HomeMy WebLinkAboutPD-102-92
THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: NEWMEA.GPA
Meeting:
General Purpose and Administration Committee
Tuesday, April 21, 1992
File #
Res. #
Date:
PD-102-92
#: File#:
18T-82037
#
DRAFT APPROVED PLAN OF SUBDIVISION - NEWCASTLE MEADOWS INC.
REQUEST TO REGIONAL COUNCIL TO AMEND OR DELETE CONDITION
PART LOT 11/12, CONCESSION 2, FORMER TOWN OF BOWMANVILLE
FILE: 18T-82037
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-102-92 be received;
2. THAT the Town of Newcastle request the Council of the Region of
Durham to amend Condition 16b of subdivision 18T-82037 as issued
by the Commissioner of Planning dated March 18, 1992 by either
deleting the entire condition 16b or deleting any reference to the
Town of Newcastle in the said condition.
3. THAT the Durham Region Planning Department and all interested
parties listed ih tfils report ahd any deIega-cionoe advised of
Council's decision.
1. BACKGROUND
1.1 within the Northwest Bowmanville Drainage Area, eleven (11) draft
plans of subdivision have been submitted between the years 1982 and
1989, through the Region of Durham, seeking approval for various
types of residential/commercial development. Of the eleven (11)
plans, to date, nine (9) have received the necessary draft
approvals and in five (5) instances, amendments to the initial
draft approvals have been given. The following charts illustrates
the various plans and their dates of approval issued by the region.
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RECYCLED PAPIER
PAPER flEGYCLE
REPORT NO. PD-102-92
PAGE 2
PLANS OF SUBDIVISION
DATE OF APPROVAL
18T-88051
September 11, 1990
January 25, 1991 (Amendment)
18T-87087
July 10, 1989
February 23, 1990 (Amendment)
18T-87021
March 26, 1990
July 11, 1990 (Amendment)
18T-86069
June 21, 1990
18T-87086
October 24, 1990
November 28, 1991 (Amendment
18T-87085
NOT DRAFT APPROVED
18T-82037
March 7, 1989
July 10, 1990 (Amendment)
March 18, 1992 (Amendment)
18T-84035
June 7, 1991
18T-89070
NOT DRAFT APPROVED
18T-89089
January 21, 1991
18T-89021
october 10, 1990
1.2 During the subdivision review process, Mr. Emile Solomon, a local
resident, in May of 1990, requested that the Region of Durham refer
Draft plans of Subdivision 18T-84035, 18T-86069, 18T-87085, 18T-
87086, 18T-87089, 18T-88051, 18T-89021 and 18T-89070 to the ontario
Municipal Board. Mr. Solomon's referral request was based on his
concern that the former land fill site on the west side of the
Bowmanville Creek would be disturbed by any rerouting and increased
velocity in the creek, if the above plans of subdivision drains
into the Bowmanville Creek at the location proposed in the draft
Northwest Bowmanville Master Drainage Plan.
1.3 Three (3) of the Plans of Subdivision which Mr. Solomon wished
included in his referral request had already received draft
apPLoval (1ST 87087, lOT 02037 and 18T 87021) at the time of his
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REPORT NO. PD-102-92
PAGE 3
request. The Planning Act provides that a request for referral
could only be made before draft approval and accordingly the three
(3) were not included.
1.4 One of the recommendations to the ontario Municipal Board made by
Regional Staff wi thin their referral report suggested that Mr.
Solomon's concerns could be best addressed through the inclusion
of appropriate condition(s) of approval for all the affected plans
of subdivision which would address the issue of storm water and the
impact on the waste disposal site located on the west side of the
Bowmanville Creek.
1.5 Mr. Solomon withdrew his appeal, conditionally, upon draft
conditions of approval being incorporated within the various plans
of subdivision as noted by Regional Staff.
1.6 In addition to incorporating the necessary clauses wi thin the
relevant plans of subdivision referred to the ontario Municipal
Board, Regional Staff incorporated similar conditions of approval
witliin the three (3) plans of subdivision not included in the
referral request. Plan of Subdivision 18T-82037 was one of the
three subdivisions and the condition was amended by the Region on
July 10, 1990 (Attachment #1) by adding conditions 16a and 16b as
follows:
16a That a Master Drainage Plan for Northwest Bowmanville shall
be submitted to the Town of Newcastle, the Central Lake
ontario Conservation Authority, and the Ministry of Natural
Resources for review and approval. The Master Drainage Plan
shall recommend Stormwater Management methods which will not
impact on the waste disposal site on the west side of
Bowmanville Creek in the area of Jackman Road.
16b That the Ministry of the Environment shall confirm that the
Master Drainage Plan for Northwest Bowmanville as approved by
the Town of Newcastle, the Central Lake ontario Conservation
Authority and the Ministry of Natural Resources does not
impact on the waste disposal site on the west side of the
Bowmanville Creek in the area of Jackman Road.
The purpose of the amendments was to ensure the waste disposal site
P2
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REPORT NO. PD-102-92
PAGE 4
issue was properly addressed prior to final approval of the draft
plan. It should be noted that Town's Staff do not have
difficulties with the amended conditions.
1.7 By correspondence date March 18, 1992 (Attachment #2), Town Staff
was formally notified that the conditions of draft approval issued
initially on March 7, 1989 and amended on July 1,0, 1990 were
amended further as follows:
1) Condition Number 16a was amended by deleting the reference to
the Ministry of Natural Resources.
2) Condition Number 16b was deleted and replaced with the
following:
16b That a qualified Engineer shall certify in writing to the
satisfaction of the Town of Newcastle, that the stormwater
management controls approved for implementation in northwest
Bowmanville will not detrimentally impact the former waste
disposal site located on the west side of Bowmanville Creek,
just north of Jackman Road.
16c That, notwithstanding conditions 16a and 16b, Phase II as
shown on a plan prepared by J. D. Barnes Limited, reference
Number 89-25-295-10, showing 21 lots of single detached units
1-4~lots for~ 8 semi-c=detaclle~ . . h~~s ity
residential development and a commercial block, may proceed
on the basis of an interim stormwater drainage solution
approved by the Town of Newcastle and the Central Lake ontario
Conservation Authority which will temporarily re-route
stormwater runoff to the Soper Creek Watershed, provided that
the owner agrees in the Town of Newcastle' s Subdivision
Agreement, not to implement stormwater drainage scheme until
the Northwest Bowmanville Master Drainage Plan has been
approved in accordance with conditions 16a and 16b.
The purpose of the Region's amendments was to expedite the
clearance of Phase Two of the Newcastle Meadows Plan of Subdivision
through the issuance of clearance letters by the Town of Newcastle
and the Conservation Authority confirming that provisions in the
Town's Subdivision Agreement will ensure that stormwater drainage
for Phase Two will not be re-routed west to the Bowmanville Creek
until the Northwest Bowmanville Master Drainage Plan is approved
to the satisfaction of the Town of Newcastle and the Conservation
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REPORT NO. PD-102-92
PAGE 5
2 . STAFF COMMENTS
2.1 Staff has no objection to the amendments to Condition Number 16a
or to the inclusion of new condition 16c. Staff would confirm that
the Subdivision Agreement between the Town and Newcastle Meadows
Inc. presently complements the staging plan for Phase Two.
Furthermore, the appropriate clearance letter to facilitate Phase
Two has been forwarded to the Region.
2.2 Staff cannot however concur with the newly amended condition 16b.
The earlier version of condition 16b requires the Ministry of the
Environment, the Ministry of Natural Resources and the Town as
clearance agencies regarding the waste disposal site. Both the
Ministry of the Environment and the Ministry of Natural Resources
have now been removed from condition 16b apparently as a result of
the Ministry of the Environment stating that the proposed outfall
from the North Bowmanville Development would not impact the
landfill site and the Ministry of Natural Resources stating that
the subject matter is not within the Ministry's mandate.
2.3 As a result, this new version of conUi~n~-b~pIaee~-h~Wfl-ac
the sole agency responsible to clear this condition. This is not
acceptable on the following ground:
a) the new condition 16b was never requested by the Town;
b) impact of proposed development on the former waste disposal
site is under the jurisdiction of the Ministry of the
Environment. To the extent the Ministry of the Environment
has indicated there is no impact, the Region should delete
this condition in its entirety;
d) the Town has no inhouse expertise to review any engineering
report.
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REPORT NO. PD-102-92
PAGE 6
3. CONCLUSION
3.1 Staff have requested Regional Staff to delete all reference to the
Town of Newcastle in condition 16b but were unsuccessful. As a
resul t, Staff have no al ternati ve but to recommend Council to
request Regional Council to overturn the decision of the
Commissioner of Planning.
Respectfully submitted,
Recommended for presentation
to the Committee
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Franklin Wu, M.C.I.P.
Director of Planning
and Development
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Lawrence E./ K0tseff
Chief Admi~.'.is~~ative
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Walter Evans, P. Eng.,
Director of Public Works
LDT*FW*cc
*Attach
14 April 1992
Interested parties to be notified of Council and Committee's decision:
Newcastle Meadows Inc.
4300 Steeles Avenue
unit 17
WOODBRIDGE, ontario L4L 4C2
G. M. Sernas & Associated Ltd.
consulting Engineers and Planners
110 scotia Court, unit 41
WHITBY, ontario L1H SY7
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DURHAM
The Regional
Municipality
of Durham
Planning
Department
Box 623
1615 Dundas Street E.
4th Floor
Lang Tower, West Building
Whitby, Ontario
Canada, L 1 N 6A3
(416) 728-7731
Fax (416) 436-6612
A IT ACHMENT 1
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JUL 1 S 1990
July 10, 1990
TOWN Of NEWCASTlE
PLANNING DEPARTMENT
Newcastle Meadows Inc.
4300 steeles Avenue West
unit 17
Woodbridge, Ontario
L4L 4C2
Attention: Mr. Joe Nissan
Dear Mr. Nissan:
Amendment to Draft Approval
File No: 18T-82037
Location: part Lots 11 & 12 Concession 2
Former Township: Darlington
Municipality: Town of Newcastle
Rpf _ t-h _ : 'l?f:'f37
DR. M.R. MICHAEL, M.C.I.P. Re I
commissioner of Planning
The conditions of draft approval for the referenced plan of
subdivision issued on March 7, 1989 are hereby amended as follows:
a) Condition lGa) is added as follows:
.'
"lGa) That a master drainage plan for northwest
Bowmanville shall be submitted to the Town of
Newcastle, the Central Lake Ontario conservation
Authority and the Ministry of Natural Resources
for review and approval. The master drainage
plan shall recommend stormwater management
-meehods-whi'chm-wi-H~-'not",impact""",-ontha,waet~
disposal site on the west side of the Bowmanville
Creek in the area of Jackman Road.";
b) Conditions 1Gb) is added as follows:
"1Gb) That the Ministry of the Environment shall
confirm that the master drainage plan for
northwest Bowmanville as approved by the Town of
Newcastle, the Central Lake Ontario conservation
Authority and the Ministry of Natural Resources,
does not impact on the waste disposal site on the
west side of the Bowmanville Creek in the area of
Jackman Road.";
c) Condition 18a) is amended by adding reference to
condition lGa) ;
d) Condition lab) is amended by adding reference to
condition lGa) ;
e) Condition lad) is added as follows:
"lad) The Ministry of Natural Resources that condition
lGa) has been satisfied.";
This paper contain~c' rflcycled material.
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ATTACHMENT 2
e)
Condition 18.a) is amended by adding reference to Conditions
16.b) and 16.c)1
Condition 18.b) is amended by adding reference to Condition
16.c);
Conditions 18.d) and 18.e) are deleted, andl
Item #6 of the "Notes to Draft Approval" is deleted.
c)
d)
f)
..
The purpose of the above noted amendments are to expedite the
clearance of Phase 2 of the Newcastle Meadows plan of subdivision
through the issuance of olearance letters by the Town of Newoastle
and the Central Lake Ontario conservation Authority confirming
that provisions in the Town's subdivision agreement will ensure
that stormwater drainage for Phase 2 will not be re-routed west to
the aowmanville Creek until the northwest aowmanville master
drainage plan is approved to the satisfaotion of the Town and the
oonservation Authority.
The Ministry of the Environment confirmed by endorsing
oorrespondenoe dated January 21, 1992 from Mr. R. Perry Sisson, ~.
Eng. of G.M. Sernas and Assooiates, that the former Jaokman Road
dump site will not be detrimentally affeoted by stormwater outfall
into the Bowmanville Creek from development in northwest
Bowmanville (refer to Attaohment 1). ay oorrespondence dated
January 8, 1992, the Ministry of Natural Resouroes has indioated
that the Ministry did not request the oondition of approval
related to the disposal site issue and further that it had no
interest in this file (refer to Attaohment 2). aased on the
correspondenoe received from the above noted Ministries, I am
satisfied that no further olearanoe by these Ministries is
necessary for this plan of subdivis~on to be registered.
If you have any questions regarding the above noted amendments,
please do not hesitate to oontact Mr. Neil Henderson, Senior
Planner, of this offioe.
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ldb
Attachments 1
1.
Letter dated January 21, 1992 to Ministry
of the Environment from G.M. Sernas &
Assooiates.
2. Letter dated January 8, 1992 from Ministry
of Natural ~esources.
001 Regional Clerk
Town of Newcastle
central Lake Ontario conservation Authority
Ministry of Munioipal Affairs
Ministry qf the Environment
Ministry of Natural Resouroes
G.M. Sernas & Assooiates Limited
D. Hamre, Mayor, Town of Newcastle
- 2 -
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A IT ACHMENT 1
f) condition 18e) is added as follows:
"18e) The Ministry of the Environment that condition
1Gb) has been satisfied.";
g) Add Note *G as followSt
"G. plans of subdivision 18T-8708S, 18T-8708G, 18T-
87089, 18T-880S1, 18T-89021 and 18T-89070 have
been referred to the ontario Municipal Board on
the basis that the master drainage plan referred
to in conditions lGa) and 1Gb) may recommend
Dnplementation of stormwater management measures
that may Dnpact on a waste disposal site located
on the west side of Bowmanville creek in the area
of Jackman Road. The Board mayor may not
require that a modified drainage plan be
Dnplemented for the referred plans of
subdivision."
The purpose of the amendments is to ensure the waste disposal site
issue is addressed prior to final approval of this plan.
Yours very truly,
t
A,.~
Dr. M. Michael, M.C.I.P.
Commissioner of planning
cct Town of Newcastle
Ministry of Municipal Affairs
Regional Clerk
Central Lake ontario conservation Authority
Ministry of the Environment
Ministry of Natural Resources
G.M. Bernas & Associates Ltd.
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DURHAM
rhe Regional
Municipality
of Durham
Planning
Department
Box 623
1615 Dundas Street E.
4th Floor
l.ang Tower, West Building
Whitby, Ontario
Canada, L 1 N 6A3
(410) 728-7731
Fax (416) 436-6612
DR. M.R. MICHAEL, M.C.I.P.
Commissioner of Planning
ATTACHMENT 2
March 18" 1992
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Mr. Joe Nissan
Newcastle Meadows Inc.
4300 Steeles Avenue West
Unit 17
Woodbridge, ontario
L4L 4C2
r,o~~~. J;: NE'NCASne
PLMhnNG DE?AUTMENT
--
Dear Mr. Nissan:
ReI Amendment to Draft Approval
File No.: 18T-82037
Location: Part Lots 11 & 12 Concession 2
Former Township: Darlington
Municipality: Town of Newcastle (Bowmanville)
Also Quote Ref. No.: ?71;L:)-j..--'
Please be advised that the conditions of draft approval for the
subject plan, as issued on March 7, 1989, as amended on July 10,
1990 are hereby further amended as follows:
a) Condition 16.a) is deleted and replaced with the following I
"16. a)
That a master drainage plan for northwest
Bowmanville shall be submitted to the Town of
Newcastle and the Central Lake ontario
Conservation Authority for review and approval.
The master drainage plan shall demonstrate that
the recommended stormwater management controls
to be implemented in northwest Bowmanville will
not detrimentally impact the former waste
disposal site situated on the west side of
Bowmanville creek, just north of Jackman Road".
~
b) Condition 16.b) is deleted and replaced with the followingl
"16. b)
That ""a qualified engineer "shall,certifyin
writing to the satisfaction of the Town of
Newcastle, that the stormwater management
controls approved for implementation in
northwest Bowmanville will not detrimentally
impact the former waste disposal site located on
the west side of Bowmanville Creek, just north
of Jackman Road.
16. c)
That, notwithstanding conditions l6.a) and
l6.b), Phase II as shown on a plan prepared by
J.D. Barnes Limited, reference number 89-25-295-
10, showing 21 lots for single detached units,
14 lota for 28 semi-detached units, 2 blocks for
high density residential development and a
commercial block, may proceed on the basis of an
interim stormwater drainage solution, approved
by the Town of Newcastle and the Central Lake
ontario Conservation Authority, which will
temporarily re-route stormwater runoff to the
Soper Creek watershed, provided that the Owner
agrees in the Town of Newcastle's subdivision
agreement, not to implement the ultimate
stormwater drainage scheme until the northwest
Bowmanville master drainage plan has been
approved in accordance with conditions 16.a) and
16.b "
This paper contains recycled material.
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A TT ACHMENT 2
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Page 2
January 8, 1992
Mr. Neil Henderson
If you have any questions regarding the above, please contact
Rick Calhoun (Ext 2127) at this office.
Yours truly,
,/J Il /'
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~aul Strassburger
District Manager, Lindsay Dist~ict
',Ministry of Natural Resources
322 Kent Street West
Lindsay, Ontario
K9V 4T7
1-705-324-6121
~ Calhoun/kt
{IIP~. -G.M. Sern~s and Associates
C.c. - Town of Newcastle
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January 21, 1992 JAN 291992
G.M. Sernas & Assoc. Ltd.
Ministry of the Environment ~
7 Over lea Boulevard, 4th Floor
Toronto, Ontario
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~ttention: Mr. Rodney M. Adams
sr. Environmental Officer
Dear sir:
ATTACHMENT 2
. Semas
'sociates Ltd.
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01< '_ .... Consulting Engineers t; Planners
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"'PY:: -= ~. ,e1<<:phone: (416) 432-7878
Dlt _ __ _- ,.;r., nlo Llr\e: (416) 428-9049
"'1iT _. .,_ .-,~ FlIx: (416) 432-7877
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RE: 1-1. BOWMANvILLE DRAINAGE AREA
STORMWATER OUTFALL TO BOWMANVILLE CREEK
OUR PROJECT NO. 870l
As per the ~orth Bowmanville' stormwater M.anageme.nt compensation
study (G.M. Sernas, May, 199~) and the Northwest Bowmanville Master
Drainqqe studY (G.M. Se~nas, october, 1989), the North Bowmanville
development area is proposed to drain into the Bowmanville Creek
approximately 280 metres upstream of the Jackman Road Bailey Bridge
(Refer to Drawing 8701 No~ 1 enclOsed).
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j'; During the master drainage study, it was learned that a dump site
exists near the Bowmanville creek approximately 150 metres upstream
of the proposed outfall location west of the creek. This site was
investigated and it has been determined that the dump site is a
sufficient distance away from the proposed work associated with the
outfall, and will not be affected by the drainage proposal.
Furthermore, the master drainage study . states that the North
Bowmanville development will not cause an increase in peak flows in
the' Bowmanville Creek and therefore increased flooding (that
. potentially could impact the dump site) will not occur. The study
states.. .
IITbts can be attributed to the fact that the watershed bas a very low
developtnent ratio and most of thB developnwnts m-e located at tbe lowet.
rea.ebes of tbe watershed. The timing of peak flows from these
doWttstl'Bm1l areas is sueb that tbey will fat' precede those that emanate
from the large upstream reacbes of the Bowmanville Creek." pAB
For these reasons, .the dump site will not be affected by the
drainage proposal for tn~o~ wm' opments.
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Ministry of the Environment
Mr. Rodney M. Adams
Jahuary 21, 1~92
Page 2
A T'T ACHMENT 2
G.M. Bernas
OA~sociatcs Ltd. .
cr C.II"i111nu r."9inWll M.lOOffl
In order to satisfy the Region of Durham and Town of Newcastle and
expedite development approvals, we require your ~ignature. to
indicate your concurrence with th~ contents of this letter.
Should you have any questions regarding the above, please do not
hesitate to contact the undersigned.
Yours very truly,
G.M. SERNAS & ASSOCIATES LTD.
~gr. ~
isson, J?Eng.
ources Engineer
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Encl."
. Sj,qn Back
I agree with
contained in
of July 4,
North Bowro
the contents of this letter and based on information
the Ministry of the Environment letter to G.M. Sernas
I have conoluded that the proposed outfall for the
vi le Developments will not impact the noted dump site.
of the Environment
Rodney M. Adams
Sr. Environmental Officer
Date
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1591
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Ontario
~
Ministry of
Natural
Resources
Ministere des
Richesses
naturelles
A TT ACHMENT 2
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January 8, 1992 Our File: 8553.4(New.4)
The Regional Municipality of Durham
Planning Department
Box 623
Whitby, Ontario
L1N 6A3
Attention: Neil Henderson
Dear Neil:
Subject: Draft Plan of Subdivision 18-T-82037
Town of Newcastle
Further to our recent telephone conversations, we confirm that
the Ministry of Natural Resources reviewed the above noted
, ~ ~draft plan of subdivision when it was first circulated in
December, 1982. At that time we advised the Region that we
had no objection to the approval of the plan. We did not
request the imp~sition of any approval conditions.
Recently we were requested by the both G.M.Sernas and
Associates, and the Region, to clear approval condition 16 (a)
which states the following:
"That a master drainage plan for Northwest Bowmanville shall
be submitted to "",the "'I'own of Newcastle, the Central Lake
Ontario Conservation Authority and the Ministry of Natural
Resources for review and approval. The master drainage plan
shall recommend stormwater management methods which will not
impact on the waste disposal site on the west side of the
Bowmanville Creek in the area of. .Jackman Road."
The Ministry of Natural Resources is not prepared to provide
any clearance of the above noted condition for the following
reasons.
1. This approval condition was never requested by MNR.
2. The wording of the approval condition suggests concern
about the possible effects of stormwater flow on an
existing or former waste disposal site. The mandate of
MNR.does not extend to this type of concern.
As a result, we respectfully request that the Region amend the
conditions of draft approval to delete reference to MNR since
we have no interest in this file.
. . /2
(over)
.- () 2
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