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REPORT
Meeting:, Council File #
Date: Monday, November 3, 1997 ,Res. #
Report #; ADMIN-47-97 File #: By-law # ~ Sv 7
Subject: PRINCIPLES OF UNDERSTANDING BETWEEN BLUE CIRCLE CANADA INC. AND~7~°~°~~
THE MUNICIPALITY OF CLARINGTON ON THE IMPLEMENTATION OF THE
RECOMMENDATIONS OFTHEWATERFRONT REGENERATION TRUST REPORT ON'
WESTSIDE MARSH
Recommendations:
It is respectfully recommended to Council the following:
1. THAT Report WD-6497 be lifted from the table and received #or information;
2. THAT Report ADMIN-47-97 be received;
3. That the Principles of Understanding between Blue Circle Canada Inc. ("Blue' Circle's
substantially in the form and content of Attachment #4 be approved and that the Mayes
and Clerk be authorized to execute the Principles of Understanding on behalf of tfie
Municipality;
4. That subject to the Director of Public Works advising Council that the extension of the
haul road has been connected to Waverly Road to his satisfaction and the portion of the
haul road identified in Attachment #2 to this report is in a condition appropriate fora
public highway, Council approve the Lease of the land for the Temporary Public. Highway
from Blue Circle to the Municipality and authorize the Mayor and Clerk to execute the
Lease on behalf of the Municipality substantially in the form and with the content of
Attachment #9;
5. That Council pass a by-law dedicating the Temporary Public Highway in accordance with
the Principles of Understanding;
6. That notwithstanding Section 7 of By-law 95-22, Council pass a by-law declaring
Proposed Closure Area A and the abutting reserves as defined in the Principles of
Understanding to t>e surplus pursuant to Section 193 of the Municipal Act;
7. That following the dedication of the Temporary Public Highway, as a public highway,
Council pass a by-law to close that. portion of Waverly Road identified as Proposed:
Closure Area A and authorize the conveyance of it and the abutting reserves to Blue
Circle in accordance with the terms of the Principles of Understanding;
8. That Council authorize staff to take all necl;ssary actions to obtain the senior government
approvals referred to in the Principles of Understanding;
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REPORT ADMIN-47-97 PAGE 2
9. That conditional on the payment to the Municipality of $707,800.00 by Blue Circle Canada
Inc. on the Closing Date as defined in the Principles of Understanding and payment by
Blue Circle Canada Inc. of not less than $70,000.00 to CLOCA or not less than
$94,500.00 to the CLOCA Foundation, Council:
(i) appropriate $691,800.00 comprising $375,000.00 from Account 2900-18-X (Pits
and Quarries Reserve) and $316,800.00 from Account 5001-8-X (Roads Capital
Reserve Fund) for the reconstruction of Cove Road, the construction of the
Westside Creek Bridge and the improvements to the Blue Circle Haul Road;
(ii) transfer $100,000 from Account 2900-18-X (Pits and Quarries Reserve) to a
reserve fund to be established for the preparation and implementation of a
management plan for the Westside Marsh and Bowmanville Marsh wetland
complex;
(iii) approve the payment of one-half of all government fees and taxes up to $5,000
payable on the registration of transfers to CLOCA, such monies to be
appropriated from Account 2900-18-X (Pits and Quarries Reserve); and
(iv) approve the payment of additional costs associated for consulting, legal and any
additional studies required from the Contingency Account 7007-X-298 (best
estimate approximately $75,000.).
10. That staff report back on the status of negotiations for the acquisition of interests in land
required for reconstruction of Cove Road, the construction of the Westside Creek Bridge
and approaches to them;
11. That Council direct that notwithstanding By-law 94-129 as amended (the Purchasing By-
law) the tender documents for the reconstruction of Cove Road and the construction of
the Westside Creek bridge and the acx:esses to it shall require that aggregate and
concrete be purchased from Blue Circle at prices not to exceed then gurrent market
prices for these products in the Municipality;
12. .That Council approve the making of a management agreement between the Municipality
and CLOCA respecting .the future public lands identified in the Principles of
Understanding which are to be transferred to CLOCA addressing among other matters,
the issues set out in Attachment #6 and pass a by-law to authorize the Mayor and Clerk
to execute the same on behalf of the Municipality;
13. That Council approve Modfication #170 to the Clarington Official Plan as contained in
Schedule "M" of the Principles of Understanding as contained in Attachment #4 to this
report and that the Region of Durham be requested to:
• approve the portion of the modification related to the Cove residential
area; and
• defer approval of portion of the modification related to the Blue Circle
lands until the Temporary Public Highway referred to in the Principles of
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REPORT ADMlN-47.97 PAGE 3
Understanding is closed as a public highway and the Lease of the
Temporary Public Highway is released to Blue Circle;
14. That the Region of Durham be requested to modify the Durham Regional Official Plan as
contained in Schedule "L" of the Principles of Understanding as contained in Attachment
#4 and request the approving authority under the Planning Act not approve the same
until the Temporary Public Highway referred to in the Principles of Understanding is
closed as a public highway and the Lease of the Temporary Public Highway is released
to Blue Circle;
15. That the Rt. Hon. David Crombie and the Waterfront Regeneration Trust be requested to
obtain assistance from the Province of Ontario or other sources to provide matching
funding for the preparation and implementation of a environmental management-.plan for
the enhancement of the provincially significant wetland functions in the Westside
Marsh/Bowmanville Marsh complex on the basis of matching funding; and
16. That Council approve the content of the letter contained in Attachment #5 to Blue Circle
Canada Inc. that conditional on satisfaction of the condRions set out in it the Municipality
would not object to an increase in the maximum amount of the annual tonnage that may
be extracted from the quarry from 3 to 4.5 million tonnes;
17. That conditional on the actions required to be undertaken prior to and on the "Closing
Date" as defined in the Principles of Undertaking being completed, staff be authorized to
undertake all necessary steps to implement the Principles of Understanding including but
not limited to:
• the preparation of working drawings, specfications and tender documents as well
as calling tenders for the construction and installation of the Cove Road
improvements and the Westside Creek bridge;
• the holding of a public meetings to consider the amendments to the zoning by-
law referred to in the Principles of Understanding;
18. THAT Blue Circle Canada Inc., the Port Darlington Community Association, the Waterfront
Regeneration Trust, Central Lake Ontario Conservation, Ontario Hydro, the Region of
Durham Planning Department and the interested parties listed in this report be advised
of Council's decision.
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REPORT ADMtN-47.87 PAGE 4
EXECUTNE SUMMARY
1. Municipal staff and Blue Circle have been meeting to settle ire terms of the Principles of
Understanding to implement the recommendations of the Waterfront Regeneration Trust
rega>•ding Westside Marsh. The details on the background to the negotiations are
contained in Section t of this Report.
2. At recent meetings of Committee and Council, residents have raised a number of
concerns with respect to the proposals. While many residents appear to support the
principles of the arrangement, a number of specific issues of concern have been raised
and certain individuals have objected to the proposed solution. These .are outtined in
Section 2 of this report
3. The main elements of the Principles of Understanding corriained in Sections 3-7U of thls
report are summarized below:
SUMMARY OF MAIN ELEMENTS OF PRINCIPLES OF UNDERSTANDING
Item Blue Circle Municipality of Clarington
Closure and It is the intention of the parties that the
Conveyance of Municipality will close Wavetty Road in two
Waverly Road stages. Closure Area A (southerly 1:36 ha)
will be closed and conveyed prior to the
Closing Date. It is the intention that Closure
Area B (the northerly 0.57 ha) wilt be cosed
and conveyed to Blue Circle after the. Cove
Road/Westside Creek Bridge works are
completed and dedicated as a public
highway.
Temporary Public Blue Circle will improve and lease a The Municipality will credit Blue Circle for
Highway portion of their haul road and fts one half of the costs of the road
extension to Waverly Road to the improvements for the temporary road. at the
Municipality for nominal consideration time of Closing.
until such time as Cove Road is
reconstructed and Westside Creek
Bridge is constructed and both are
dedicated as public highways.
Conveyance of Lands At the closing date, Blue Circle will The Municipality will close and convey 0.74
to CLOCA convey approximately 43 acres of lands acres of Waverly Road to CLOCA.
comprising portions of the Bowmanville
Marsh, valleylands and the Marsh Link
Area. Blue Circle will also convey in
escrow approximately 67.5 acres of the
Reconfigured Marsh. The conveyance of
these lands will be completed upon the
closing of the Temporary Public Highway
and the release of the Lease of R to Blue
Circle. Certain easements will also be
transferred to CLOCA.
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REPORT ADiU{IN-47.97 PAGE 5
Item Blue Circle Municipality of Clarington
Westside Creek Blue Circle will construct the creek
Diversion diversion at its cost. The diversion works
include the construction of an overflow
channel to provide flood relief.
Fisheries Habitat Blue Circle will construct fisheries habRat
Compensation compensation works at its cost.
Bridge and Road Blue Circle will contribute $707,800. The Municipality will construct the bridge
Construction towards land acquisition, bridge and road and road improvements for an estimated
construction works. cost of $1.4 million dollars.
Land Acquistion for The Municipality is responsible for acquiring
Bridge and Road Cove Road and the lands needed for the
Works bridge. The appraised land costs have
been included in the wst-sharing
arrangements. Any addRional costs would
be borne by the Municipality.
Emergency Route Blue Circle will licence to the Municipality
an emergency route to and from Highway
401 for fire, and other emergency
vehicles and for residents in the event of
a flood. The route would utilize internal
haul roads and be relocated from time to
time in axordance with Blue Circle's
operations.
Aggregate Supply The Municipality will purohase all aggregate
and concrete required for the Cove Road
and bridge construction from Blue Circle at
market prices.
Fisheries Agreement Blue Circle, CLOCA, the Ministry of
Natural Resources and the Department of
Fisheries and Oceans will sign a Letter of
Intent which will detail the works to be
done, timing of construction, and
monitoring activities.
Maintenance and Blue Circle will enter into agreements
Monitoring Agreement with CLOCA and Ontario Hydro regarding
the issues of the stability of the
channelization works, liability, monitoring
program, maintenance procedures and
costs.
Management Blue Circle will contribute not less than The Municipality and CLOCA will have a
Agreement ekher $70,000 to CLOCA or $94,500 to joint management agreement for the lands.
the CLOCA Foundation for start-up costs. The Municipality will contribute $100,000
towards the start-up costs.
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REPORT ADMIN-47-97 PAGE 6
Item Blue Circle Munioipallty of Clarington
Waterfront Trail Blue Circle will relocate a portion of the
waterfront trail at its cost and ensure that
it will generally be open between April 1
and October 31st during the construction
period.
Security Fence Blue Circle will install a 6 ft. high chain
link security fence around the perimeter
of their lands once they commence
quarrying east of Wavery Road.
Official Plan Blue Circle will not object to mod cations The Municipality will proceed to adopt
to the Durham and Clarington Official modfications to the Clarington Official Plan
Pion provided that the approval is and request modification to the Regional
withheld until the Temporary Public Official Plan.
Highway is closed and the Lease is
released to Blue Circle.
Zoning By-law Blue Circle will not object to the passing The Municipality will proceed to enact two
of two zoning by-laws, the latter to be zoning by-laws to rezone the lands EP. The
enacted only after the lease on the haul first by-law woukJ be enacted as soon as
road is surrendered. possible. The second by-law is affected. by
the existing aggregate licence and would be
enacted only. after the licence is amended
and the lease on the temporary haul road is
released.
4. The financial arrangements provide for an equal sharing of the anticipated total
cost of acquiring lands, construction of roads and bridges and funding the start-up
costs for CLOCA to manage the weriand. Due to riming requirements andtax
considerations, the costs have been apportioned as follows:
Clarington
Share Blue Circle
Share
Total
Municipal Land Acquisition and Construction 651,800. 707,800. 1,399,600.
Blue Circle Haul Road Improvements 0. 14,000. 14,000.
CLOCA Management Plan and Start Up Costs 100,000. 70,000.* 170,000.
Subtotal $791,800. $791,800. 1,583,600.
Land Transfer Tax 5,000. 5,000. 10,000.**
Total $796,800. $796,800. 1,593,600.
* $94,500. 'rf donation made to CLOCA Foundation
**Estimate only
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REPORT ADMIN-47.97
1. BACKGROUND
1.1 Overview
The Westside Marsh is a provincially significant wetland, the majority of which is currently
licensed for extraction by Blue Circle Canada Inc. (see Attachment #1) As well, the
Marsh borders on approximately 50 dwellings on Cedar Crest Beach Road and Watson
Dr'Ne, and is also adjacent to a number of dwellings in the Cove Road area, which is a
private road. The Westside Marsh is highly valued by these residents, as well as by
regional and local naturalists.
Blue Circle Canada Inc. ("Blue Circle' formerly St. Marys Cement) holds a license to
quarry limestone on a 252.38 ha parcel on the waterfront. The licensed area is also
bisected by Waverly Road, which is owned by the Municipality, and provides road access
to the residences on Watson Drive and Cedar Crest Beach Road. Blue Circle also owns
several smaller parcels, including a portion of the Bowmanviile Marsh, which are not
licensed for extraction.
The Westside Marsh is provincially significant for several reasons:
• as an example of old dune succession;
• as an example of dynamic beach flora; and
• as an example of fen-like habitat which does not occur anywhere else in Durham
Region and is considered provincially rare.
In addition, Westside Marsh is in a unique position receiving relativelydittle impact. over.
the years. The bird community numbers in excess of 250 species, including many
regionally rare and some provincially significant birds. The wetland vegetation is the
most diverse of all of the marshes in Durham in terms of its flora which includes i6
regionally rare species. While much of the wetland will be retained, the loss of the north
end of wetland represents the loss of a significant breeding bird population, a vibrant
plant community, and amphibian breeding grounds.
1.2 Watertront Regeneration Trust Process
1.2.1 In December 1993, the Waterfront Regeneration Trust, at the request of the Municipality
and Blue Circle, agreed to help resolve the numerous issues related to Blue Gircle
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REPORT RDMtN-M17-97 PAGE 8
operation on the Lake Ontario Waterfront, including their plans to quarry the Westside
Marsh.
1.2.2 In December 1994, three public discussion sessions were held in Clarington to increase
public understanding of Blue Circle plans and explore any practical alternatives that
provided for both the long term viability of Blue Circle's operations and the preservation
of the greatest portion of the wetland possible.
1.2.3 On April 5,1995 the Trust held a fourth public discussion session to outline its proposal
on a concept to resolve the primary issues and receive public comments. This was
documented in an Interim Report dated June 1995.
1.2.4 The Trust invRed a number of interested parties, including local residents, naturalists, the
Ministry of Natural Resources, the Central Lake Ontario Conservation Authority and the
federal Department of Fisheries and Oceans, to participate in two workgroups to consider
habitat issues and other community concerns related to Blue Circle's plans. These
workgroups met regularly through the summer and~fall of 1995 to explore issues and
review information, and to assist the Trust in the development. of options for resolving the
various issues.
1.2.5 In November 1995, the Trust released a report entitled Westside Marsh -Report and
Recommendations in which they presented a concept for the preservation of the Westside
Marsh. The major recommendations provided in the Report are as follows:
• The "limit of extraction" available to Blue Circle on the Westside Marsh is to be
shifted to the north. This would allow a major portion of the existing Westside
Marsh to be retained. This would also provide for an increased buffer zone
between the waterfront communities and the quarry.
• The remnant wetland should be enhanced and augmented with additional habitat
on site or in nearby marshes to achieve "no net loss" overall as a result of the
quarrying activities.
• The Municipaliiy should close and transfer Waverly Road to Blue Circle, thereby
allowing the company to quarry the limestone under the road allowance as well
as within the required extraction setbacks (30 metres on either side}.
• The Municipality should provide a new road access to Cedar Crest Beach Road
by constructing a bridge and road connections to West Beach Road. The Trust
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REPORT ADNFIN-4787
supported the use of Cove Road as the most direct, least costly and least
damaging option.
• Westside Creek would be diverted so that it Rows through the Ontario Hydro.
transmission corridor to the north of the Marsh and empties into the east side of
the retained Marsh. The diversion was to be constructed on natural stream
principles.
• Biue Circle should convey the retained portion of the Marsh, industrially-zoned
land to the north of the-Cove Community and other smaller land holdings. to a
public agency to create acommunity-controlled parkland finking with the existing
Bovvmanville Marsh. This would create 120 acres of add'dional parkland.
• The Municipality should provide. an industrial location for Biue Circla,trto allow for
the relocation of the CBM stone crushing and concrete hatching p
• Blue Circle should set up a Community Relations Committee
• Representatives of the local community, Blue Circle, Clarington and CLOCA
should form a Steering Committee to develop an environmental .management
plan, co-ordinate education and volunteer involvement and provide advise.
• The Waterfront Regeneration Trust, Clarington and the local community should
assist CLoCA to find the necessary resources to carry out management and
planning activities.
1.3 Implementation of Trust Proposal
1.3.1 In July 1996, Council authorized Staff to initiate negotiations with representatives of Blue
Circle regarding the closure and conveyance of Waverly Road, and the transfer of the
retained Marsh and other lands to a public agency. As well, in order to continue public
access to Cedar Crest Beach Road once Waverly Road is closed, Council agreed to take
public ownership of Cove Road and to build a bridge over the mouth of the Marsh to
connect the two roads.
1.3.2 The following actions were undertaken subsequently:
• Staff initiated negotiations with the owners of property on both the east and west
sides of the mouth of the Marsh to acquire the necessary lands to build. the
bridge and road approaches.
• Cornwall Property Consultants Ltd. was retained to undertake an appraisal for the
portion of Waverly Road to be closed and conveyed to Blue Circle.
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REPORT ADMtN-47-97
• Bird and Hale Limited was retained to undertake a scoped environmental study
to determine the environmental impacts related to the construction of the bridge
and road approaches. This report, completed in November 1996, indicates that
there are no serious impacts on the natural emrironment resulting ftom the
location and construction of the bridge and road approaches. The Report
recommends a number of mitigative measures to reduce or eliminate the potential
impacts.
• Totten-Sims Hubicki was retained by the Municipality to undertake an engineering
study to determine the final design and lorades to Cove rRoad~ossing and road
approaches, including the necessary upg
• Two public information centres and a public meeting were held as follows:
~) discusls theofind ngs of the Environimentaelmpact Study~with consultants
and Staff.
ii) A second Public Information Centre was held on September 4, 1997 to
provide information relating to the location and design of the bridge,. the
road improvements forCove Road and the approaches on the east side
of the Marsh. Notice of both Information Centres was provided to all
residents of the waterfront communities adjacent to the Marsh.
iii) A Public Meeting was held on September 29, 1997 on the application to
close and convey a portion of Waverly Road to Blue Circle and to dedicate
the Haul Road and its extension as a temporary public highway.
2, RESIDENT'S COMMENTS:
2.1 At the September 29, 1997 Public Meeting respecting the closure of Waverly Road a
number of residents raised questions and voiced concerns related to the road closure
and other aspects of the proposal. Subsequently, on October 6, 1997, a report was
presented to the GPA addressing concerns related to the road closure (WD-64-97)• At
that meeting, more questions were raised by concerned residents.
The following summarizes questions and concerns raised by the residents, each are
followed by staffs response.
What are the health effects resulting from the aggregate operations (ie noise, dust
and vibrations)?
The operation of the quarry can create a number of nuisances which are
regulated by the Ministry of Natural Resources (MNR) under the Aggregate
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REPORT ADMIN-49-87
Resources Act. However, Staff are not aware of any health effects spec~ically
resulting from noise, dust and vibration of quarrying activlties. The Ministry of
Natural Resources have indicated that they have no knowledge of any studies.
related to health impacts.
Will well water supply in the Watsons Drive area continue to diminish?
In December 1995, residents in the Watsons Drive area experienced well water
disturbances after a series of blasts in the quarry. According to a hydrogeologist
retained by Blue Circle, the water source in the Watsons Drive area is derived
from an aquifer not fed from either the marsh or Lake Ontario. Although the
hydrogeologist could not be certain that the disturbances resulted from the blasts,
he did indicate that as the quarry moves east, the aquifer would recharge at a
much slower rate. Since that time Blue Circle has provided water in a portable
cistern to the affected residents. It is Blue Circle's intention to acquire additianal
residential properties in the Watsons Drive area to alleviate direct impacts on
residents. Alternately, consideration would be given to providing in-ground
cisterns as a long-term solution. '
WIII land values in the Cedar Crest Beach/Watsons Drive area decrease. as a result
of proposal?
Staff are not aware of any evidence that would support this conclusion.
According to the Trust's report, in most instances, waterfront properties hold their
value. The increased open space buffer between residences and the quarrying
operation could have a positive effect on land value.
WIII the length of time children stay on the school bus increase?
Staff have spoken with representatives from both School Boards. They both
indicated that the length of time on the school bus would likely increase but only
marginally. The school boards want to ensure that there will always be an
appropriate turn-around at the end at Cedar Crest Beach Road. This turn-around
is currently provided by Watsons Drive. In addition, the school boards indicated
that they are in the process of realigning school boundaries as a result of new
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REPORT ADMIN-47-~J7
schools opening in Bowmanville and would consider the impact of closing
Waverly Road.
Saving only sixty percent of the Marsh is not good enough. Why should we stop
here?
The agreement reached between Blue Circle and the Municipalitt, in Staff's
opinion, is a good solution for saving a portion of the marsh and meeting the
concerns of the residents while maintaining the economic viability of the
company.
When will the CBM aggregate processing operation tae relocated and where?
The agreement partially implements the Trust recommendation regarding CBM
aggregate processing and redi-mix operations on Waverly Road. The Trust
recommended that these operations be transferred to an industrial location
provided by the Municipality of Clarington within two years of the execution of the
agreement. Under the agreement negotiated between the Municipality and Blue
Circle, the existing CBM aggregate processing plant and redi-mix operation will
be removed within two years of the closing of the Temporary Public Highway on
the Blue Circle Haul Road. However, Blue Circle reserved the right to reinstall
another crusher on their lands provided it complies with the Official Plan
modification. Modfcation No. 170 to the Clarington Official Plan prohib'ds the
CBM operation within 700 metres of the nearest residence and f 50 metres. from
Lake Ontario, or alternatively is located 10.7 metres (35 feet) below natural grade.
What assurances are there that the marsh Zink area will come into public ownership?
Is there a policy document to reflect this?
The agreement between Blue Circle and the Municipality requires the marsh link
area to be transferced to a public agency. The transfers will take place
simultaneous with the transfer of the first portion of Waverly Road. (See Section
8(a)(ii) of Principles of Understanding).
What assurances are there that CLOCA will not sell off the marsh?
Under the terms of the agreement, the marsh and various other parcels will be '
transferced at the direction of the Municipality to CLOCA. The Municipality will
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REPORT
retain an option so that 'rf the Authority dissolves or declares the lands. surplus. to
their needs, the lands would be Vansferred back to the Municipality.
WIII Blue Circle have any form of Interest in the lands to be transferred?
Blue Circle will retain some easements to access the diversion channel and dyke
for construction and repairs as detailed in Schedule "K" to the Principles of
Understanding. A temporary easement will also be retained over the reconfigured:
marsh to create and maintain fisheries enhancement works as required- by
Department of Fisheries and Oceans. Blue Circle will have no other legal interest
in the transferred lands.
Why doss Waverly Rosd need to be closed before the bridge is built?
Blue Circle was willing to contribute their share of the costs for reconstruction of
Cove Road and construction of Westside Creek bridge provided that Waverly
Road was closed by the Municipality. In other words, they were not willing to
advance the funds on speculation that a future Council would pass the necessary
by-laws to close the road. Given the end of term for this current Council and the
recognition by all parties of the need to bring this process to a close, it is legally
necessary to close the road first while providing for a temporary road on a leased
basis until the bridge is actually built and Cove Road dedicated as a public road.
The Municipal Act prohibits the closing of a public highway which is the .only
access to properties unless access is provided by another public highway.
Why Is the northerly part of Waverly Road deleted from the proposed closure?
Blue Circle had originally wanted to acquire as much of Waverly Road. as possible
under the first phase of the closure. However, this section was deleted to avoid
the unnecessary construction of a temporary route estimated to cost $70,000
when that portion of Waverly Road could be used. It also avoids additional
unnecessary inconvenience to residents. The Principles of Understanding provide
for a second closure of the northerly part and the Temporary Public Highway after
the Westside bridge is constructed and dedicated as a public road (See Section
4 of Report).
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ADMIN-47-97
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When are approvals for the bridge forthcoming from the various agencies?
The status of the approvals for the Westside Creek are reviewed in Section 5 of
this report.
publicCwill access theo beachuover privatesproperty. Can sig ~ be Provided to
direct people to areas that are publicly accessible?
Directional signage to public areas along the waterfront will only be considered
once public amenities are built along the waterfront.
3. THE PRINCIPLES OF UNDERSTANDING
3.1 The Principles of Understanding will be made fully conditional on the necessary senior
government approvals being granted. In theevent that all approvals are nofgreniedby
December 31, 1999, the Principles of Understanding will unwind and consequently wit!
not bind either the Municipality or Blue Circle after that date.
3.2 The main elements of the Principles of Understanding (Attachment #4) are set out in the
chart included in the Executive Summary and key items are reviewed in detail in the
following sections.
3.3 The implementation of the recommendations of the Waterfront Regeneration Trust will
require that:
• Blue Circle enter into a legal arrangement with the Federal Department of
Fisheries and Oceans, the Ministry of Natural Resources and CLOCA respecting
the fish habitat;
• Blue Circle enter into a legal arrangement with Ontario Hydro and CLOCA
respecting the diversion works and lands; and
• the transfer of certain lands to CLOCA, the making of a management agreement
respecting them by the Municipality and CLOCA, the preparation of a
management plan by CLOCA and the implementation of the plan by CLOCA.
4. CLOSURE OF WAVERLY ROAD
4.1 Closure Areas
4.1.1 The Principles of Understanding outline four proposed closure areas of the road
allowance of Waverly Road (see Attachment #2). Only Proposed Closure Area A would
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REPORT ADM{N-477 PAGE iS
be closed immediately. The other three potential closure areas would be considered by
future Councils.
Proposed
Closure Areas To be
Conveyed to Use Consideration
A Blue Circle Quarry $337,250
g Blue Circle Quarry Part of above
C CLOCA Conservation Area Nominal
p Blue Circle Buffer Area relpairCand maintenance off tthe
bridge over the CN railway
4.1.2 Staff previously. reported to Council on the closure of approximately 5 acres of Waverly
Road through Reports WD-51-97 (August 18, 1997), Admin-42-97 (September 29, 1997)
and WD-64-97 (October 6, 1997). The latter report noted that Blue Circle amended its
application for the immediate closure and conveyance from the lands advertised in the
Public Notice to include only the southerly portion, being Proposed Closure Area A.
4.1.3 The residents of the Cedar Crest Beach Road and Watson Drive areas now. have access
to their properties only via Waverly Road. The acquisition of Cove Road, its dedication
as a public highway, and the construction of the proposed bridge to connect Cove Road
to Cedar Crest Beach Road would follow the closure and conveyance of the portions of
Waverly Road in question and the acquisttion of necessary properties by the Municipality.
The Municipal Act prohibits the closing of a public highway which is the only access to
properties unless access by another public highway is provided.
In order to address these considerations in the first phase, staff have negotiated for and
Blue Circle has agreed to lease to the Municipality the portions of its present haul road
and an extension to intersect with Cedar Crest Beach Road as shown on Attachment #2.
The haul road and its extension would be leased for a nominal rent from Blue Circle as
a temporary public highway. There would be improvemerrts made to the road by Blue
Circle prior to dedication as a public highway. In addition, the Municipaliiy would install
appropriate signage to direct traffic on the temporary public highway. All of the costs
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REPORT ADMIN-477 PAGE 16
associated with the improvemerrts to the temporary public highway would be cost shared
on a 50/50 basis.
4.1.4 The residents of the Cedar Crest Beach Road and Watson Drive areas would utilize the
leased portion of the haul road and its extension for that period of time following the
transfer of Waverly Road to Blue Circle (estimated to be January 1998) until such time
as Cove Road and the proposed bridge are dedicated as public highway (which could
be as soon as late FaII 1998). Any delay in obtaining approvals under Federal legislation
or land acquisition could serve to delay construction from Spring 1998 to Spring 1999
or later, thus increasing the length of time requiring utilization of the leased haul road.
4.1.5 Report WD-64-97 (Attachment #5), tabled by Council on October 14, 1997, recommends
to Council that conditional on Council approval of an agreement with Blue Circle, staff
be authorized to prepare by-laws to stop up, close and convey portions of the road
allowance known as Waverly Road to Blue Circle and to assume and dedicate portions
of the Blue Circle haul road and Rs extensions as a temporary public highway. Report
WD-64-97 had recommended that an extension to the temporary public highway be
constructed on the east side of Waverly Road through the CBM/Blue Circle lands to the
Ontario Hydro right-of-way. It has been agreed with Biue Circle that this extension should
not be undertaken and accordingly will not be included in either the Lease. or the
dedication by-law. It Is recommended that Report WD-64-97 be lifted from the table
and received for information. This report deals comprehensively with alt matters and
incorporates the recommendations in WD-64-97.
4.1.6 It Is recommended that Council pass the necessary bylaws to close and convey
Proposed Closu-e Area A. The actual conveyance to Blue Circle will not take place until
the "Closing Date", which is defined by last of occur of a number of actions including the
acquistion of lands for constructing the Westside Bridge and the execution of the various
related agreements referred to in Section 8 of this report.
4.1.7 If is also recommended that Council pass a bylaw to dedicate a Temporary Public
Highway, being a portion of the Blue Circle haul road and its extensions as defined
by Schedule F of the Principles of Understanding. The Director of Public Works will
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REPORT ADMIN-47-97 PAGE i7
provide a verbal report at the meeting indicating whether the improvements to the haul
road have been made to his satisfaction to enable Council to pass the above by-law.
4.1.7 The second phase of the closure would occur subsequent to the construction of the
Westside Bridge, the improvements to Cove Road and its dedication as a public highway.
The Principles of Understanding indicate that R is Council's intention to proceed with
Closure Area B. However, for legal reasons this decision cannot be made at this time
and will be a matter to be determined by a future Council. Given this uncertainty Blue
Circle has required that, among other things, the conveyance of the Westside Marsh
(approximatey 60 acres) be held in escrow on the condition of Council proceeding to
close and convey Proposed Closure Area B.
4.1.8 The second phase would also include the closure and conveyance of approximately 0.30
hectares (0.74 acres) to CLOCA for incorporation into the Westside Marsh management
area.
4.1.9 A third and final phase of road closure is possible. It was staff's position in the
negotiations that the remaining 0.47 hectares (1.16 acres) could be closed and conveyed
to Blue Circle for use as a open space buffer area in consideration for Blue Circle
assuming the maintenance costs, appropriately secured, for the bridge over the CN
railway. However, there has been no agreement as to these terms. While the matter. is
referenced in the Principles of Understanding, the arrangements will be dependent on
further discussions.
4.2 Appraisal and Surplus Land
4.2.1 Before Council may pass a by-law to authorize. the conveyance of Proposed Closure Area
A to Blue Circle, Section 19.3 of the Municipal Act and the Municipality's by-law
establishing procedures on the sale of real property must be complied with. Section 19.3
requires Council to declare the land to be surplus, to obtain at least one appraisal of the
fair market value of the real property and to give notice to the public of the proposed
sale.
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REPORT ADMIN~7-97 `PAGE f8
4.2.2 The Director of Public Works concurs with the memorandum from the Director of
Planning and Development to the Chief Administrative Officer dated September 5, 1997
(Attachment #6). They recommend that Council declare Proposed Closure Area A to be
surplus.
4.2.3 With respect to the required appraisal, Cornwall Property Consultants Ltd. were retained
by the Municipality. Their estimate of the aggregate value of Waverly Road for a section
that includes Closure Area A and Closure Area B is $337,250.00. Staff recommend that
this be accepted as the fair market value of Closure Area A and Closure Area B.
4.2.4 Notice has been given to the public of the proposed sale of Proposed Closure Area A
and abutting reserves to Blue Circle.
4.2.5 The Director of Public Works recommends that Proposed Closure Area A be declared
surplus following the dedication of the Temporary Public Highway as a public highway
pursuant to the Principles of Understanding. The Temporary Public Highway will serve
the same function as the portion of Waverly Road that is within Proposed Closure Area
A.
4.2.6 Sfaff recommend therefore that councR authorize the sale of Proposed C[oaure Area
A pursuant to the provisions of the Principles of Understanding.
5. RECONSTRUCTION OF COVE ROAD AND CONSTRUCTION OF WESTSIDE CREEK
BRIDGE
5.1 Preliminary drawings have been prepared by the Municipality's consultants which show
the proposed bridge that would connect Cedar Crest Beach Road to Cove Road and the
improvements that are necessary to bring Cove Road up to Municipal standards. As
approved by Council in April 1997, it has been resolved to construct a bridge spanning
Westside Creek including 120 metres of Cedar Crest Beach Road and the full length of
Cove Road from the bridge to West Beach Road, a length of 325 metres.
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REPORT ADMIN=47-97 PAGE 19
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.
52 Cove Road shall be built with a pavement width of 6.5 metres wkh 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. The total
cost of road construction (including utility relocation and illumination at the bridge) is
estimated at $832,000. The total project cost, including land acquisition, is presently.
being estimated at $1,500,000.
5.3 Construction of the proposed bridge to connect Cove Road to Cedar Crest Beach Road
require approvals under the Ontario Environmental Assessment Act, the Navigable Waters.
Protection Act, the Fisheries Act, and (possibly) the Federal Environmental Assessment
Act.
Approval for the project has been obtained under the Ontario Environmental Assessment
Act. The Ministry of the Environment and Energy determined the project is subject to a
Schedule B of the Act and no request for bump-up was received.
Staff is continuing to follow up on all approvals required under Federal Legislation.
However, it is not possible to estimate the timing and costs of doing so with confidence
at the present time. The Canadian Coast Guard (CCG) has declared the open waters of
Westside March as navigable under the regulations of the Federal Navigable Waters
Protection Act. This declaration required the preparation of an Environmental Study
Report with subsequent circulation of the report by CCG to other agencies. In addition,
the Marsh is subject to the Fisheries Act legislation, the Navigable Waters Protection Act,
and (possibly) the Federal Environmental Assessment Act. As of the writing of this report,
the Department of Fisheries and Oceans (DFO) has requested additional information on
the impact on fish habitat of the bridge and road construction and will not issue an
authorization unless acceptable measures to compensate habitat loss are developed and
implemented.
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REPORT ADMIN~7-97 PAGE 20
5.4 Thee Municipality would proceed with construction at the earliest possible- opportunity
subsequent to receiving the remaining approvals and subject to construction season
requiremerrts to minimize environmental impacts. It is anticipated that this project would
be undertaken in 1998.
5.5 Under the agreement, the Municipality agrees to purchase all aggregate and concrete
materials for Cove Road and the bridge from Blue Circle at current market value prices.
ff is recommendedthaf Council exempt this project from the Purchasiirg 8y-law artd
allow the tender documents for the Cove Road/westside Creek Bridge project to
include a requirementthat Blue Circle would 6e the exclusive supplier for aggregate
and concrete.
6. PROPERTY ACQUISITION
6.1 Westside Marsh Bridge and Approaches
Property Vaiuators/ConsuRing Inc. were engaged to complete an appraisal of the said
lands for the purpose of estimating their market values. There are five properties that the
Municipality needs to acquire. Discussions have been held with the principal owner of
the lands affected and to date there has been no progress.
6.2 Dedication of Cove Road as a Public Highway
.Cove Road is neither owned nor maintained by the Municipality of Clarington. It is a
private road over which many landowners or their mortgagees have a right of way. As the
Municipality is in discussions with the owner of Cove Road to assume responsibility and
dedicating it as a public highway, the Municipality must obtain title to the road free and
clear of aW encumbrances including any right of ways.
Quit Claim documents have been prepared and sent out to the 50 property owners. and
approximately 35 mortgagees. There have been several problems with the Quit Claim
Process as many of the claims have been returned due to incorrect addresses, new
owners etc. All current information has been reviewed and staff are. continuing to
process all claims.
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REPORT ADMIN-47-97 PAGE 21
6.3 Expropriation
Failing to complete negotiations with landowners for whose properties are affected by the
approaches and the construction of the Westside Creek Bridge, the Municipality may
have to consider commencing expropriation proceedings by publishing a notice of
intention to expropriate under Section 6 of the f=xpropriation Act.
Similarly if the Municipality does not receive quit claims from all property owners and
mortgagees, the Municipality may have to consider commencing expropriation
proceedings to obtain clear and free title to Cove Road.
It is the intent of Staff to continue to meet with all parties to avoid these proceedings if
at all possible. If agreements cannot be reached with all parties, staff would
subsequently report on all land acquisition issues.
7. LANDS TO BE CONVEYED TO CLOCA
7.1 The Principles of Understanding provide for 111 acres of land to be conveyed to CLOCA.
The first 43 acres would be conveyed upon closing. This includes the Marsh Link Area,
the Bowmanville Marsh and the Bowmanville Creek valleylands as identified on
Attachment #3.
7.2 Blue Circle has been concerned that the current Council cannot bind future Councils.
Accordingly there is an element of risk to the completion of the project that the remaining
portion of Waverly Road or the Temporary Public Highway would not be closed by a
future Council. In order to provide a level of certainty that the arrangements will be
completed as negotiated, the actual Reconfigured Westside Marsh would be conveyed
in escrow with the condition that the Municipality close and conveys the remaining
portion of Waverly Road (Closure Area B) and closes the Temporary Public Highway and
surrenders the lease.
7.3 For liability reasons, CLOCA has indicated that R does not want to own either the
Westside Creek Diversion Area B or the southerly dyke (as shown on Aitachment #1).
Accordingly, these lands will remain in Blue Circle's ownership, but will be subject to
easements in favour of CLOCA.
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REPORT ADMIN-477 PAGE 22
7.4 Various easements will be granted in favour of either CLOCA or retained by Blue Circle
in order to allow either party to access various lands for construction, monRoring and
maintenance purposes. The creek diversion area through the Ontario Hydro corridor will
be subject of an easement granted to both Blue Circle and CLOCA. Biue Circle is
responsible to acquire the easement on the basis of the land values paid by Ontario
Hydro at the time of expropriation.
7.5 At the meeting of the Board of Directors of CLOCA on October 21, 1997, the authority
resolved to enter into the necessary agreements (see Section 8 below) and implement
the Principles of Understanding as would be adopted by the Municipality including
assuming management responsibilities of the Wetland complex.
8. RELATED AGREEMENTS
8.1 The project negotiated through the Waterfront Regeneration Trust invoves the retention
of approximately 60% of the t02 acre Westside Marsh. It is a scientifically complex
arcangement which involves the relocation of the Westside Creek in part through the
Ontario Hydro corridor, the creation of new fisheries habitat as mandated under the
Fisheries Act and the long term management of the new Westside Marsh and
Bowmanville Marsh wetland complex so that there is no net loss in wildl'rfe habitat.
As the present time, not all of the related agreemenrts whichare necessary to implement
the arrangements have been completed. Since these agreements are fundamental to the
Municipality's objective of preserving as much of the Marsh's function. as curcently exists;
it is important that these agreements be referenced as a requirement in the Principles of
Understanding. This lays the groundwork for the further work and expectations of all
parties in the future.
8.2 Fisheries Agreement
8.2.1 While the fisheries aspect is the least significant component of the Westside Marsh, the
legislation governing fisheries is the most powerful. Blue Circle has undertaken studies
which estimate that approximately 55% of the fish habitat productivity would be lost under
the extraction proposal of the Waterfront Regeneration Trust. The compensation proposal
comprises a number of components including the creek diversion area, an enlarged and
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REPORT ADMIN-47-97 PAGE 23
deepened new creek mouth, deepening the central part of the marsh and. adding logs,
tree roots and aquatic plants, and removal of a portion of the southern berm to create
additional fish habitat area. F~ch enhancement area will be transplanted primarily with
plant material harvested from the wetland. Carp control fencing will be built and the
marsh will be stocked with large mouth bass. There will be detailed performance
monitoring at years 2,5 and 10 atterconstruction, but some limited monitoring will be
done each year. Nevertheless, in the event that the compensation measures fail, Blue
Circle is not obligated to undertake further works.
8.2.2 Blue Circle, CLOGA, the Ministry of Natural Resources and the Departmentof Oceans
and Fisheries (DFO) have signed a Letter of Intent with respect to the compensation and
monitoring arrangements. It is anticipated that in light of the commitment for
compensation in the Letter of Intent, DFO will shortly give authorization for Blue Circle to
destroy fisheries habitat within the revised limits of the quarry.
8.2.3 As noted above, staff are continuing discussions with DFO respecting any possible
impact of Cove Road and the bridge on the fish habitat. If necessary, the Municipality
may be required to provide compensation 'rf there is any impact on fisheries habitat.
8.3 Maintenance and Monitoring Agreement
8.3.1 The diversion of Westside Creek through the Ontario Hydro corridor and around the
currently licensed area involves a deep cut, the careful placement of culverts between
hydro towers, and the bio-engineering of the creek channel. Blue Circle estimates the
construction work would take up to 3 years and it would be another 2 years for the
vegetation to grow before the creek was actually diverted.
Ontario Hydro has co-operated with all parties in order to meet the objectives of the.
project. They have provided their consent in principle for the diversion of the creek
through their corridor. However, they remain concerned about the engineering work for
the culvert to be placed between their towers and the long term maintenance of the creek
diversion. Ontario Hydro requires that a public sector agency own and operate the creek
through their corridor. To this end, CLOCA staff have indicated that their agency would
be willing to accept management responsibility for the creek diversion subject to an
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REPORT ADMIN-47-97 PAGE Z4
agreement with Blue Circle to deal with indemnity, monitoring and maintenance works.
Blue Circle will be acquiring an easement interest through the corridor for both CLOCA
and themselves.
The Maintenance and Monftaring Agreement would also extend to otherfands including
the lower part of the diversion channel, the Yeconfigured marsh and the new overflow
channel to be constructed at the southwest side. This agreement would deal wfth the .
hydrology and structural stability issues related to the diversion of the creek. It does not
deaf with the natural environment issues save and except for the bio-engineering
techniques to be used to provide a more natural character to the dlven;ion works and
provided in relations to the fisheries compensation.
8.4 Management Agreement
8.4.1 The conveyance of the various lands by Blue Circle, in particular the tableland area which
would link the remnant Westside Marsh with the Bowmanville Marsh, provides the
opportunity to compensate for the loss of important habitat which will be quarried at the
north end of the wetland. This would establish a significant holding. with linkages
between the two wetlands.
The Waterfront Regeneration Trust's report envisages a broader environmental
management plan being prepared to guide CLOCA's management of the new public
lands. It is also anticipated that the Municipality, Blue Circle and the community will
contribute to funding these activities. The Trust also indicate that R would assist in
finding resources for management activities.
8.4.2 CLOCA estimates that the cost of preparing a plan would be in the range Of $50,000 to
$100,000 and that initial costs for enhancement and improvements would be in the range
of $200,000 including such items as plantings for the open field areas, ponds for
amphibians, snake hibernacula, trails and interpretive facilities.
8.4.3 The agreement with Blue Circle provides for the following:
• a joint management agreementwould be prepared between the Municipality and
CLOCA
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REPORT ADMIN-47-97 PAGE 25
• The Municipality would contribute $100,000 towards the costs of preparing a
management plan and an initial seed funding for improvements to wildlife habitat
and interpretive features including lookouts and spur trails from the waterfront trail
• Blue Circle would contribute either $70,000 to CLOCA or $94,500 ($70,000 plus
tax benefit) to the CLOCA Foundation at such time as they receive their charitable
status for the management plan and seed money for the initial improvements as
outlined above. This payment would be made prior to the Closing Date.
.8.4.4 It Is .recommended that Counclf authorize the preparation and execution of a
management agreement between the Municipality and CLOCA which addresses,
among other matters, the issues identified In Attachment #7. @ is also
recommended that the Municipality's contribution of $100,000 towards the start-up
costs for the managemeMOf the Westslde Marsh and Bowmanville Marsh Wetland
Complex be appropriated from the Pits and Quarries Reserve Account and set aside
in a Reserve Account to be established for the managementof fhe wetland complex.
These funds would be accessed upon submission of invoices from CLOCA for services
or projects completed.
8.4.5 Given the provincial significance of this wetland, the Waterfront Regeneration Trust
indicated that it would assist in finding resources for the management and enhancement
of the remnant wetland. his recommended that fhe Rt. Hon. David Crombie and the
Trust be requeatedto secure matching funds for this project.
9. OFFICIAL PLAN AND ZONING ISSUES.
9.1 As part of the negotiations, Staff wanted to resolve the outstanding deferrals to the
Regional Official Plan and Clarington Official. In addition, amendments to the Zoning By-
law are proposed to remove the Extractive Industrial (M3) zoning covering the lands
which would be part of the Westside/Bowmanville Marsh wetland complex and the
Westside Creek Diversion areas and overflow channel.
9.2 Both Blue Circle and staff have agreed to defer any matters dealing with the existing and
proposed expansion of the dock. Blue Circle has received provincial and federal
approval. It is staff's intention to deal with the official plan and zoning matters in the new
year after review of all of the necessary technical reports.
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REPORT ADM1N-47-97 PA,CaE gg
9.3 Durham Regional Official Plan Modification
9.3.1 The lands owned by Blue Circle (with the exception of the Bowmanville Marsh) are
designated as Special Policy Area B in the Regional Official Plan. At the request of the
- Port Darlington Community Association, the land use designation and associated policies
were deferred for further consideration.
9.3.2 The modification, included in Schedule 'L" in Attachment #4, indicates that the Region
supports the agreement between the Municipality and Blue Circle which would allow for.
a reduction of the total licensed area, the closing of Waverly Road, the retention of a
significant portion of the Marsh and the conveyance of approximately 40 ha into public
ownership and management. The modification also includes some technical. changes
which recognize the change in ownership, the completion of the Region's waterfront plan
and the new Provincial Policy Statement.
9.3.3 !t is recommended that fhe Reglon be requested to amend the Regional Of/fcial Plan
in accordance as indicated in Schedule "L" fo the Principles of tlnderstandfng. Both
parties have agreed to request the Region not to adopt the proposed modification until
such time as the temporary public highway is closed and the Lease of it has been
released to Blue Circle.
9.4 Clarington Official Plan Modification
9.4.1 The Clarington Official Plan currently designates the lands held by Blue Circle, west of
Waverly Road, as Special Policy Area C. The Blue Circle lands between Waverly Road
and West Beach Road and much of the residential area know as the 'Cove" are
designated Special Study Area 2. These lands and the related policies are deferred for
further consideration by the Region.
9.4.2 The proposed modification #170 included. in Schedule "M" contained in Attachment #4
proposes a variety of changes designed to implement the Principles of Understanding
and to ensure that existing irritants of noise and dust will not be further aggravated as
quarrying activities proceed easterly. Specifically the modfication provides for:
• a revised list of permitted uses within the Special Policy Area;
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REPORT ADMIN-47-87 PAGE 27
• spatial separation of 700 metres between aggregate processing plant, the
concrete-hatching plant and the truck terminal and the residential properties. In
addition there is a requirement fora 150 metre setback ftom Lake Ontario
• notwithstanding the spatial separation above, in the event that Blue Circle requires.
to use a primary or secondary crusher within the quarry, it would be permitted
provided that it was located at least below 10.7 metres (approximately 35 feet)
below natural grade;
• the management of the creek diversion, wetlands and link areas with the objective
of achieving no net loss in biodiversity and function
• requires that rehabilitation plans account for a variety of factors including the
Westside Marsh and that Blue Circle would consider the input and comments of
the Municipality and CLOCA prior to submitting it to the Ministry of Natural
Resources. Consultation between the Municipality, Blue Circle and the relevant
agencies to develop a long term rehabilitation plan will be required.
• Anew Special Policy Area for the Cove Residential community will be
added which recognizes the historic residential community and permits
limited infilling on private sewer or water services and in acx:ordance with
other appropriate policies of the Plan.
• Special Study Area 2 is deleted
9.4.3 His recommended that Modification # 170 be approved by Council and forwarded
to the Region. Blue Circle has consented to the modification provided that the polices
affecting its lands are not approved by the Region and in force until the arrangements
are completed in accordance wRh the Principles of Understanding.. Accord'mgly, the
Municipality and Blue Circle would request the Region to defer its approval of Section
16.5. (Special Policy Area "C" -Blue Circle) and the associated land use designations until.
the temporary public highway is closed and the Lease is released to Blue Circle.
However, the Municipality would request the Region to approve Section 16.11 (Special
Policy Area "I" -Cove Residential Area) and the assocated land use designations.
9.5 Zoning By-law Amendments
9.5.1 Under the Principles of Understanding, the Municipality would initiate the process under
the Planning Act to rezone the lands associated with the Westside Creek biversion and
the wetland complex comprising the Westside and Bowmanville marshes and the Marsh
Link Area. Two by-laws have been prepared and are attached as schedules to the
agreement.
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REPORT ADMIN-47-97 PAGE 28
9.5.2 The first by-law (see Schedule "N" of the Principles of Understanding in Attachment #4)
would rezone the Hydro transmission corridor, the westerly part of the Bowmanville Marsh
and parts of the Bowmanville creek valley from "AgricuRure (A)" Extractive Industrial -
Special Exception 2 (M3-2)" to "Environmental Protection (EP)'. This by-law is not subject
to the modification to the Clarington Official Plan or the application by Blue Circle to
amend their aggregate licence. Accordingly, this by-law would be passed by Council
after complying with the requirements of the Planning Act including the holding of a
public meeting and circulation to agencies.
9.5.3 The second by-law (see Schedule "O" of the Principles of Understanding in Attachment
#4) would rezone the reconfigured marsh area, the habitat link area, dyke area "B" and
the overland flow channel from "Extractive Industrial -Special Exception 2 (M3-2)" to
"Environmental Protection (EP)". This by-law would be processed under the Planning Act,
including the holding of a public meeting. However, Council would only enact the by-law
at such time as the Municipality has closed and conveyed the northerly portion of
Waverly Road (Proposed Closure Area B) and Blue Circle has received an amended
aggregate licence.
9.5.4 !t is recommended that staff be authorized to initiate amendments and advertise a
public meeting for the zoning by-laws referred to in the Principles of Understanding..
10. INCREASE IN ANNUAL TONNAGE
10.1 Blue Circle requested the Muhicipality's support in increasing their annual tonnage limit
under the licence issued by the Ministry of Natural Resources from 3 million tonnes to
4.5 million tonnes. A letter has been prepared by the Director of Planning (Attachment
#8) indicating that subject to Council's approval of the letter and the provision of
technical reports which would indicate there will not be a substantial change in the
emission of noise, dust or vibration or an unacceptable impact on the road system as a
result of the increase in annual capacity, the Municipality would not object to the
proposed increase in annual tonnage. n is recommended that Council approve the
content of the letter regarding an Increase in annual tonnage for the 81ue Circle
lands as per Attachment #8.
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REPORT ADMIN-47-97 PAGE 29
11. REMOVAL OF CBM CRUSHER
Blue Circle has committed to removing the existing CBM Crusher located on the east side
of Waverly Road within two years of the closing of the temporary public highway and.
surrender of the lease for the Blue Circle haul road. However, they have reserved the
right to install another crusher for CBM use provided that it complies with the provisions
of Modification 170 to the Official Plan, specifically that it is greater than 700 metres from
any residential property.
12. CONCLUSION
12.1 Staff of the Municipality and Blue Circle have worked diligently over the past few months
so as to provide for Blue Circle is economic requirement for certainty in the future of their
operations, the protection of residents from irritants as the quarry operation moves
easterly and. the preservation of a large portion of the provincially significant wetland.
The arrangements require that all parties, including the area residents, make a
commitment to share the burden and reap the benefits in fulfilling the plan.
12.2 The Treasurer has reviewed the financial recommendations contained in this report and
concurs.
Respectfully submitted,
.!~.L..,/ /,
Stephen A. Vokes, P. Eng. W. H. St ckwell
Director of Public Works Chief Administrative Officer
Franklin Wu, M.C.LP., R.P.P~
Director of Planning
and Development
DC*SAV*FW*jip
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REPORT ADMIN-#7-97 FADE ~
Attachments
1. Map of Westside Marsh and Blue Circle Quarry
2. Road Map
3. Map of Lands to be Conveyed to CLOCA
4. Principles of Understanding
5. Report WD-64-97
6. Memo from Director of Planning on Surplus Land
7. Specifications for Management Agreement with CLOCA
8. Letter to Wilson Little, Director of Engineering, Blue Circle
9. Lease for Temporary Haul Road and Extensions (Under Separate Cover)
interested Parties to be notified of Council's decision:
Mr. Wilson Little
Director of Engineering
Blue Circle Canada Inc.
400 Waverly Road
Bowmanville, Ontario
LiC 3K3
Mavis Carlton, Co-Secretary
Glenda Gies, Acting Co-Secretary
Port Darlington Community Association
R.R. #2, Group 2, Box 63
Bowmanville, Ontario
L1 C 3K3
Mr. Miohael McQuaid, Q.C.
Weir. and Foulds
Exchange Tower
Suite 1600, P.O. Box 480
2 First Canadian Place
Toronto, Ontario
M5X 1J5
Mr. Russell Powell
Chief Administrative Officer
Central Lake Ontario Conservation
100 Whiting Avenue
Oshawa, Ontario
L1H 3T3
Rt. Hon. David Crombie
Waterfront Regeneration Trust
207. Queen's Quay West
Suite 580
Toronto, Ontario
M5J 1A7
Mr. Ric Symmes
Sternsman International
13 Ganton Road
R.R. #2
Orillia, Ontario
L3V 6H2
Leah Houston
Youth-in-Action
137 Cedar Crest Beach Road
Bowmanville, Ontario
L1C 3K3
Mr. Gordon White
37 Windsor Valley Drive
Courtice, Ontario
LIE 1J4
Mars Garrick
147 Cove Road
Group ,Box 88
Bowmanville, Ontario
L1 C 3K3
Valerie Dostie
R.R. #2, Box 11
707 Waverly Road South
Bowmanville, Ontario
L1 C 3K3
Larry Defosse
125 Cove Road
Group 2, Box 66
Bowmanville, Ontario
L1 C 3K3
f_
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REPORT ADMIN-47-97
PAGE 31
Murray DeHaas C.H. (Chris) Vanderreest
83 Cedar Crest Beach Road Agent/Appraiser/Administrator
Bowmanville, Ontario GRID System Real Estate
LiC 3K3 GRID District Operations
7676 Woodbine Avenue, Suite 300
David Ashcroft Markham, Ontario
63 Cedar Crest Beach Road L3R 2N2
Group 5, Box 36, R.R. #2
Bowmanville, Ontario R.W. Messemey, District Manager
L1C 3K3 Aurora District
Ministry of Natural Resources
Debbie Houston P.O. Box 7400
137 Cedar Crest Beach Road 10401 Dufferin Street
Bowmanville, Ontario Maple, Ontario
Li C 3K3 L6A 1 S9
Georgina Preston Mr. Ken Brant
69 Cedar Crest Beach Road Regional Superintendent
R.R. #2 Canadian Coast Guard
Bowmanville, Ontario 201 North Front Street
LiC 3K3 Suite 703
Sarnia, Ontario
Christine Reid N7T 8B1
49 West Beach Road
Group 2, Box 26 D.V. Gilman, Area Manager
Bowmanville, Ontario Department of Fisheries and Oceans
Li C 3K3 Fisheries and Habitat Management -Ontario
867 Lakeshore Road, P.O. Box 5050
David Hifl Burlington, Ontario
101 Cedar Crest Beach Road L7R 4A6
Bowmanville, Ontario
L1C 3K3
Bob Morrison
97 Cedar Crest Beach Road
Group 5, Box 25
R.R. #2
Bowmanville, Ontario
LiC 3K3
Maureen & Ted Remington
Box 44201
600 Grandview Street South
Oshawa, Ontario
L1 H SR5