsh covering at least three spawning seasons. Population changes in the indicator species as identified in the Report will generally be used to determine the level of success of the project in achieving no net loss of productivity. ' Automated data recorders of water levels and temperatures are currently operated in the Marsh and Creek. An automated weather station was installed at the Blue Circle Canada Inc. Technical ' Centre in 1996 to collect data on rainfall, air temperature, wind speed and wind direction. The automated dataloggers will be maintained throughout the construction,establishment and monitoring ' periods. Air photography will be conducted on an annual basis, and at the same time each year, covering the project life span.Bedload sampling in the Creek will be performed at ten permanently monumented locations to determine sedimentation and erosion rates. ' A Pre-construction data collection program will collect the following information: ' • Inventory the fish species community using 3 foot hoop nets, fine mesh seining and electrofishing using a standard level of effort. ' • Water and bedload sediment sampling will be undertaken in the Creek,both upstream and downstream of Waverly Road,and within the wetland to establish preconstruction levels of suspended sediment and associated particle sizes. ' • Records of the following parameters will be collected at the water surface and just above the bottom bi-weekly during the ice-free period to chart the rate of turbidity and primary productivity increases over the growing period: Dissolved oxygen,temperature,pH,secchi ' disk, turbidity. Samples of the following will be collected from mid water column bi-weekly during the same period chlorophyll a, particulate organic matter & total particulates. ' • Spring pike spawning activity will be documented to determine use and locations • Monitor under-ice dissolved oxygen, temperature, pH and conductivity in standardized ' locations. During the Two Year Establishment Period,installation of long term monitoring apparatus will ' be conducted along with inspection and maintenance of the works. • Place gangs of four sedimentation tubes in five locations within the Creek Mouth and ' Central Basin to chart the accumulation of sediments in these areas during the 10 years post construction. 1 9 1 Inspect the meandering low flow channel,side slopes and bioengineering works in diversion channel ' for stability of the channel and valley walls. Collect bedload samples at monumented stations during six event flows. Install concrete monument posts at ten selected locations along the Creek Diversion and accurately ' plot the valley cross sections to establish the new baseline conditions before abandoning the old creek bed and initiating flow to the new channel. Install gangs of eight bank pins on 2:1 slopes and survey in to measure relative vertical rates of movement. • Inspect plant beds,grading and habitat features in wetland and implement warranty work ' by the contractor prior to finalization of construction contract. A ten year Post Construction monitoring program will be implemented that collects and analyzes ' detailed performance data to be collected in years 2, 5 and 10 following the establishment period as follows: • Survey permanent monuments and bank pins along sections of the Creek Diversion; collect geomorphology monitoring statistics(cross sections,velocity,erosion rates,offset distance) ' and inspect bioengineering works to confirm the rate of meander migration and slope stability. • Collect water samples at five of the monumented stations every 500 in along the Diversion Channel and at the Creek Mouth outlet three times(seasonal)per year; analyze for Total Phosphorus,Soluble Reactive Phosphorus and Total Organic Carbon. Collect representative ' samples of streamside vegetation biomass. • Conduct instream sediment sampling twice per year at monumented stations during event flows to characterize the bedload of the diverted creek. Map the depositional zones and ' sediment plume on digital base.Analyze sediments for Total Phosphorus and calculate mass loadings. • Records of the following parameters will be collected at the water surface and just above ' the bottom bi-weekly during the ice-free period to chart the rate of turbidity and primary productivity increases over the growing period: Dissolved oxygen,temperature,pH, secchi disk, turbidity. Samples of the following will be collected from mid water column ' bi-weekly during the same period: chlorophyll a, particulate organic matter & total particulates. • Inventory the fish species community using 3 foot hoop nets, fine mesh seining and electrofishing at standard control stations in each new habitat using a standard level of effort. ' • Spring pike and early summer largemouth bass spawning activity will be documented to determine use and locations of spawning activity. • Inspect created physical habitats in the wetland for physical changes and plant colonization. ' Review the long tern creek flow and water level data to recalculate the water budget. • Fish habitat assessment will accompany the field efforts to document the post habitat 10 construction plan and profile, including depths,substrates,vegetative cover and other cover types. A digital air photo map of habitat features and vegetative communities will be developed for each year of the program with an overlay of the habitat areas so that long term trends in vegetation encroachment and sedimentation patterns can be observed. Reporting will include interim,cumulative monitoring reports will be prepared for submission in ' the second and fifth years following the period of establishment. A final report following the tenth year of post construction monitoring will integrate all of the results of the previous years and provide a realistic summary of the project successes and failures. These reports will be submitted to all ' signatories of this agreement by June 30 in the year following the major monitoring periods. 15. Plan Deviation It is understood that constraints may arise which may result in a deviation from the proposed plan. Any deviations will be discussed and approved in advance with Fisheries and Habitat Management- Ontario Area Office,Department of Fisheries and Oceans,Burlington. ' The Department of Fisheries and Oceans,Ontario Region,will: • provide advice on the proposed projects and offer assistance regarding interpretation of any aspects of the "Policy for the Management of Fish Habitat"which will require clarification. The Central Lake Ontario Conservation Authority,will: ' • review the detailed design drawings and provide written comments to Blue Circle Canada Inc. and provide advice on sediment and erosion control as necessary. The Ontario Ministry of Natural Resources,will: • review the detailed design drawings and provide written comments to Blue Circle Canada Inc., ' provide advice on fishh transfers, fish stocking practices as necessary and provide a fish transfer permit to allow the supplementary stocking of Largemouth Bass. 11 As agreed to: Gary Gentles,President Date Blue Circle Canada Inc. ' ON. Gilman,Area Manager Dare Departmen:of Fisheries and Oceans Fir herics a.:d Habi*.at Management-Ontario GIen Price Date ' Area Supervisor,Aurora District - Ministry of Natural Resources Russcll Powell bate Chief Administrative Officer ' Central Lake Ontario Conservation Authority August 1997 Page 12 ' SCHEDULE "C" STATEMENT OF PURPOSES The costs referred to in paragraph 8(a)(iv) of the Principles are the following: • land appraisals of the lands to be acquired for the reconstruction of Cove Road rand the construction of the Westside Creek Bridge; and • legal services provided to the Municipality in respect of the acquisition of lands ' and interests in Cove Road, the Westside Creek Bridge and approaches thereto, and the implementation of the Principles including representation of the Municipality in any hearings that may be required to obtain approvals of senior governments, retainer of experts to prepare reports and appear as witnesses, the acquisition of lands and interest and approvals of the Official Plan provisions and zoning amendments referred to in these Principles, and the negotiation and ' preparation of a management agreement with CLOCA; and ' • engineering consulting services respecting the implementation of the Principles and obtaining necessary approvals of senior governments referred to in the ' Principles, the preparation of working drawings and specifications for the works referred to in these Principles, preparation of tender material and construction ' contract documents, award of contracts, construction supervisions and performance of the duties of the Municipality's engineering consultant under the ' construction contract; and • acquisition of lands and interest in Cove Road, and lands, required for the Westside Creek Bridge and approaches to them; and ' SCHEDULE "C" -2- ' • the reconstruction of Cove Road and the construction of the Westside Creek Bridge in accordance with these Principles. r r r r r r r r r r r r r r r Y iSCHEDULE "D" WESTSIDE CREEK DIVERSION WORKS PLAN NOTE: In addition to the works shown on the following plans, Blue Circle will plant a vegetated buffer zone on the lands outside of the top-of-bank of the Westside Creek diversion channel as follows: 1. For Westside Creek Diversion Area A a) at the waterfront trail, between Waverly Road to the first set of towers, a planted vegetated buffer area totalling approximately 13 metres wide generally comprised of approximately 2-5 metres wide at the top-of-bank and approximately 8-10 metres wide south of the waterfront trail and planted with mixed deciduous tree and shrub seedlings (short varieties as per Ontario Hydro approval); ' b for the lands west of Waverly Road, a vegetated buffer area approximately 2 metres wide at the top-of-bank planted with shrub seedlings 3 metres off-centre ; and ' c) at all other locat io ns, a vegetated buff e r area totalling approximately 10 metres wide comprised of approximately 2 metres wide at the top-of-bank and subject to Ontario Hydro approval 8 metres wide outside of Easement Area A to be planted with shrub seedlings 3 metres off-centre. 2. For Westside Creek Diversion Area B a) by the Marsh Link Area, a vegetated buffer zone approximately 10 metres wide comprised of mixed deciduous hardwood seedlings 3 metres off-centre; and b) between the Westside Creek Diversion Area B and the quarry, a vegetated buffer zone planted with white spruce seedlings 3 metres off-centre. ' -1- -_.—.'— --------'----_� Place wfnow socks - �---^- ---- Gravel Bed Nourishment in drilled holy-s along toe of 2 layers of o0mm rip rap Bunk over rout wad Slope. Offset nl :Sm spacing. r./r filter fabric (TYP) Erosion Protection. E,rpanded Plan View stakes Om _ see detail below 1 �r• I' ,I�; r e 1 - - — See detail this sheet. "1, -I h•�f'••'1 _ .-.. g J 1 ' 1, 5e r; ri _. e Detail >, — — — I1 � _._ , .- r 1 VILM 1 — =,•-.� TF- 0th•c_--' -_. r �- - 1' 1 v r 1 ., ., .. ., -- --- 5n lull 00 5 ems,,•• i• _ �w``rw rini PLAN sw ti\�\t3`�-87 �"��_.``•' `',`• to -- �-�- 111 SECTION 1+200 RRwa wade wra.n.eraat.a '' rh 1. 1 'r, 80.0 .._. ..........-�..-_.- .__.-_. , _�- ....4-.....,_,,."'• abmergad tree covers ;i•• as detailed on sheet L-2 `- 1 79 0 N I } ate• Place 201„]vn deep oryamL `_: �• RAF } ' ?vMM•tEa ,M«.a 'In desicl,led °1 �. [: Place 11N)mm t Soil an rill topsoil Strl DPd ,._••`•• 79.0 aF' O D 1 r .h1tn•�L4 f M .ralrl� •, 1111.�, nll J:y • 1 'F 1 ' 1... •1 ... .r. r �v .. '. s�1 r1 y, , , r 1„ 1 � 1 1 1 � � rin rr.rrrrr 1 .• r.r ,r, . i.. 1 'I' . ' r 77.01.x.l,xx.r� .J 1. . a5 sDeclllad 2 92 1 ... E•l,ta J N 86 - AS ..Tp C M O 1) almsO.iJ� T •ER La Fla a 0116%+l n-..ER 32 .... ...... ....."_ . . ..........._ ..._........._ ... ._ •0.Dr0i 7E. ------- . ---'-- --------- ---__. ____-__- j.... --._---_.. - ------- _.... --- 1+tN� 1+02U 1+040 1+0150 I+080 1+100 1+120 1+140 1+160 I 180 1,2p01x?ll t+220 4�3 1y,,AIµoh 1 2$0 1+3w 1+32t1i 1+340 1+tg +0p,Bo8 PROFILE A4.0 '3 958 < 396. .__ .. vest. t 1100 R 84. � ...._._.... ._._ arr4 EW fMJ IN+r �RaIa m laVw ... -.-. 82.0 ........... _... �......., ......_ _.._. / r 82,0 . .... eo 0 aa..l eae Ira.rMr.r.n, wL P1 HPr Ann ;Y- •.v,!SI: �[ �� .•�•rM,th2r. .... JJJ SY wlrla rlaa - 1 TP -. :-- 6m la,;a_ .....•� O•..l ''. — —s _ .�� LA 41 kJJ•anrl• h :� 76.0. ..... . EOTI.Ot•L1+ ).10-L.A-.A.) �� •. _ wat 1e+ 0 5 Wart:. I:,zs 1 17 76 - EFTlflt•1..1+. :4 L @. r ?_. �:] -9 wt. I:loo 0 N 11113 �J 1 1 •• C�TP ' .ol.. -is ..1 ' r••^'^JT••'NY 0••'P ONCta ,are 1. ,' I� —' 3, RaxR 1 Rader] RwaR] RarR+ R.JC1r_ Fe«1r s_ wM1q ga,r,b• I.OW 1.1U11 I.R1R ,•)W 1.MRr •.MI E.-,Cha'naP I.IW I.fr) I.rPI I.Wa 2•.w t.ntU � I - —Y•M-� .,-- '—" (. ... - •. ...... ..- ,' Dt+arTLRrr,a.Zn;• 11 n h —1— 1.5 ]R 0 t.3`. 1 I.br`- 1. NMr r�6 1 S I 1 1 1 .-...._....1.11 .. ..... '.-_ � .. �,_,... "` `' ' 1_'; --'C, N�•re.a,.J.r.nRrr.a..w,n l.•.R•ea.a 3:..rwu'elT aax`r a s,a nIn-•1r v, n r r 5a-•t.r r. a a 1 r+.. N°va`',•, - . ........ r u.J J r w. mn ,J O• � •e Sr.a,Y t, 1 5 ,b I trn long LM lung a.w�t ,>![ UtRft r1,R[ UUr 11 OU,lt Rolle In urN&,rJ Rrlaa r:rarM B%J NrNa• aa1-JfaJi•al FCNa• cN,w1 1 t.be. rlpne o.rtP,Y• ,]11aa1 wO1 I.3m ..,,<•,nt !91 �-� rra•1 11 790 ;acrn9 ,•.n,rrwn -. ...... __.- �.._—____ Iran• nr1.r 1 ,.xpJaw RmrJ•.• n arrwaY 1+•xen.•,1 <em •rin StRTR�nb!COEOM - fl-TAIL q.T _. wlee�s LOW f:IW C NAIIIANNE FLOW L t ............ TP ... .......... X- X-x 7 -_._._ Liv?' willow wattle,,61ong V )Fl 8m(H) 3.kni(w toe of slope aster detail TM4 BOt 1:33L R TS-1 P104o 200mm deep CENTRU-INE OF Vi, FLOODED LVVV topsoil stnipp 0.1101 f? . " 1 2 layers at 3()!@"�m I•iy-rs-0t 30M)m fiom (iesignoted,qr'pd to t e 1-3r. -I- I-)b,I, F46W CHANN4'�' w .f I a6rk'., plant propo4 Deciduous shrub transplant T'� see detail �J %J Deflector loa. - locate and place 15m hardwood tree along centerline terline of lowflow c ne ho= t embedded If 0 a— in sediment. r--w A de M(H) x 3.0n-,('N) T N C C P ETE E0X 4u1-vm s topsoil all e,posed riopes. a Place d with G.. 1P h dros t ro0on ml�ture as specilIfed 'a WESTSIDE CREEK VILM aj DIVERSION DETAIL Scale erosion contrjft• I I s" detail (,-)N AR101 H Yf'D f Q CORRIDO k N Z' PLAN Incawe,Ezra. 1:500 ............. .................. ...... ................. LOW FLOW CHANNEL GI VERSION DETAIL 90 ............ ...... wo I. P- 84 .'-........ .......... ............. fi ...................... EA LwFh.o,­qj.�Wift) o•f _4 78 LCW­n 0, ................ .......... 76 t-n—a—•1�3" 74 1+353.862 1+360 1+380 1+400 1+412.428 1+440 1+460 1+480 1+500 1+5220 1 1+560 1+580 14600 1+620 1+640 1+x;60 I f i,451.0 1+46 314 1+503.888 1+)46.334 1+57`. 1+618 1+652.131 1 AIR6.665 "WWAD IRU COW. Q SuBm".0 TREE MAN PROFILE C.SUED T, 2�01—1 91MERM MEE coER RI 7,9.Ci 0 C-AEa'j'oj2"k- r'T M, H r i Z. 1 500 1 ss V'r f. 1.200 t 0 L) 770 1,L r.rp"Mpsol 'L.(j 01fRIE10 I EGI LAR L.1-1 wLLM WAI Oct P T�.I -11U K .G IoL of SL UK DARSEU M At x. 76 0 0 I. 2x�—1 M «G W t AX1V Mzgi? "O'n, « .- Ge A S RIMED r oom 1R S �-�—O S ar.nAM E•Il C W—It ME.S W Ik rj RI i'U ME WYL, t m-Mv.1 M.L. ..................... .0 1 2 3 4 5 5 4 3 2 1 0 1 2 3 4 "L(M)N 145()0 SECTION 0 - G (1461170) ,t MM I'S CtMENt COW10A.1'" 72 LOW fto%V 01111196 f`-? 1 N I�W _ .. IV eRE 10o m„Y l 1 . as^Yam" rirr�' I I �T r�,i I�i I�,I j�`I'�'_it•Ns'1 y''' 1'Y� Place 200mnddeep y I 1 c opsa l$too. ipped from ''esignated afeas will I, Rem1pve existing fen-,�_ e plant prapd9ules. NORTH NTIP,•.WETLANQ"y i no not stockpile,prior to o�pl'catlo?,. -Remuvr eeisting fence 1a1 ' O ' I I p ovm ' I Y ' I 1 O ^_`V-P �^ } x I IY �.�� p � .. i..:.:. ..:'� '�:" '1 Myer oseei'Y Zlopes�.with•. • I ( _T_. .I \,, \l E , • i 1. 'I g Ov►,mrx dy + � spe4iti da W I Sr r �\T Excavate channel only. I s_�xP' •`• e��r �/�0 I I y \,E •� All work Stn 1+700 t0 ' 1 'W r Stn 1+900 to Ge . } ti �1 ' Live Ilfi>rrr watt1 s'�along r- "> k" completed Burin frozen "'1 ',toe o sldQe to Stn',2+000�'%•:1 .�. r ....conditions. ''I 1 P`i'v j-�'�•. •1.:.��'•,.� .�.+,- .� !tea r „ NX I i' ... OZtIRE Place rooted wilfpw sock 4.,in , .. 1'•. ...... . 2 I f � r I `"•vt�M ��., dulled h01Fz a6ovR,elevoGAn -•1•"1 ,�::�.:'�k. �: ..:�:�.�.::.:...�'� .. �+ 76.0 offset•,at 2.9q spocirigs. '� `x 1zi II I��; •,See detail. i•'l:>•,,.1 a' o M X. ' TvF�� stolee�osron cordrol ^`. '1 •'� An• •rr•'+` co i 3 3:1 L \'S see\Beloit y^• •; - .y`•• •,v r• Cj e 8 , I y,5, ' net.iOGn,n , i 77.0 ... ..._.- ......._.... ..... .........:rxea ...rcYr..n .,.m+w+K.................. ........ i 77.U•`-__. .._... �.. a.... ..__.-_. .___...... ._...._.._..-. .rn. .. ,1.PLAN 1 1:SOU 76.0 I v, >a 76 0 '+'t t.1'l:--• w5] - �;.it � tt Rai G..0 I 1 ;+ •E!Y \.' ]'' i L 750. 3,.?-I,..._..,I .0.. :I `7 ,.. `4- ia« x+oo« r: t 1- $EC7111N F. - E Scale 1:50 �a�« t m wax SECTION F - F S ol<1:50 '•e'"i•ew.m« O1°°"° 92 —--------- .-_._._.__... -__._. _............_.... ..-_ .._-__ �_. 84 ._ _..._ - ... -�I ' rjp Et lw rq x«xw( wl _ - to t-\ «ww 1 6n..-wi... ._...__ ..... ... jlnuo �1.5 — 80 —_.._... _........ _ _._.. -- -._... _ -._....-. .��- _...._......_.... _ -__ -- ._ _.... -_..... .. _-._..._ ..-... - -- 78 ._....__.... .-_._... ..__._... ............_...._..-..._..._..._. .._-. ...._..... .........._..... .......__ - ...... ... ..._.. .. .......... ......... .... __..... ............-_ ........,. _..._ .-_ .. ..-.41i:!n 411 '116. 1+7:U ...........11Y40 1+760... / /,,.1 @�x..._._1+820 1+.,40 17xA 11.,::�0 1+900 1+920 I*94~94 1+96U.- '97x9? .7r7�'+�)_'0 ?+U40 r1R•0 BOSa.J°S-7J S!ps) P R OF I LF __---. — — !• -- n slurs color caraaefFE - —.s. Horiz. 1:SUO •� -- -- --- - - -'w Vert. 1::100 nru,afv _y 1FEiTlME gIHK Low FLOW CWWM . �'��. e7 - I� x •• +'��"fir �- i ' .�m(�IX) � � � `•. `p'tE.RS RIP•R�R�c `` � ;-�.. n _ CkJL-VFRT_ r1T -CUL-vMT-t(A RED �CtopQE� Fit' cy7 ry• + e 'fie• - � Place 200mm de.p organic / a• S ^`• ^'•• .� ..'. ...� Ltl" •4 L T. `,--topsoil stripped from designated areas with S \ // ✓ •�• I �,J,t4,11 � .. r�••� + live plant propaqules • , 4ti '•.. • r ''- "�` - W not stockpile prior •• •• :.•� s'. _•• i 6ryO l ..•1J � 'p..h r'�.'+ p `t t.•'•. to application, v ,.%� \9/• '^_-...... 4 ;' C �,4, - �_,cale erosion canted TIP ) Scale erosion cw,trai TYP—'' �,., .�3- Place 7009m/m a core fnbr I y.� and hydroseed slopes TIP and hyd, seed slope TYP _ ele ti on. -,-__,.lo o 0 81.0 and uy tr cm , ••• `•• •�• ;o - 1- Deciduous shrubs rYP-�' / Ibtn,.�hxJ. _ / •,l','S, ) ,f".�.t.�� p� - r , . C ..,, wa..dge ant 450mrn live I, / Pooled willow sn L, TYP willow stakes 1.0m O.C. 2 .. �•a •'i � ''' -Plat. 100gm j'm..,f ' .nc" '-� ,`•r, ,,, to elevation 81.0 abil-COwnstreom )� 10m Afi. with 300mm wooden •1-, •' •�' —Place 200mm deep organic t yo ...._.._._.._..fip'soTr..stripped from willow stokes 1 0m O.C. m live � wedgy ,cokes and 450m - `n 1. � designated'greas with -,^l O' ,1••` �, •�`• / �; Rooted willow sacks TYP--/'• / live plant prlvagules. - e rior ' Place 200mm deep organic topsoil- Do not stock ,1 Deciduous shrubs TIP-- 'Vll, D IG,-J stripped from designated areas 1 •• �O' �� / to-opDlicotfon.+ and screened. Plant Sciigvs species ,1, :cafe erosion control TYP-J '•t - and hydroseed slopes TYP 0.6m O.C. from stn 2+360 la...2+440 - \- r.r Stole erosion control TYP-- �\ and hydroseed slopes TFP •�• J ,011 g.to aw twwVrar \ •. �ap. �..w. _N�� 3'3 IIw SIOPF' t. •"�.`�at 27 R 1 - .... VAR PLAN 1:SOtt •PIry1 double ri•w of—.� •,.\•"~ (_WiUuw soils 1',F TIPIr.-A( R(N)TFD WILLOW 50C) t„s ' M i t yore see mg0 +Ir iJurus t +S 71[ •.hruhs 1 i� •• al n� 1N) of 1 ,rF .S.nrn UI. y2 _ _ ___ ___.___ _..._... ._.. ...__. ...... ... Tr, NF,M1 1�.w.n Now 1....... _ .. .... _ I eo b a s . _ _. —__._...__. --- _ 86 sr+wKll s!wMU,._ .p!etn o_ 1 s � _ an 1_ — .__... __. _ — - -- - _—.. ..... 78 ....._. T 7 76 r ro oV n x 74 1.1.• —_r.::.'.. 5 ''a r :.... = L„•rlo.a +,.a2i H•.0 o ns '-fm- .. i_".f. i•.i +440 U .+ o + `r) '•'.' 'Y. _ }1 T—' _-ST.MAWS avT C0RA1W »!..,o PROF JLr Hori2. 1.500 -_ _ L.. �WUTSM CRM LOW FLOW d1ANA�L�-: �•� Vert. 1:200 r)anl mi+ed dr<iJuuus hardwawd seedlings as Sc01e Erosion Control Transplant bulrush 1peGrs sCUyus J<ulus. S. valilfua. s pungena. CENTRELINE OF dial i,1 Ions band Okla t al s9 e- 3.Om at:. _ See detail this e. S. lluvialilis U tim U.c. rand"Yy3•'acr,•ss 0 nun _—_ Cf3 ( , FLOW'�HArdriFi ' C=J . . . . . . . . . . . . _ •M •�/ V �•E Y •..�/;.I"' .vI •• •b.;., • w. V { •Y V' • • 13.13 v'.,`/ .v Y �7•`Y �/. �V �% ice. •i✓ •V• •� • ��� I.v . — -__ O �. •s-.•n v�n •ter•fir. n .n n n•� w T .•J •'• '- M . . ' . .-�.. " z (, N 17.46' W S.92m _". z J • S ._. EUTIJ&E.. ME S� "WAR f- - — "1't5p'SOT t td h vdr aced slopes with 11 d r' Q Plain double row; of - groundco rr m •�-"PeclfleYf - - PlOSrsoal wl ow..o Ae ) Pl t nda�Re0 1 l'y Z white spl ucc stedhngg 1 Pwit randomize-,j ib&' wnts_of_.....__ --- in drilled holes OEOVw eYev]tlp on ra 0�L F•y -Of _-.- ----__. ..... Ip]ne0 leer or,a shred.-suem) ��3 10,113 top '�t bane. = mlzeA free on3"3hlub seydTr d� - ._ -�-s.�y�.,�L.�_.Snf Spurings 0,11 o.c. '...`^ tololh�30'of o.�c ........_.._ �-t'.]i'1... - totalli[)L}...3i�96"Cf",iuLela a .auer area 'U ' 88 ._.. ....._-..-_.... .._..._.... ..._.......- ...__........._..__.._.__-..._^ .... ......_....... t P•E4 Lo fro.Ch—(I - J-uw•p —0 by w•Ib a word L•A• t71 84 -- ....,_. 84 8^ 80 _ ..__._....._.._......_ ____.-.-_........ ............ ..___ -.._.�...__._. ...............__...................._...... _.........._.--_....-- -.__"...-- _ .....__ ....._. _.. .. 78 o sw 76 76 74 LtI- 74 ----- - I _ 2+440 _+460 2+480 _*`00 2+520 2+540 ?+P,60 2+580 .1600 2+620 2+640 2+660 2+f,80 2+700 1+74G :+760 __....------ _..._. .._..__ PR{',r ILE 9, r. --25,11 Ip, n 16,1 f ce lwrt—) vot. L 200 83 .-...-' " - iwsal p�1 ._-_ I as SetW_wd.Slut 4uNw t H IfAn +32 .._..".. .... ... n ea._'pure ..-...._. "......... _......... 83 Tepw3 .L eax u,w uu lox a.>nd. - - P` � � ���� )>t I:•uOVdlnfvn.Nd,� as .• •al to J.IIm _ �+•�'� sw�wc w taluNn ifvcw• �v°wtµe n m• . _. 80 .. ..- .n.Vll,..uItW-nl.!lr„vx•-upIr•a.«ItcYsuJy.J 1.L..v ly \.: .............«.. ..-�-..... .....+//\�-R L>Ai.i wF.11,w�1.. v.M d o 9 n"le e••�y•lila'1EP.'JalU,1mIU rl 13o1.'1'n wPw P-n«Ulnld•l I,tr.an n- 00 I ..1 1 e.V.u"w_'". P 79 _ .. ie•_e s a�dwa1°t_lIl1 l,•—i no c:P/�y,I•WuawIwffm_.w i6�.dbn.q.Nf r Id•u1l 1T SI I tr..n...w1•. 9l...v rN t p nw 1 I. w.. Y'•+ .- ...]t.ry..' arga n m u.w.,. 78 e.ww I I1MN),• ,w, r v.•..P.a 79 — Wx—d. UL agV.k _ )) ■ t 77 �' t ____lyid barn•J S g 73 "v....b.1l�win.. ru�e N W. 4--" -I - f•4 7d^I l uwa'•u_•um d n J C F - J u-•a _.. N I. j"•`SAn an _ nMyIf 1 76 77 , 3.0 4A ,u -ti 0 ,) ...9 U L.t 1 t � t_u r• I c. .Jnalw--� -= uxl..6oq+woa u�s'y P 25u .. .00t.a.n 15 -' ra r .v;ra>-_ '� - s- _gy_ fXl _ _. _ _. _. • ALE EROSION IC'ONTROLIjPLANIIINfA IAR.RAN(,EMFI'II { rPLAN fINC,II.It T I LII)f. ). 1 wulua Udln — -��- n�IwJleb t577..•.IS - '--,C ALE I<n1 PWa -R•� _n)omm •nad Wx avnJ. ' na ur . :4 .. -40 •� _ �_ r u.w•-�:EUI r �•waw.rtilr_ —. :z � LOW FILOW CNAWML f - 4 - - - --_'_Deep Willer--Zone---- �,._,�rJ a frr5�splant the_-following oS,-¢€'specifirati Aquatic Marropytes --;hallow Zone transplant \\ ,NupflarVanegatum ' s h > [yyfnphgso od�ata - transplant/plant the following as per Posorfiogeytoc�{yerr-nfoldii I"loating lilies specifications. N ��! S• s �� ,� " �otomc�getonpeot+rtatU� _ ^,.= Utrirularia vulgaris �m widerNe5 n) Zone - Alisma plantago aquoticu -' _ fr±r tar emoutl� t3oss Lysmochis thrysifloro 'k _ ,._ y Ceratophyllum demersurn cg- p t31m E _ N 17'37'00' W Q - — — \\ �Geojute over Will i !�' - '.- ire.-..�_� - .�- _ �-.,--Jr.,.� ".:...�... - -----•�--� N/nrfl.,e �P� ,i r..tl v ; r a+ } move ' •�, ___�`. t' f e r o-. tee, shrubs and regrade ' ,� -r-.d + �7":' o � I I E�� 1 t.� i j• n \ `` \� s directed on site _ �I I I 1 ^ 74.0 r i< is 1 O LLJ / / / .'."- very hollow Zone e T v LEGEND 10 V) - :'� p if ✓ W��`1l t0 lowin n 09 I)PeI uoJOOD Mth u�.�w t r.Pu.n..1.,9. •�••.•.•• \ F- M . . . a w //i•- ,��t.'x �' �• ,_..=.-..--♦ sp.cificutions: I __. 9 R I Saggitona lotifnlia � Finger channels. Poly gonum omphibium sra^.W«ye«.n•••.•[e into Alder Thicket at the Polygonum persiearn direction of the site Scutt?Ilaria galrriculut0 . ii. °p + biologist fie:ndnn verie O1 \--100rnm deep 5 - l Omn 1 ' pan�nniurn r•.n y,arl.n.ini Transplant Speckled Limestone screenings 5m wide Nesting Zone Sium suave ^ �•^aR w Alder salvaged from 10m wide; Nesting Zone ' for Largemouth Ross Impatiens capensis site to toe of for largemouth 80,35 A,orus 0merit.anus r ti --Fd e of Existing Wetland y -, porliti,;n berm 9 (i�:•tonnrs umb�•Ilatus _ v.r»,,...�s n. 88 ........-.. ......._-_.. -....._... . ...................... ......._ ...-.., .-......._.. _... ...-.. ...._.-..... .-_........... ..-...... .. .. 85 __._ _- __-_ --....v._._._. .._...._..._ .-_... .. .._.._..._......--------.__...__ - ._- ._.-...._....._._.......-.. .._. _........... ......... .............___.._... _. Sq ........... ............ ...... ......._. .........._..__.. ...... . _...._...:..__r .. ..... .. ._..--- - - -- -.___..._ - _.......... 74 ...._..._ .._....-_ .-. .._...:.... _. ._` .:.. .. ..._ .. - ...i.+ana ear«. '•, .y ,,r; ,:,Y 'r,°n0 _'tP80 .i„9 y :+9'0 - :+940 - a�.) 2+980 3+000 3+020 +.4 •+Oi 0 t ,�.31r y ...r.. )+�t)3J L'-i+i}�'4n .r 5 .• � __.,. --_— V - -- ST.YARY'S.�14Ni CQPORAAOM� w_-_.w►__.sw -J.'Yy. .v PROFILE ...._- ... _. Horiz. 1:500 �;�� - u WEiT*rw crmm emni Vert. 1'1aa �. _ _ _ -- MEW¢REEK MOUTH _ , sawx aA emAn x pr w wa x•mnspA wAawr w.. .t 0.3 —x.Mxm Rw.wM oup p ww w rsaw _. pr mav,o.wx voaR»L yttrtlrnr—"—�' Aaw Lppi Y MMYwMrL raaFa 4 vp+xp. �•�tl�:' � wu arrL fe`+L<P.< —WO-614n+ax .YA-bYr pA A xi Ito.Ind.DJIM.S e1YxyUa � I I F oxL,er xcvro cue - , -i — ..__—":sa wim wrwwsm10O1p.:o vrrwr<wp \ PIM .aax.nwa vp.w x„wF os.m anw m,Y wF \ _ w_w •M L•wWN,. t•w e P ri o•w — aarw.a.xP.x HEDGE 5 fANE a 7AIk _ •r.nrim aorta wN xtaFMM®wrxre w �weer ww•r .oust NAM Na p f[ax:xswe. «it w..r. •r _ �0° ° DETAIL 2 - SECTION xorr: �r�MwLn w: x•r-r°uim'xcA"a' ,EOJUTE OVER TOPORESS SEEDING MEUIU. "t ersNAws xuw iwm x.aF LONO% vxn+rw�wTru.+a..wxw w na.x aowaopr vw. aw Lon •! won,agorae esaeewr! - au—•.rN i..✓r'ti.°A rrFw.aoayr w ,o�rLA<o xwaaA. wev.x•Fw w.nu a F.u+;r°n w w... so o •W wr coxea,ro owe c.wrcs ernsrrr �'-1 irzrutcxs ro K wr.wrn. DETAIL t — PLAN VIEW DETAIL 1 - PLAN VIEW LOCI CRIB STANDARD ROOT WAD REVETMENT KI .aw`off•,:.aw..,r.amwa arnrv�sos.n..wAw r n.0•F pa.w rap.w,..uA u.c r m gAgrarrwM Mnpwp[L.w nee pw aMwe rnaoa w �. ,R sett rWL MALL pP Mpe Lame pNL rnroee aF•M laa-p W 'Y � �aw w�• \ a»oppw wnP arw � x.•o w� s•••�. a Ar rrwv '. ( >.w•r�wa xLrd Van w larL.i w•ew wrW,r MM a n,w Y UW NM...rpp -- P wa[MxK i FiYa sperpwp[W�la•L t'SFpI W+s / ~—p Y�tYp rl0•uMMls wed[+F r,'\ \ •- xpM ars•tx.]ILa wn•�O — fie l.p<M Ip-M Q d OpM�G a.Ya»i n.R pu»fLLw1M u Y�K ���L�-`� ,m�ILS x4 WrY \ Wpx�. r.w.F.onrY rP wr �rMP.uc-- � oLr DETAIL SECTION TREE T TANGLE xx DETAIL 4 - SECT/Otl - —2.0, STANDARD Rik)T WAD FrEVETIJENT pM w.Lax.w-rp..w xwarr Lea 1 SPECIFiCATIC"FOR MET MEADOW SEED MIX weu xx,� i •M..+FC r ri�.w sxM '' � Wet Meodow Seed Mix n' Dumilaantc. ConoAa Antlmonar Swomp MAkwead,tk•dding Bur Marigold, Spotted J>e wexP araP,A.-p w.px+a•or+ -`- x:z Pya Weed,Bonesal, Dark Green Bulrush, Fowt Manno+sass k Tull Meorow Rue `pU""'.'.."Lwtl'"w"p w•...w'"' e Other Species. Common Water Plantain, Jock-in-the-Pulpit, New England Aster, Purple-stemmed Aster, Norsh Marigold, Mixed Sedge Species, Turtlehead, Water DETAIL S -- PLAN AND SECTION a.a aw.r.xi Hemlock, Marsh Bedstrowr Rough Avens, Reel Manno Goss. cow Porsnip, Spotted ROOT TANr-!- - IiEIAlt - ELEVATION Jewelweed. Blue Flog Iris, Rice Cutgross, CordinM Flower. Great Blue Lob,Jlo. .-_.-.._.___�_�...___ ----- Fringed yellow, Loosestrite, Monkey Flower, Black-eyed Susor,, Swrarnp Doak, Cimmoo -�— UN'_`MLt Ow_wAl1LE--_- _ I Arrowhead. Wool Gross ..eat Bulrush, Rough-aternmed Goldenrod h Four Vervain. Sh,ubs 1,Vmes ChAebcrry, Vngnr's Bower, :dLy Oogxn,,d, Wild Cucwnber, -- WxslwUwry H.ally, W,ntlE J'F k Cldw berry .\'>• -_—_. w ST IIARYS CPENf_OgM'pMDOM-^1 trrlw�rM 1rEfTfDE Caen CNANlI w w w� r r w w w w r �w r r r■� r w r r � ti n _ x v c r M � v CANADIAN NOONAL RAILWAY f ,III•f r IC' +�~• •r• �' � s i°�e��w�i•�rw arm r.o aTyPIR'4 C9Elff C�OIU►'f10N S+/ • NIA MM.R U• w~l •M A r.ML •rLO..MI[R f OLVOI, 3Q �I.��ODSIMY,wt w.r t rl.lels 11lMCPAU►T Cr QMNQIQI � 1 CHEER dYEIMM rw 1M PIA W CHAWa won Wrllr .o, .� ro-rx+a Pt ac rzj c C r r� v N 11.WAY CANADIAN NA��A` RA J' w srwMtrs tsworr aaRaRAnaM s� MAMWAM OF t1/YOtWM 00 s s a sue I CFM ONOMM tan naAW aMMEt trtir.� 1 0 w►wn�w auw v ew�ww w�wnse ra w MTessa MMW-wow rlffim �Mw ��son mw uw Mou t�a�aai mamw. to-vtate P2 rn x r� v C •�. "" NOTE: CREEK MOUTH DESIGN HAS BEEN UPDATED. SEE FIGURE 6.3 v E r old I • • I i ■sir. �r h� p I f 76MV5 Cnm COIROII mm rs war NtIMCFALM OF CLANK= •� w•s 11ES1l�E Cpw ONEFA OII �s IRA PIaIARY CNAWn K� Qr 0 Ix M s r.1�11.111 NIA[ ••a ••a w cum m uw m� w..us w s< 10-YMI! P3 r 1 SCHEDULE "E" OVERFLOW CHANNEL WORKS PLAN i 1 1 NOTE: The Overflow Channel Works Plan comprising the following drawings is Preliminary and has 1 not been reviewed by approval agencies. In addition, it does not incorporate the Emergency Access to Cedar Crest Beach Road as specified in Paragraph 5 of the Principles of Understanding. i 1 i 1 1 1 1 1 i ' - 1 - � r 1111111 ,� 11111110 ... �r� - - k WE Ems NEW I PA FA WHERE wim © �I D OVERF OW 00 P FLO WAY RELOCATION OF SERVICE R AD AV LY ROAD dll C1J 00 0 E CLOSED D H HP. OV E WI S OVERHEAD WIRES OU qD I • g3 12.Om WIDE CHANNEL STA 0+000 TO STA 0+320 i 0 D c, O � 1 LIMINARY 80T OM OF BANK LAKE ONTARIO ' WATER'S EDGE OCT 3 0 1997 FEBRUARY 13, 1996 DRAWING TITLE WESTSIDE CREEK DIVERSION ' NEW SECONDARY CHANNEL (ALTERNATIVE A) ' 701 ROSSLAND ROAD EAST DATE SCALE Marshall SUITE 2D, ocT/97 1:2000 Macklin VMITBY,ONTARIO LIN 8Y9 DRAWN CHECKED //N/A TELEPHONE(905)668-3022 R.C.C. L.H.W. Monaghan FAX(905)668-9443 ' CONSULTING ENGINEERS SURVEYORS PLANNERS JOB No. DWG No. 10-92616 SK-1 — 3 — PUELIMINARY 0+080 92 82 OCT 3 1997 9D W 0+040 as m W W a6 88 88 84 b4 m 86 BT BT 9{ BD 1 W aT a2 B 78 f 80 80 78 79 �l 78 78 74100 -W -80 -70 -W -50 -IO -3p -20 -10 0 10 20 50 q0 b76 76 76 0+060 74 ^ 74 -100 -W -BO -70 -W -50 -{0 -30 -20 -10 p0� 10 W b b 50 82 92 0+020 fl0 flD a8 BB 9a 98 r ST.MARYS CEMENT CORPORATION 8B 88 89 MUNICIPALITY OF CLARINGTON 94 a{ WESTSIDE CREEK DIVERSION 8T aT az SECONDARY CHANNEL CROSS SECTIONS (ALTERNATIVE A) aD eo aD 7a 11NA 9"' MaokYn 78 7a 78 Mona han )0 76 76 a 10 TD b 97�-011 20 -10 D 10 20 b 40 W7{100 -W -a0 -0D -aa -W -40 -d0 -20 -10 00^ Gip -1W -W -e0 -70 -60 -e0 -b - '1aF aeFF`` m�0.C4 MAT 1:100 1t16DWT 16 MK 10-92616 F74 r r r r r r r r ■r r r r r �r r r r r �r PRELIMINARY OCT 3 0 1997 0+120 04 94 0+160 92 92 92 12 90 90 90 � N es � 8a ea m ea to ea ea e4 ez ai 82 82 eo eo ao ]a B ]e 78 78 7B 7¢ 6 ' 74 74 m ' -100 -90 -BO -N -80 -50 -40 -30 -ZO -lp mOn 19 20 30 a0 59 74100 -90 -80 -70 -80 -50 -40 -30 -20 -10 0^ 10 20 30 b 50]4 Ln 0+100 0+140 B< B 9< 94 92 92 92 92 90 W BO 90 BB e8 BB 88 ru nRMars uauls n lin owt ST.MARYS CEMENT CORPORATION IZ e¢ e¢ ea as 1 MUNICIPALITY OF CLARINGTON es ea a4 a4 _ 44- 71 WESTSIDE CREEK DIVERSION 82 82 82 82 SECONDARY CHANNEL 1 CROSS SECTIONS w ao eo eo (ALTERNATIVE A) 7e M okon ]e 7e //��� Mon.gh e a Yon�yD�n 0 ]¢ 71 76 J1 1 1 1 1 1 M --- �J� ]x100 -90 -BO -70 -60 -5o -40 -3o -20 -10 $on 10 20 30 40 w74 )Iloo -90 -80 -]o -60 -50 -40 -30 -20 -10 $o 10 20 3o ao 307, x'""03038 �` ®01m RCG uOW. �T 1100 >< 1WalIAY 14 1N0 10-92676 a.. XS5 0+200 PRELIMINARr w a 0+240 91 8z 92 92 WT 10 1997 90 BO g0 90 m m m ae ee ae 1 BB a6 a, as 1 a4 84 92 e2 BZ a2 a0 11 79 I - 71 )e 78 7e 76 ! n m 7-100 -90 -a0 -)D -60 -d0 -a0 -30 -2o -10 o 10 20 30 ,o 5071 )a 7,t -100 -90 -90 -70 -60 -`A -LO -30 -20 10 0 10 20 30 !a 50 0+180 ea w 0+220 92 92 82 BT 90 90 a0 90 wt aoPOmm ea Ba 00 11 ST.MARYS CEMENT CORPORATION ea all as Be MUNICIPALITY OF CLARINGTON 1 1 ea la ea ea _WffSTSIDE CREEK DIVERSION SECONDARY CHANNEL az az az e2 CROSS SECTIONS (ALTERNATIVE A) ao m eo ea ��/� Maok8nl Maoklln Monayh�n 7e J 1. 78 71 r�wrWW.. >0 7. 7. 7. -100 -90 -90 -70 -a0 -30 -b -3D -20 -10 10 20 30 a0 50)4 7-100 -a0 -a0 -70 -00 -a0 -a0 -JO -ZU -10 m0 10 20 w b0 74 #9 °°�0.CG L1t1L qti 1:100 A f78Rf111Y 11 1Bal x.10-92616 XS6 PULIMINARY 0+280 0+320 OCT 1q a 999 9z az az az e0 90 so as ea W. as as as as e• as a az e2 az � m eo eo so e 7a 7s 7a 8 7B 79 I T 1, 1. t -100 -90 -a0 -70 -60 -60 -JO -50 -20 -10 0 10 20 ]0 a0 -100 -90 -90 -70 -a0 -a0 -b -00 -20 -10 0 10 20 JO a0 r0 0+260 0+300 92 92 92 92 W 90 90 � NL M1Ma0�m[5>ll�s OMWp M[tiapRpa sa as w as ST.MARYS CEMENT CORPORATION vwa.rin+ as as es as MUNICIPALITY OF CLARINGTON ea WESTSIDE CREEK DIVERSION x SECONDARY CHANNEL e2 az az CROSS SECTIONS (ALTERNATIVE A) ao to W ru19 ao ���� Ma n MaekN Mona kin 0 7s 79 7a 7D 76 7a 7a q�4 74L----L---0 -� -70 -so -a0 -a0 -X -20 -10 0 10 20 so IO a17. 7-1. _D0 -a0 -70 -a0 -a0 -b ,l0 -LO -to 00^ 10 z0 J(1 w a07a ' acc uaa �9nr i1oo x ao1w1�1r�'� TO-92616 v< X$7 LA 0+420 PUIMINRY / �1 es IXT 3..0 a. ea � 82 0+360 w w BD b 7g 76 m fie 71 7. 66 69 7a 7-100 -90 -90 -70 -60 -50 -4D -30 -20 -f0 ^0 10 20 30 b Sa u e6 e2 fiz 0+400 60 60 °a 96 6 78 8. 84 M 76 ✓!2 62 '' MI 20 Sll b 50 7e le 0+340 76 76 92 B2 d N � J4 7L100 -90 -90 -70 -a0 -60 -4D -00 -20 -f0 0 10 20 3D b 50 00 BO D..1rxc,�m.vlznm 66 6, 0+380 —, ST.MARYS CEMENT CORPORATION ee ea ea °6 MUNICIPALITY OF CLARINGTON s< 54 ea fis WESTSIDE CREEK DIVERSION a2 e2 SECONDARY CHANNEL CROSS SECTIONS (ALTERNATIVE A) fio fio so B0 //(�//(� Marshall (/1�//1/`�\\ Maokrn MonapAan M 76 76 76 P 7a J6 ]a 76 74 74 74 7` -20 -10 m0 10 20 30 b SD -100 -90 -aD -70 -60 -50 -40 -30 -20 -10 r0 10 20 3o b 50 RCC RCC L1l'K ar,/[ fiOK teem n FFMII0.Y K IMl MAT 1:1W XS8 10-92616 a. i 0+480 ae a4 e{ 82 82 80 80 78 78 78 0 74 - 4 -100 -90 -a0 -70 -10 -SO -40 -00 -SO -10 nOn 10 SO JO 40 50 0+460 PRELIMINARY ee ae e4 e4 a2 *{y��j e2 l 717 w w 7a 78 78 78 74 L-1 I I I I 4:F�-F 74 EEITE -100 -60 -80 -70 -60 -50 -40 -30 -z0 -10 non 10 20 30 40 50 ST.MARYS CEMENT CORPORATION 0+440 _ ee ae MUNICIPALITY OF CLARINGTON u e4 WESTSIDE CREEK DIVERSION SECONDARY CHANNEL 82 az CROSS SECTIONS (ALTERNATIVE A) Marshall MaokYn Monayh�n 78 ]B 76 71 �� 74100 -90 -80 -70 -80 -50 -40 -30 -20 -10 0 10 SO JO 40 X74 R.GG Lr1W t:1 W iFBItlMIIY 1{tN{ 1D-92616 XS9 LOT 4 REG. PLAN No. 694 wA PART 1 ROAO 1 Q L RP/aV-5 °A PART S O'bo > sxmy •nEC�Pw� M-=M � % "PART 16 r ; [RESERVE REG, PLAN No. 694 g MsLL+`.°^° P'wr ♦ 1 r !r, RAV rae-esz PMT.'12 Y�6 w ` PART 1$ �q B f PART �!dP-As1 � .rAw dYQ�'1,RG fY(Y Ad 6W ROAO WAVERLY ROAD LYLtlY C'..82 RAN A> 69f A YLtlY /,RaF RAY Ab 6Al PART•9 ..19.. RESERVE REG. "yPLAN— No. 69 a.. ,,,�, a b L ° Pac P�1 ass a a a 10 NOT PIRT Gi Tlla PLAN P49, S 4 �£ LOT 3 REG. PLAN No. 694 g9 e9 i3 i O MOM y ROAD gg PART 3 g 8 8 BB Jill T t .PA ] r oggR�:'i yga�.pp�9pg ggo.Nk z 4 B>pai= r N � y$O A n�ZyZ'O D 16 Z nAA O A�-iiAo ■T //I TV PAR 10 �O ART OC �5.3 �y96■p A CD pMmg zNAoc PARr 16 4 & € a S �vOAmnczi �^ A n A§ O FS-.F O to O $a••• a 0 O ��ii Si P3 >0 Z < bs n° 4a � o LOT 4 REG. PLAN No. 694 9 as .OFT// PUN/OF-951 PART 8 „„ A�4 6_ RESERVE REEG. PLA N ,�Iru No. 694 _ x eM,ow ne a.-,+m �� •?!'?: PAkT!1,P[AN loF-952 _ f " d WAVER �' ROAD d� BLOCK 7 REG.PLAN No.694 d •� g PART 4 PART 3 pwr J,PUN/OR-ZTOJ PMl!O,PUM1's u-P52 RESERVE REG. PLAN u No. 694 z y !2 fs0 mvr ne. ncom PWT 2 PUN IOF - 210J LOT 4 REG. PLAN No. 694 �n LOT 3 REG. PLAN No. 694 leea s y�- �• $a�`�a....M».. . _� f§ PART 6 ,K3yi PART 6 a PART 7 REG. vuNNO?694 § pRp R PART 6YAIiEPLY 8040 f R f R f° i d PART ® ® �i�l'flSS w. .FEC.Euv i O �n't...ur �\ /'� PART 3 1 nwr,a,aF/+_ A DT.-•< D•{ V • t/ 0 0 V � 21 ��49�C RFSERK REG.PWJ NO-f 891 Up ZOp Nf,1Am�Z i�'�t}�jT _ssiA0 fB� 3;:E 5o 3;:E' r n O V C 000 CC OV pZyV�M(<> r = � P 1111 5 DOn�c➢�iZOO➢�=mm pO�m V/ VJ VJ v v D �C N mA d B NO O G Z-m O O- 0 A p O m g1Ayg8Ydq f L ggb 4 dd 66 IA T Q>Z 00 R I Z 0 � LOT 11 BROKEN FRONT CONCESSION u 1 I �aclsnule BLOCK K 0 - -` I � LOT 41 LOT 42 LOT 27 LOT 28 Il I `O — ———— — —1 LOT 26 LOT 29 LOT 4��0T_ L--- - --L� f0 --- - LOT 44 m I v PUN OF SURVEY $ OF ALL OF BLOCKS'D','J'b'M', $ PARIS OF BLOCK'M R PART OF LOTS LOT 25 LOT 30 LOT 39 LOT 45 I 10, 11,12 k 13,ALL ACCORDING TO REG. I —t(M_ I-- No' I 1 I REGISTERED PUN N°. 198,TOWN OF LOT 46 BOWLW LIZ PARE OF BLOCK'1'. O REGISTERED PUN N.318,PARR OF r Y——— c LOT 1.REGISTERED PUN No.694. U $� LOT 24 I LOT 31 LOT 38 S3� AND PART OF UNSUBOMDED LOT 12. LLOT 47 I�rI I aRfJNGTON.IM IION,� SNIP OF ro � 66 LOT 48 I�l I y MUNICIPALITY OF CLARINGTON `i REGIONAL MUNICIPALITY OF WRWVA LOT 23 LOT 32 �---�_—_ ,1 i I _ _ Y �_ ' LOT 49 aru-.,ne O 694 f m T l m ° m " � a M I I a r LOT 22 LOT 38 LOT 45 ''I r I F �— . IPn , I J I I I I I LOT 21 ' o I o LOT 35 LOT a4 z REG• war,\ LOT ••^• � 3 8 n w - m , n m m a n "I COVE ROAD I REG. II III I r' I a II t REG! N.1 8 n , �— --- �� / CREST :a'lr tiP`;'y•is;:::;...a P�•,•,`°.•• uBpM;� I g 'I a I F�(o,�i�g I 1 I ~O J .O�O_' "I�� 1'�3 'I I �J�I}If— s s s, 6 WESTSIDE C R EEK: . i s s BRIDGE AND; .. '::•: : APPROACHES m ''ri No. REG BLOCK '0 P tAN r -L J- \ \ K \ \ \N°\ \ \ \\ —j— 1 y ONTpR\O \\ \\�REG\ \\Q Ns y Y SCHEDULE 171 \ \ y ROAD MAP y y y y EKE S 97-038 W-1'� Iv ur N'e�iw 1 SCHEDULE "G" COVE ROAD AND WESTSIDE CREEK BRIDGE PLANS AND SPECIFICATIONS 1 The construction and reconstruction includes a bridge spanning Westside Creek including 120 metres of Cedar Crest Beach Road and full length of Cove Road from the bridge to West Beach Road, a length of 325 metres. The bridge shall be of concrete construction with a horizontal span of 32 metres, one traffic lane ' wide with a sidewalk on the south side. The design characteristics shall conform with current day criteria. 1 Cove Road shall be built with a pavement width of 6.5 metres with adjacent sodded shoulders and swales. The local residents have requested that construction designs be established as necessary to retain the present character of the neighbourhood. i i 1 i 1 1 MUNICIPALITY OF 1 dRaton , ONTARIO CONSTRUCTION OF BRIDGE SPANNING WEST SIDE CREEK (INCLUDING ROAD APPROACHES) AND COVE ROAD (INCLUDING INTERSECTION WITH WEST BEACH ROAD) BOWMANIVI LLE eOwm vii LIST OF DRAWINGS Dwg. No. F 1 TITLE SHEET 1. NEW CONSTRUCTION STA 0+580 TO 0+860 2. NEW CONSTRUCTION STA 0+860 TO 1+200 SIZE LVCF OMMMO ' KEY PLAN N.T.S. ' SEPTFYBER i997 tott@11 do hubiCkl Bsocbto8 TAX PROJECT N0. 12-110490 ENGINEERS ARCHITECTS AND PLANNERS --"LESi1l�l.Q.--- EXISTING STORM SEWER -- EXISTING SANITARY SEWER ---EXISTING WATERMAIN - --EXISTING GAS MAIN EXISTING BURIED BELL CABLE EXISTING BURIED CN CABLE O u EXISTING BURIED HYDRO CABLE STA 0+803 11 $00e r f O REMOVE EXISTING TREES INV. 75.1 SN ,' < INV. 75.227 S r NEST SIDE MAR S LUT OF CONTRACT N STA 0+586 6 -- °v a ., s c".._v N E' ` y srY ' y'' Z ' STA 0+832 10m 580x420 CSPA r. Z O INV.75.43(N) 5 INV.75, S CONCRETE GUTTER OUTLET .. ----- TA 8013 Sm�` _ �;'°`'�=• ...-urV 5.28 S; l` Gi 1.5m WALKWAY > zl F R I ' - CUR CONCRETE f � \ CURB k GU �..,, -� a t f�ncs x L:�r � � 0.5m SON = (OPSO BOR04) CURB k GUTTE v (OPSD 600.0 a 1.5m WALKWAY h. CEDAR CREST BEACH ROAD COVE ROAD { ---- - --- .._� ---___.. -.-__-_ - - -- _ - I ..�1.__.�- ___._.._- �-' ��:`_{_. :.-+ -f-- �;: - - _ -- •iAiPFOiFFT h�:#+8iS.05,S'^_ - .,— -.. _ r .. - HMM 7 :LILY�-_ -- r r... ,__ �__; ..-z �...--- --- --.'.^,- _ _ _ - , ;n, DATE BY �REVISaMs r - _ — -- — ALL 019AS a AND IIDV10W10x S VLL x CHRM AND 80 - - - - - - DM oc -.=7 �--. ._-rt � � ...._._. �-r�--"- - -.�=s s-- � PTO,goers iNErDaK. y 79 -.. 9 a ♦ 7 -___�.-.....,n_._. _ ___._._.,.... _.._,....... ._._�.._....., .7-:-....__-_. .....:--._...� _. .__-,.}j...__, .____�.... .__._.. .,.:.,..'."_ _ TAR - 7 r r 4 �. } 4. -- -- - 77 - + ' - = -- - - - - - - - - - _. __ -.__ -- _. _ . _... _ __. _._._.. _,.._ _ -t .._. - __ r Y_. _ - - - y 77 76 -- _-- _ -._�._..._ ___. _,.____: _._.__..�. _._ .._�.:_ :. ;__ _ _ _ _ __ _ ._,j2 yrATy.. _ t_ `3 _ _ ` ___ _ ...1�5�,. _ _ _ y"m�y...f gm, Q fy,,,,.„ Km 4 ' P _ _ t _ L T t 75 _. _._,___. _. -:_ 9 _ _ _. _ _ MNNCIPALlTIf of t : -- r f t r __-._..._ ,r - i - _..«... - .._ _.___.__ _.-._._ ........._.._ ......i._.-_._ _-_.__-_ u7 �--- - __ _ _ _ _ _" _ _ — `uri ton n _ - -- 4 -Y- 1 7 i -.__ WEST SIDE CREEK BRIDGE INCL ROAD SPANNING { _ _:J.- APPROACHES AND COVE ROAD / i- pp a MM]] ,�l .p !!a ® (INCL INTERSECTION MATH O O Sp O PN S O' O '8� n 'a Mg T. Y 81 P O1 ii g� ^ P o n R n aD < �I'ROPOS� WEST SIDE BEACH ROAD r R ism L nn k >� Ia i n n e^d n 12� 1C1n n nn ( 6AD BOWMANMU.E SEWER D cRASIZE NEW CONSTRUCTION N r STA 0+580 TO 0+860 SEWER crow ft oo�w: auc n n I9, :AILY I997 we w.vm +a /z—toMD r- ao GE se.c aanM,.t Iw owMe eAi a' HORZ.1:500 VERT.1:50 1 _ 1 .. __. 1 LEGEND '` n '', I " t FR. 9 ;y w _. EXISTING STORM SEWER �o�A'FR -,�;'. - PROP.13m OF CSP -�, 1+066 ___ R 1&t WV W 78 70 EXISTING WATERMAI '- o.as WV.E. 76.52f i - ---EXISTING GAS MANN SEWER y*`_ El F b.., p �; L 8 _ ._EXISTING BURIED BELL CABLE cp I* ' I. ! " 7A A f'c k . 0 6 EXISTING BURIED CN CABLE I :1 2 FR. t Flt fi <'.E. 1 Flt r Z -'EXISTING BURPED HYDRO CABLE _ , ,S REMOVE EXISTING TREES Na724 t - }. "' ,5 _ , O - O W9HT OF TRACT 1 NEW CONC.PAD l0 m 7C I M % `, V; NJ FOR MAILBOX a NEW CONS t ad 2 FA. `• +•. �. Lcx. 3 ASPHALT PARKING 8 Y t sT -O.. rt .._, x 1� FOR MAIL PICK VP`. t ti *I .'�- .1 _'__'� I I .-y trim - is � Z sra-� a0004a ' // ti I I �'._--" .,�S i .. r. _ • .. r I- 11 r /.:i a , s _ '�'-a. s ,;.4 .M vc -r- ,I :1T 37.. -t: .t sr-'S. \? f, s.. i -'i a`, .W OF�GPE __ a. r.J Tyr,!.'. .\L X_ - -- '.* j �l ; _PRbP.iqr_i__ rt-- v` �.i rc" 4 - i Y ,_ ♦ 011 ( r• ".., J 11 S.- - _- - - .._ , 3.15 _ --a. _.. _ _._ _ y r 1 l 'A -c., .�-r;- l y.h'- . _ -'- - --' -$._ - 515- -_ _ _ '- - S.3e e I .:._ r _ - f �: - ,.. 3z9_ fie: - ?.. v; � :-- - r ., A; .SZ - :` ti,! -/ - _ !_.__.� ._�.-mss:,._„-_.., r i $} _>.. .. .� ; f - +# "a ``' p ,.. ,_, ��7 .: s -.-a ,r;...-�::. - _ �• ;> - cAa. PROP 13tH 380mrn CSP Y w. c, �u 4 cAa I N _ INV.E. 75.56 ' o t W V.E 75.06 Y a� a r, S s O r, REINFOR GRASSED ALE } WHERE ADE GREATER THAN 5'6 t, x' 6= � , 0 ; ' ;:"0 it a r tm e i I w ,2 FR(CO OCO � a't. .-773 Nat05 10 � I I I I COVE AD ,� __ _r _ _ _ _-- _ __ _ _ _ _-- - - A _ - -,- _. _,___� - - - Bit: - - _- - o t tiQ _ -- - - . -._ _ __ -+ --- _ _ Y= - _- - -- - - __ - - - . _. _ ;_ _ _ -- ,r _ t __. _..... .t-. -__ v'- ._ - - - k -- - - _ - --- -- - - - - - ____i r_-__ ...-..._. _._.Y___. ._____, .._,-___ _ _ ,_. __ -__ .___ ._ .�____. ...-t_. _-__ __.,_�u�y .may ..� _ _ I. ___ -_ .-.. -i..__. -i..____ _� -__."-- -__.-.___ .__ .._.._ i __ .-..i._._,... ___.-•___ _._>..__ .-_ _. ._.-.._-. ._ _, - .:__._-''-___, a::;__ .J.,_ _ _.. 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' ,_.rte. .i - _ - - ° _- - - _ _>_ - _ _ _ __ _ _ _ - - _ -- -- - 1 - - -r-' - - - - - - - { _- Y, ___._— ___1. __- — -- i-. ... .. _-_,_ - , .__. _ .-.-__ __ , , _.- CONSTRUCTION OF BRIDGE SPANNING ✓ I , _ S _.__ _.... . ..... _._. _:_.__. . -.-._.._ __. , - - - REEK INCL ROAD - _ __:.: r -. .- _s.._- _. ._ - - - - __ - _.. A D _ _ _,._ .___.-_ _ __.,--_ - ._-_- __. .-._ __- - a f �:: APPROACHES) AND COVE ROAD Ts a X R� r 8 S rn -«� 3 nm 0 ro � ?� $ 3 _. X� / (YMEST SIDE BEACH ROAD) 0 �0 Rn ti 8$ o �m "� ' w oc� s� s $ R R� R �°od d K d i� ✓; OAO BOWMANMLLE SEWERIr p TMr>RAOE� NEW CONSTRUC110N SEWER STA 0+860 TO 1+200 STOM INVERT t to 0maao W. — le. .1 7997 tatro M. rao,®W: ".." 18 12-70490 ANGE a w a vft a 9 + HORZ. 1:50 A VERT. 1:50 MUNICIPALITY OF CLARINGTON N 'BOWMANVILLE' _ o 0 SAB UT. SPAN U 00 0 16000 16000 0 0 0 TO WAVERLY RD. I W•P. No. I W.P. No. 2 6000 APPROACH T EL. 77.930 — — — — T/A EL. 78250 I SLAB (TYP.) _CONSTRUCTION (CEDARCREST BEACH RD.) I I ( ( TO COVE RD. I � a Q o a NORTH CONSTRUCTION SOUTH a (CEDAR CREST BEACH RD.) 0 prop � V i� 300 500 2500 2500 1500 300 a � o ' o / / y 50 250 19dmm ASPHALT & 250 50 WATERPROOFING ' ` I 150 SYSTEM PLAN 2% 90 _.2% 2% -•2% SCALE 1:200 h ElEll EIU W ABUT. E. ABUT. 0 Xpmm CONCRETE TOPPING 5000 32000 5000 STANDARD MTO PARAPET WALL 140 6-13IY - 1220 PRESTRESSED VOIDED 140 WITH STEEL RAIL (GALV.) (TYP.) FINISHED BOX BEAMS = 7320 GRADE I TYPICAL SECTION \ W.L. 75.02 / SCALE 1:75 y_ SOFFIT i7(AUG. 9. 96) SOFFIT / ' \ EL. 76.537 — S/B EL. 76.857 / APPROX. O.G. I I I I I..-600mm e PREAUGERED HOLES III FILLED WITH SAND (TYP.) III u u P PI ESIO(TYP.) ELEVATION 3t SCALE 1:200 • � M.G.S. CEDARCREST BEACH ROAD BRIDGE ° :12 1049 totten suns hubicki associates M.G C.R.S.. OVER THE WESTSIDE MARSH OUTLET ORMOW QENGINEERS ARCHITECTS AND PLANNERS s G.L.A. MUNICIPALITY OF CLARINGTON ' AS NOTED 32m SPAN BRIDGE ALTERNATIVE SK-3 �, �,• .� �0M ' SCHEDULE "H" DESCRIPTION OF PROPOSED CLOSURE AREAS AND RESERVES ABUTTING PORTIONS OF WAVERLY ROAD 1 1. Proposed Closure Area A and Abutting Reserves All of Parts 1, 3 and 5 on Plan 40R-17774 2. Proposed Closure Area B and Abutting Reserves All of Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 on Plan 40R-17775 3. Proposed Closure Area C and Abutting Reserves ' All of Parts 2 and 4 on Draft Plan 40R- prepared by Brown & Coggan Ltd., under File No. 1971017 and Part 4 on Plan 40R-17774 4. Proposed Closure Area D ' All of Parts 1 and 3 on Draft Plan 40R- prepared by Brown & Coggan Ltd. under File No. 1971017 5. Temporary Public Highway Part 9 on Plan 40R-17774 SCHEDULE "I" ' ESTIMATED COSTS OF CONSTRUCTION OF COVE ROAD, WESTSIDE CREEK BRIDGE AND EXTENSIONS OF TEMPORARY PUBLIC HIGHWAY MUNICIPALITY OF CLARINGTON BOWMANVILLE ' Construction of Roads and Bridges Preliminary Cost Estimate Structure Spanning Westside Creek (32m) $500,000.00 1 West Approach Cedar Crest Beach Road (126m) 130,000.00 East Approach Cove Road (550m) 480,000.00 (1) Roads A & B (Cove Road Northerly) (30m) 40,000.00 Extension of Cedar Crest Road, West of Waverly Road (50m) 5,800.00 (3)(4) Improvements to Haul Road 8,200.00 (4) Design and Construction Administration for Extension to cedar Crest 2,800.00 Beach Road and Improvements to Haul Road ' Signage for Haul Road 3,800.00 Utility Relocation (Bell) 50,000.00 (2) ' Utility Relocation (Hydro) 110,000.00 (2) Illumination 15,000.00 ' TOTAL (excl. taxes) $1,345,600.00 1. INCLUDES RECONSTRUCTION OF WEST BEACH ROAD AT COVE ROAD INTERSECTION 2. FIRM SERVICING PROPOSALS AND ASSOCIATED COSTS HAVE NOT BEEN RECEIVED TO DATE FROM ONTARIO HYDRO,CLARINGTON HYDRO&BELL CANADA. COSTS PROVIDED HEREIN ARE WITHOUT ' BASIS AND ARE SUBJECT TO ADJUSTMENT. 3. AGGREGATE TO BE SUPPLIED BY ST. MARYS CEMENT CORPORATION. ' 4. DESIGN AND CONSTRUCTION ADMINISTRATION COSTS NOT INCLUDED. NOTES: PROVISION OF MUNICIPAL WATER FOR DOMESTIC AND FIRE SUPPLY TO SERVICE RESIDENTS ON ' CEDAR CREST BEACH ROAD,COVE ROAD AND ROADS A&B IN THE EVENT OF DISRUPTION OF THE EXITING GROUND WATER SUPPLY WOULD BE SOURCED FROM THE REGION OF DURHAM - "BOWMANVILLE WATER SUPPLY PLANT"LOCATED ON PORT DARLINGTON ROAD (SEE LOCATION ' PLOTTED ON THE ATTACHED MAP). COSTS TO PROVIDE THIS SERVICE IS ESTIMATED AT$950,000.00 AND IS ADDITIONAL TO THE TOTAL COSTS SHOWN HEREIN. PROPERTY ACQUISITION AND LEGAL SURVEY COSTS ARE NOT INCLUDED ' - GOODS AND SERVICE TAXES ARE NOT INCLUDED DESIGN, TENDERING AND CONSTRUCTION ADMINISTRATION COSTS ARE INCLUDED UNLESS ' OTHERWISE NOTED Totten Sims Hubicki SCHEDULE "J" SCHEDULE OF CONSTRUCTION OF WESTSIDE CREEK DIVERSION WORKS ' Westside Creek Diversion Works and Commencement Date ' No later than 12 months after the date of closing of the Temporary Public Highway as a public highway. Present anticipated starting date subject to request for amendment to DFO in accordance with provisions of paragraphs 7(a)(ii), 7(b) and 7(c) - Winter, 1998. ' Schedule of Work Primarily in winter and summer months over three years beginning Winter, 1998. Completion Date Anticipated and subject to request for amendment to DFO in accordance with provisions of paragraphs 7(a)(ii), 7(b) and 7(c) - Winter 2001. ' Stabilization Period Two years following primary construction. y . E trlm i' nnnn _ r WASH �\ UNK INSN"O 1{\ I \\_\\\�7 ���; • i \ ► mom mmr y`\\\\ 0.:1_x:..;;...... 1 mmm gg • �7 ' n n SCHEDULE K - 2 - EASEMENTS TO BE TRANSFERRED TO CLOCA OR AS OTHERWISE DIRECTED BY THE MUNICIPALITY Easement Area Scope C Access for persons, equipment and vehicles to and from Westside Creek Diversion Area B to permit the inspection, repair and maintenance of the Westside Creek Diversion Works as required by the Letter of Intent and the Monitoring and Maintenance Agreement if Blue Circle fails to repair and maintain the works on Westside Creek Diversion Area B. ' D, Access for persons, equipment and vehicles to and from Westside Creek Diversion Areas A and B along the top of the dyke to be constructed on Dyke Area B with the right to undertake maintenance and repair operations from Easement Area D; in ' respect of the Westside Creek Diversion Works, and the right to use the gates in the security fence on the dyke in order to maintain ' or replace vegetation on Easement Area D2. ' D2 Areas to, from and on Easement Area D2 via gates on the security fence on Easement Area D2 for the purpose of installing, maintaining and replacing vegetation thereon. SCHEDULE "K" - 3 - ■ Easement Area Scope • G Access for persons, equipment and vehicles to and from Overflow Channel Area A to permit the inspection, repair and maintenance of the Overflow Channel Works as required by the Letter of Intent and the Monitoring and Maintenance Agreement if Blue Circle fails to repair and maintain the works on Overflow Channel Area A. H Access to and from Overflow Channel Area A for persons, equipment and vehicles and to undertake inspection, maintenance and repair operation, respecting the Overflow Channel Works which are required by the Letter of Intent and the Monitoring and Maintenance Agreement if Blue Circle fails to repair and maintain the Works on Overflow Channel Area A. ■ NOTE: These easements may be exercised by CLOCA or as otherwise directed by the Municipality, and its respective employees, contractors and consultants. ■ ■ ■ ■ ■ r ■ ■ SCHEDULE "K" - 4 - 1 EASEMENTS RESERVED BY BLUE CIRCLE ' Easement Area Scope B Access to and from Westside Creek Diversion Area B by persons, ' equipment and vehicles for the purpose of maintaining and repairing the Westside Creek Diversion Works on Westside Creek ' Diversion Area B as required by the Letter of Intent and the Maintenance and Monitoring Agreement. D3 A perpetual easement of support of Dyke Area B, including the rdyke to be constructed thereon. ' E A Temporary Easement in the Reconfigured Westside Marsh to permit the construction and installation of the Westside Creek ' Diversion Works and the monitoring and maintenance of the same in accordance with the Letter of Intent and the Monitoring and ' Maintenance Agreement which easement shall terminate on the expiry of the later of the periods of monitoring and maintenance provided in the Letter of Intent and the Monitoring and Maintenance Agreement respectively. ' F Access to and from Overflow Channel Area B for persons, equipment and vehicles for the purpose of inspecting, maintaining ' and repairing the Overflow Channel Works as required by the Letter of Intent and the Monitoring and Maintenance Agreement. NOTE: These easements may be exercised by Blue Circle, its employees, contractors, ' consultants and agents. ' SCHEDULE 'L" MODIFICATION TO THE DURHAM REGIONAL OFFICIAL PLAN Deferral #1 PURPOSE: At the request of the Municipality of Clarington and Blue Circle Canada Inc. (formerly St. Marys Cement Corporation), the Waterfront ' Regeneration Trust undertook a process to resolve the issues related to the preservation of Westside Marsh, compatibility with existing residential uses and the continued economic viability and development of the Blue Circle operations. In November 1995, the Trust released a report which recommended a multi-faceted solution to these issues. The key recommendations of the Report would involve St. Marys conveying to the community, a significant portion of the Westside Marsh, as well as other nearby lands. In turn, the Municipality would convey a portion of the Waverly Road road allowance to St. Marys for quarrying purposes. The relocation of Westside Creek, which feeds into the Marsh, would also be required. ' The purpose of this modification is to incorporate policies and land use designations into the Durham Regional Official Plan which reflect the key recommendations of the Waterfront Regeneration Trust Report and the settlement between the Municipality of Clarington and Blue Circle Canada Inc. ACTUAL MODIFICATION: The Durham Regional Official Plan is hereby modified by: 1. In Section 18.2.2 by changing all references from "St. Marys Cement" to "Blue Circle Canada Inc.". ' 2. In subsection b) of 18.2.2 by deleting the words "In the course of preparing a waterfront plan," r3. In subsection c) of 18.2.2 by deleting the words "In the course of preparing a waterfront plan," ' 4. In subsection (d) of 18.2.2 by deleting the words "Mineral Aggregate Resource Policy Statement(MARPS)"to"Provincial Policy Statement". 1 „ „ SCHEDULE L - 2 - i 5. By adding a new subsection (e) as follows: "e) Westside Marsh is recognized as a provincially significant wetland and is subject to an aggregate extraction Licence issued under the Aggregate Resources Act. The Region recognizes and supports the agreement between the Municipality of Clarington and Blue Circle 1 which allows for the reduction of the total licensed area, the closing of a portion of Waverly Road, the retention of a portion of the Marsh and the conveyance of 1 approximately 40 ha of lands into public ownership for management as part of a wetland complex. 1 6. By amending Schedule 4 for Aggregate Resource Extraction Area 97 by reducing the area from "252" to 11227'. 1 i 1 i i i 1 1 f SCHEDULE TO DURHAM REGIONAL OFFICIAL PLAN MODIFICATION �OTI LOT '�� ��� r. ��m I.t �� Y.,•'ra �? ,�,.xae'i,• k�-. s a ,�'Y'��a.. .^+ j� .�}.t'�-��l,�r� ,�"� �' � ✓.lcC y+may �'� Y. •w�ebu y.>.14-� K'y?�3pYl� � ft'-^ �'� .']7a P.:eY S'1.4.if i.� •S 7, T. Pb+x,11 -_' CON III •TSr,. .'1+..,1 'r .�'Y ate'-++f>`x- . r 4 rX�n co.4 II W W� S' d7' +3`fir r -tr 'X,VP TT Rill DAMNGTON YCtf . t • CHANGE FROM "SPECIAL POLICY TO BOUNDARY REVISE OF SPECIAL POLICY AREA Bw Y SCHEDULE "M" ' MODIFICATION NO. 170 TO THE CLARINGTON OFFICIAL PLAN Deferrals 10,11 and 24 St. Marys Cement and Cove Residential Area PURPOSE: Section 16.5 (Special Policy Area C - St. Marys Cement Corporation) ' sets out policies related to the quarrying and cement manufacturing facility now owned by Blue Circle Canada Inc. Section 16.5 has been deferred at the request of Blue Circle Canada Inc. (Deferral No. 10). ' Section 17.3 (Special Study Area No. 2 - Westside Marsh/Cove Residential Area)includes the Westside Marsh and various residential lands in the adjacent Cove residential community. The preservation of the Marsh and the issue of compatibility between existing residential uses, quarrying activities and other potential industrial uses are to be ' addressed prior to the approval of land use designations for the lands in Special Study Area No. 2. Section 17.3 has been deferred by the ' Region at the request of Blue Circle Canada Inc. (Deferral No. 11). In addition, those portions of Map A3 (Land Use - Bowmanville ' Urban Area) covered by Special Policy Area C and Special Study Area No. 2, as well as a portion of Waverly Road south of the Ontario Hydro corridor are also deferred at the request of Blue Circle Canada Inc. and the Port Darlington Community Association (Deferral No. ' 24). ' At the request of the Municipality and Blue Circle Canada Inc., the Waterfront Regeneration Trust undertook a process to resolve the issues related to the preservation of Westside Marsh, compatibility ' with existing residential uses and the continued economic viability and development of the Blue Circle operations. In November 1995, the Trust released a report which recommended a multi-faceted solution ' to these issues. The key recommendations of the Report would involve Blue Circle conveying to the community, a significant portion of the Westside Marsh, as well as other nearby lands. In turn, the Municipality would convey a portion of the Waverly Road road allowance to Blue Circle for quarrying purposes. ' The purpose of this modification is to incorporate policies and land use designations into the Clarington Official Plan which reflect the key recommendations of the Waterfront Regeneration Trust Report and the agreement between the Municipality and Blue Circle Canada Inc. SCHEDULE "M" - 2 - ACTUAL MODIFICATION: The Clarington Official Plan is hereby modified by: 1. By replacing all references to "St. Marys Cement Corporation" ' with 'Blue Circle Canada Inc." 2. By deleting Section 16.5.1 and replacing it with the following: "16.5.1 This area primarily recognizes the licensed extraction area and the cement manufacturing facility of Blue Circle Canada Inc. and the Westside Marsh. The permitted uses are as follows: ' a on the lands designated General Industrial, the commercial dock facility ' existing on October 1, 1997 and a cement manufacturing facility; ' b) on the lands designated Aggregate Extraction Area and subject to the ' provisions of Section 16.5.2., aggregate extraction activities and ancillary uses such as a professional office building, a ' concrete batching plant, a truck terminal, and aggregate processing including the stockpiling of raw and processed materials; c) on the lands designated Environmental ' Protection Area, no development except for protection, conservation and enhancement of ecological systems, ' passive recreation, and uses related to erosion control and storm water management; and ' d) on the lands designated Waterfront Greenway, the uses identified in Section 14.7." ' 3. Add a new Section 16.5.2 and 16.5.3 as follows and renumbering the remaining sections in Section 16.5: SCHEDULE "M" - 3 , "16.5.2 Aggregate extraction activities and ancillary uses are subject to the following: ' a) an aggregate processing plant, concrete batching plant, and truck terminal shall: i) not be located within 700 metres of any residential property located ' south of Highway 401; and ii) not be located within 150 metres of ' the water's edge of Lake Ontario. b) within 700 metres of any residential ' property, aggregate processing is permitted provided that any crusher is ' located 10.7 metres below natural grade ; and ' c) for the purposes of Section 165.2, natural grade means the grades depicted by the contours shown on a drawing entitled ' "Existing Features" prepared by MacNaughton Hermsen Britton Clarkson Planning Limited for the Bowmanville Quarry(Job No. "8816'B' St.Mary's Bowm ' Durh")dated for submission in accordance with the Aggregate Resources Act on ' Nov. 9, 1990 provided that in no case shall natural grade include stockpiled material, excavated areas or be deemed to exceed 86 metres above sea level or be deemed to be less than 75.4 metres above sea level. ' 16.5.3 A portion of Special Policy Area C includes lands which will accommodate the planned diversion of Westside Creek, the retention of. a significant portion of the Westside Marsh existing on October 1, 1997, and a habitat linkage area ' between the Westside Marsh and the Bowmanville Marsh wetlands. These lands shall be managed by an appropriate public authority in ' conjunction with other public lands so as to conserve and enhance wildlife habitat on-site or SCHEDULE "M" - 4 - ' nearby with the objective of achieving no net loss in biodiversity and function." 5. By deleting the existing Section 16.5.4 (to be renumbered 16.5.6) and replacing it with the following: "16.5.6 Any rehabilitation plan or amendment to a rehabilitation plan for the aggregate extraction ' area shall address, among other matters, the following: ' a) the relationship of the lands to be rehabilitated to the Westside Marsh and related lands referred to in Section 16.5.3.; ' b the land uses ermitted within Special P P Policy Area C; c the rovisions of this Plan dealing with p g Bowmanville's urban waterfront; and d) the provision of attractive, connected and accessible public spaces appropriately located. Before submission of a rehabilitation plan or an amended rehabilitation plan to the Province for approval, the owner shall meet with the Municipality and Conservation Authority to obtain their input and comments on the matters referred to in this section. The owner shall ' objectively consider but not necessarily follow such comments in finalizing a rehabilitation plan or amended rehabilitation plan." ' 6. By adding the following new section: ' "16.11 SPECIAL POLICY AREA I - COVE RESIDENTIAL AREA 16.11.1 Special Policy Area I recognizes the historic residential community known as the Cove. Existing residential dwellings and limited infilling ' is permitted on private sewer or water services. SCHEDULE "M" - 5 " 16.11.2 The creation of new lots shall meet the ' requirements of Sections 12.3.5 and 23.7 of this Plan. ' 7. By deleting Section 17.3 and its corresponding subsections in their entirety. ' 8. By modifying Map A3 as indicated by Exhibit 1 to this modification. ' Exhibit 1 attached hereto shall form part of this modification. 1 ' _ u xwr'L ® POLICY ® �•��� AREA E db REDESIGNATE OM MODIFY OLINDARY OF "SPECIAL STUQ AREA 2>' TO "SPECIAL POLICY AREA C", : "AGGREGATE E RACT.ION ARIA" 4 ` F� R ' RE SIGNATE FROM:: 'RE SIGNATE FROM "� "WA RFRONT GREENWAY " TO TERFRgNT GREENVVEIY .. "AGG ELATE EXTRACTION AR lL, ►��^ `" x ELEETE NOUN RYRC}F gg . ♦ •.• l fi IJ Y T� ..plrir r9•. n i•ti'`'I`1 t1 J � STti AEA;.?s „�:: � , ij. ;,•t Vii. a „�f a �. ::'+:7i`.a}:y;•i �j;,`!:�_ •'�:% .E,%%'E:.v; '1, x.. c,::•(i 2y1. Ol ..y �'.y;..:i••'����':'•�i.. �� .�•z.,`•.'r.i;l::""r ��tr S�''•.,"• s x_ "�I �'.kr.r4;r;. •' ,ti ; "G• _ii {e.7'Lj!!C VY t� ... . ;� ;�;;;i:�?�•��''�'-y:€';��,�•;��,� �� ENfiA�, i'R�?TECTIt?N Af2Ef4 - :•.+.. :ate t«. tr i fi'i•r'1., c ADD SPECIAL ' PRESTIGE Z:z; " EMPLOYMENT AREA POLICY AREA I" �*:.:r ,c " K•t `�' ')i�u`.k,.:y? �..:a:�;Rx�h LIGHT PUBLIC URBAN BOUNDARY INDUSTRIAL AREA SECONDARY SCHOOL t: f;"S�t ; , �yy.lk +ti•w,ry k: _t 1�* REDESIGNATE FROM GENERAL SEPARATE " " INDUSTRIAL AREA SECONDARY SCHOOL »YATERFRONT GREENWAY TO - ----- + ; ENVIRONMENTAL PROTECTION AREA,`. UTILITY u SENATE u SECONDARY SCHOOL io IlY <, ENVIRONMENTAL PUBLIC REDESIGNATE FROM ` PROTECTION AREA ELEMENTARY SCHOOL REDESIGNATE FROM "AGGREGATE EXTRACTION AREA" TO SEPARATE "GENERAL INDUSTRIAL AREA" "ENVIRONMENTAL PROTECTION AREA" GREEN SPACE p ELEMENTARY SCHOOL TO "WATERFRONT GREENWAY" PRIVATE MAP Q� � MAIN CENTRAL AREA WATERFRONT GREENWAY � ELEMENTARY SCHOOL UHD USE LANDS TO - LOCAL CENTRAL AREA ® COMMUNITY PARK �• PELANNIN AREA 90YAMWOLLE MG°3oQMn Q( � REMAIN NEIGHBOURHOOD DEFERRED COMMERCIAL DISTRICT PARK ----�� SPECIAL POLICY AREA OFFICIAL PLAN HIGHWAY COMMERCIAL ® NEIGHBOURHOOD PARK SPECIAL STUDY AREA MUNICIPALITY OF CLARINGTON ``t. APRIL 15, 1997 , AGGREGATE TOURISM NODE GO STATION EXTRACTION AREA SCHEDULE "M" - 7 - 1 NOTE: It is acknowledged that the above wording respecting recognition of the 1 existing commercial dock facility is without prejudice to the rights or entitlement of Blue Circle Canada Inc. or its successors under all applicable legislation to expand or to add to such commercial dock facility and the rights 1 and powers of the Municipality of Clarington in respect of any such expansion or addition to the commercial dock facility. 1 i 1 1 i . 1 1 1 1 1 1 1 1 1 SCHEDULE "N" ' THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle. ' WHEREAS at a meeting on November 3, 1997 Council considered a multi-faceted report dealing with the Westside Marsh, Blue Circle operations and the closure of a portion of ' Waverly Road; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle, to implement the approved Clarington Official Plan and the agreement with Blue Circle Canada Inc; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: ' 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone category from: "Agricultural (A) Zone" to 'Environmental Protection (EP) Zone" "Extractive Industrial Exception (M3-1) Zone" to 'Environmental Protection (EP) ' Zone". 2. Schedule "A" attached hereto shall form part of this By-law. ' 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of the Planning Act. SCHEDULE "N' - 2 - ' BY-LAW read a first time this day of 1998 ' BY-LAW read a second time this day of 1998 ' BY-LAW read a third time and finally passed this day of 1998 ' Mayor Clerk ' This is Schedule "A" to By—law 97— , passed this day of 1997 A.D. ' T 11 T 1 LOT 14 LOT 13 LOT 12 LO LO 0 BASELI E ROAD WEST Z w m U O J ' 1 HIGHWAY 401 (f) LA R LAJ U ' O U RoA Z O U w 0 0 LLJ WATSo LAKE ON AR10 ZONING CHANGE FROM "A" TO "EP" ® ZONING CHANGE FROM "M3-1" TO "EP" N Mayor BOWMANVI LLE Clerk SCHEDULE "O" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' BY-LAW NUMBER 98- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle. WHEREAS at a meeting n November 3, 1997 Council considered a multi-faceted report g P dealing with the Westside Marsh, Blue Circle operations and the closure of a portion of ' Waverly Road; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle, to ' implement the agreement with Blue Circle Canada Inc; ' NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: i1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone category from: "Extractive Industrial Exception (M3-1) Zone" to "Environmental Protection (EP) Zone". 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of passing hereof, subject to the ' provisions of Section 34 of the Planning°Act. i� SCHEDULE "O" " 2 - BY-LAW read a first time this day of 1998 BY-LAW read a second time this day of 1998 BY-LAW read a third time and finally passed this day of 1998 1 Mayor Clerk i 1 1 1 1 i 1 1 i 1 ' This is Schedule "A" to By—law 97— , passed this day of 1997 A.D. r 1 LOT 14 LOT 13 LOT 12 LOT 11 LOT 10 1 11 � BASEU E ROAD WEST Z r 0 W m 41 HIGHWAY 0 1 R° LLJ a 0 r z Z \\\\ z 0 0 Y m UXE ONTARIO • �O r 1 1 » ZONING CHANGE FROM "M3-1 TO "EP" 1 1 4 N r Mayor BOWMANVILLE 1 Clerk 1 SCHEDULE "P" ' PERMITTED ENCUMBRANCES AFFECTING THE BLUE CIRCLE LANDS ' (Instrument numbers appearing in square brackets denote registrations in the Registry Office and those appearing in round brackets denote registrations in the Land Titles Office. Blue Circle Canada Inc. is defined as the "Company") As to all the Lands 1. any reservations, exceptions, limitations, provisos and conditions expressed in the original grants from the Crown, as the same may be varied by statue. ' 2. Unregistered Hydro Easements. By letter dated March 20, 1997, Ontario Hydro advised that it claims the following unregistered rights in the Lands pursuant to Section 42 of the Power Corporation Act, R.S.O. 1980, Chapter 384, as amended: a Lot 14 Broken Front Concession in the Township of Darlington, for 3 poles, 1 anchor and a 16.5 foot right of way granted by the Estate of John Edwin Allin on February 12, 1951 (P28558); ' (b) Lot 14, Broken Front Concession, Township of Darlington, for 1 pole, occupation rights, a right 10 foot wide to cut and a further right of way, also 10 foot wide granted by Norman Brown on January 6, 1949 (P71814); ' (c) Lot 16, Broken Front Concession, Township of Darlington, for 2 poles, 1 anchor and occupation rights granted by Garnet L. Symons on October 19, ' 1949 (P7209); (d) Lot 14, Broken Front Concession, Township of Darlington, for 6 poles, 2 ' anchors, occupation rights, a 10 foot right-of-way and a 60 foot separation allowance granted by St. Marys Cement Co. Ltd. on April 14, 1969 (P283637); (e) Lot 14, Broken Front Concession, Township of Darlington, for 1 anchor granted by St. Marys Cement Corporation on August 2, 1989 (P453511). 3. Any prescriptive rights acquired by any landowners. As to all Lands except those fourthly described in Schedule "A" 4. Instrument No. [154028] (NL21965) registered August 31, 1989, being a Development Agreement dated July 11, 1989 between the Company and The ' Corporation of the Town of Newcastle ("Newcastle"). 5. Instrument No. [161184] (NL28000) registered August 1, 1990, being a First Amending Agreement dated May 23, 1990 between the Company and Newcastle. ' SCHEDULE 'P" - 2 - 6. Instrument No. [161803] (NL28656) registered September 12, 1990, being a ' Construction Agreement dated June 4, 1990 between the Company and the Central Lake Ontario Conservation Authority. ' 7. Instrument No. [162555] (NL29408) registered October 30, 1990, being a Second Amending Agreement dated october 15, 1990 with respect to item 3 above, between the Company and Newcastle. ' 8. Instrument No. [D377830] registered December 19, 1991, being a Certificate of Action by Cooper's Crane Rental Limited. {The same Certificate of Action in the ' Land Titles Office was vacated and ruled off, as was the Construction Lien in both systems pursuant to an order vacating the same which was obtained March 21, 1994 and registered in the Land Titles Office on March 25, 1994 as Instrument No. ' [D429562]1. 9. Instrument No. [D453808] (LT723156) registered June 27, 1995, being a First ' Amendment Agreement to the First Amending Agreement, being item 4 above, dated May 22, 1996 between the Company and The Corporation of the Municipality of Clarington ("Clarington"). ' 10. Instrument No. [D485447] (LT786506) registered January 10, 1997, being a Second Amendment Agreement to the First Amending Agreement, being item 4 above, ' dated December 20, 1996 between the Company and Clarington. 11. Instrument No. [D501285] (LT823080) registered September 15, 1997 in Registry tDivision and September 19, 1997 in Land Titles Division being an Amending Agreement dated August 13, 1997 with respect to item 4 above between the ' Company and Clarington. As to all Lands except those fourthly described in Schedule "A" ' 12. Any rights of the public to pass and repass over the unopened portion of Darlington Street as shown on Plan H-50078, as set out in Instrument Numbers [11682] and ' [N30724]. As to those parts of Lands described secondly in Schedule "A" ' 13. Subject to certain existing rights of way which may have been acquired by prescription along the beach at the southerly limit of part of the Blue Circle Lands, ' as set out in the executors deed dated November 5, 1952 in favour of Alfred Hislop Allin registered on November 21, 1952 as Instrument No. [21101] and in a deed dated August 1, 1943 and registered on August 16, 1945 from the Trustees of Walmer Road Baptist Church to Carl Christian as Instrument No. [17811] and in a deed dated July 29, 1966 from Tom Popofsky, Vladimir Boujos and Nick Mousmanis to St. Marys Cement Co. Limited and registered on August 25, 1966 as Instrument ' No. [N30633]. SCHEDULE 'P" - 3 - ' 14. Instrument No. [98766] registered May 14, 1980, being a Development Agreement made between the Company and Newcastle. ' 15. As to Closure Areas A, B, C and D, Reservation of temporary easements for services provided by Ontario Hydro, Clarington Hydro, Bell Canada and Rogers Cable Television. t