Loading...
HomeMy WebLinkAboutPD-7-93 THE OF THE TOWN OF NEWCASTLE 1')(5\ /t,. .{,r611:)/~1 File # 1::> \4 ,br:~U ,9,()r ' Res, # QPA -~~3 # General Purpose and Administration Committee Date: Monday, January 4, 1993 #: - PD 7 93 File #: APPLICATION BY ST. MARYS CEMENT CORPORATION UNDER THE NAVIGABLE WATERS PROTECTION ACT FOR THE DOCK EXPANSION FILE: OPA 89-68 DIN & DEV 89-74 Recommendations: It is Respectfully recommended to the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-7-93 be received; 2. THAT the Canadian Coast Guard of the Department of Transport, be advised that the Town of Newcastle does not support the approval of the application under the Navigable Waters Protection Act until such time as the concerns of all agencies with regard to the dock expansion have been addressed; 3. THAT the Shoreline Regeneration Trust Agency be requested to organize and facilitate sessions with all affected parties to resolve outstanding issues surrounding the dock expansion and future plans for all st. Marys Cement holdings; and 4. THAT a copy of this report and Council's resolution be forwarded to the Canadian Coast Guard, Shoreline Regeneration Trust Agency, st. Marys Cement Company, the Region of Durham and the Port Darlington Community Association. 1. INTRODUCTION 1.1 On September 2, 1992, a notice was placed in the Canadian Statesman by st. Marys Cement Company advising that application had been submitted to the Canadian Coast Guard under the Navigable Waters Protection Act R.S.C, Chapter N-22 for approval of an expansion to the existing dock. On the basis of the advertisement, staff made inquiries and subsequently requested circulation of the application and support materials. ...2 L 49 j RECYCLED PAPIER PAPEf1 RECYCLE Tl-IIS IS PI1!IHED ON RECYCLED PAPEH REPORT NO.: PD-7-93 PAGE 2 written objection based on the effect of the work on marine navigation was requested by the Coast Guard within a one month period. At that time, staff responded to inform the Coast Guard of the waterfront planning study and the applications made to the Town under the Planning Act. In assessing the issues surrounding the dock expansion and in light of the workload related to the Official Plan review, staff requested an extension to the deadline in order to seek Council's direction. 2 . BACKGROUND 2.1 The Docking Facility In 1973, st. Marys was granted a license of occupation by the Federal Government for a Crown Waterlot. Between 1974 and 1979 the dock was created, the lakefill and construction of the dock was authorized and monitored by the Ministry of Natural Resources and the Ministry of Environment. A certificate of Approval had been issued under the Environment Protection Act. The existing dock is approximately 32 hectares (79 acres) in size, extending 650 metres into Lake ontario and is capable of handling one seaway bulk cargo carrier. The dock is used for stockpiling cargo necessary in the production of cement, such as clinker, gypsum, slag, and coal. The dock also receives coal used by both st. Marys and General Motors and salt used by the Ministry of Transportation and the Region of Durham Works Department for the winter maintenance of roads. In 1987, st. Marys purchased the waterlot containing the existing dock as a minor disposition of Crown Resources by Order-in-Council. At the time, the Company was provided with . . . 3 550 REPORT NO.: PD-7-93 PAGE 3 a five year option to purchase an adjacent water lot for an expansion to the existing dock. 2.2 The Proposed Dock Expansion In 1989, st. Marys Cement announced a 180 million dollar expansion to the Bowmanville plant. The expansion would accommodate an increased production limit from 1,814,000 metric tonnes to 3,000,000 metric tonnes annually (2,000 metric tonnes to 5,000 metric tonnes per day). Apparently, expansion to the docking facility is to be an integral part of the overall expansion plans. In 1989, st. Marys exercised its option with respect to the adjacent waterlot and submitted to the Ministry of Natural Resources, a request for disposition of a Crown Water lot immediately west of the existing dock, allowing for the dock expansion. (See Attachment No.1). The expansion would occupy 32 hectares (79 acres) , accommodating the simultaneous handling of two maximum- f3J:z:~ci......f3~cl\VC\ y ..}:)\ll.Jc c:C\:r-9().. .... c:C\:r-:r-:l~:r-$ and w ou 1 d cll..$() ......P :r-9V:l <i~ additional storage for necessary cargo. 3. THE APPROVALS PROCESS 3.1 There are a number of approvals necessary for the dock expansion, from all levels of government. Although the Ministry of Natural Resources have agreed on a fixed price for the sale of the waterlot, it is contingent on st. Marys Cement receiving the necessary government approvals. The approvals are as follows: ' . Federal Approvals Navigable Waters Protection Act. Environmental Assessment and Review Process (EARP) Fisheries Act . . .4 551 REPORT NO.: PD-7-93 PAGE 4 . Provincial Approvals Lakes and Rivers Improvement Act Public Lands Act . Guidelines for Open Water Disposal Environmental Protection Act ontario Water Resources Act Planning Act 3.2, The Planning Act In 1989, st. Marys applied for a Official Plan and Zoning By- law amendments and site plan approval to recognize the existing dock as well as to permit the expansion of the dock. These applications are still under review by government agencies, although the 1991 Durham Regional Official Plan recognizes both the existing and proposed dock expansion. 3.3 3.4 3.4.1 Federal Navigable Waters Protection Act The Navigable Waters Protection Act, R.S.C. 1985 Chapter N-22 is administered by the Canadian Coast Guard of the Department of Transport. The Act is a Federal statue created to protect t:l1~........P\ll::>l.:tC:.'$ ........:r-:i911t:.. ...t:9 I1Cl.V:tgCl.t::i.()I1l::>Y..... P:r-()l1:i}:)Jt::iI1gt:l1~,l::>ll:il<i:iI1g or placement of any work in navigable waters without Federal Approval. Works wi thin navigable waters that require approval include among other things, a wharf, dock or marina facility. It is for this reason that prompted the preparation of this report in response to the newspaper Notice by st. Marys Cement. Environmental Assessment Review Process (EARP) As of January 1992, the Federal Minister of Transport is required to apply the Environmental Assessment Review Process (EARP) Guidelines Order to all applications under the Navigable Waters Protection Act before approval is granted. . . .5 r~2 J _,' _ REPORT NO.: PD-7-93 PAGE 5 The Guideline Order is intended to ensure that the environmental consequences of the project are understood before authorization is granted. In this regard, a environmental study must be prepared by the proponent detailing a number of issues, such as proj ect justification and description, an evaluation of the existing environment and project-environment interactions, environmental impacts and mitigation and compensation measures. 3.4.2 In accordance with this requirement st. Marys Cement retained a consultant to prepare the appropriate documentation. This report, entitled "st. Marys Cement Bowmanville Dock Expansion Environmental study Report", was prepared by Shoreline Engineering Limited. A summary of the report is provided below: proiect Justification The justification of the dock expansion is tied to the increase in extraction of annual tonnage and the recent plant expansion. The dock will be able to accommodate the s imultaneousdocking'oftwo-maximumsiz ed'seawaybulk carriers as well as provide additional storage for cargo. The report notes that shipping is far more cost effective than other modes of transportation. Project Description The dock expansion will be created by constructing a stone berm around the perimeter of the water lot . A sequence of cells will be constructed from stone within the perimeter of the dock. The stone and earth infill will be supplied from the overburden soil removed from quarry expansion areas. It is estimated to take five years to complete the entire dock, commencing in the spring of 1993. Once complete, it will be necessary to reorganize the layout for the cargo storage area. Sufficient space is also required to construct a landscape berm along the east side of the existing dock to buffer the residents to the east from the activities on the dock. . . .' 6 553 REPORT NO.: PD-7-93 PAGE 6 The report further discusses environment, description assessments and mitigation synopsis is provided below. the many aspects of the existing of interactions and impact and compensation measures. A Fish Habitat As a result of the construction of the dock, a 32 ha (79 acre) fish habitat will be lost. st. Marys will construct an experimental lake trout spawning shoal in compensation for the destruction of fish habitat. Lake trout have not reproduced successfully in Lake ontario since 1950. The creation of an artificial experimental spawning shoal may lead to the natural spawning of lake trout in the future. The report suggests four locations for the spawning shoal, two of which are located in the Town of Newcastle, the others are located in the Township of Hope. The project is subject to the provisions of the Canada Fisheries Act. Fisheries and Oceans and the Ministry of Natural Resources have agreed that the proposed compensation is acceptable. The fish shoal construction and monitoring program will begin in the spring of 1993. wildlife The report identifies a problem associated with an increase in ther ing--b illedgullpopul ation'onmthepresent ... and mmfuture , dock. st. Marys in conjunction with the Canadian Wildlife Service and Provincial Authorities will monitor and control the on- site populations. Coastal Effects Overview Two main issues have been raised as a result of the dock expansion. a) widening of the dock may increase the erosion rate of Cedar Crest Beach There has been claims that the existing dock compromises an eastward littoral drift of sediment and thereby starving beaches to the east. Homeowners fear that they may lose their property to the lake, due to increased erosion. . . . 7 rS4 J , REPORT NO.: PD-7-93 PAGE 7 The report states that numerous studies have been out by consultants to investigate the problem. have concluded that no measurable impacts recession rate to the east can be attributed existing dock. carried Studies on the to the The Report notes that there will be a program in place to monitor the bottom and shorelines in vicinity of the dock to provide a record of changes that are occurring. b) Increase in sediment that may get into cooling water intake pipes of the future Darlington B ontario Hydro is concerned that the dock expansion will increase the amount of sediment that could collect in the Darlington B cooling water intake pipe that will be located within 2 kilometres of the dock area. The Report states little sediment will escape as a result of the construction of the expanded dock. A monitoring program will measure changes in bottom sediment in the vicinity of the dock. However, report notes that monitoring sediment over the intake pipe would be futile given the distance from the dock. Noise, Dust and Visual Impacts The Report notes that residents on Cedar Crest Beach Area may endure noise, dust and visual impacts as a result of the dock construction'~' ... The report-claims due to westward 'expansion"of the dock, the impacts will be minimal because of the distance away from residents. Upon completion of the dock a landscaped berm will be constructed to mitigate any impacts. The report notes that the company will construct a new road, west and parallel to Waverly Road, to facilitate traffic to the dock area, once into the second phase of extraction. Residents in the area will endure some impact necessitated from truck traffic. The, report notes the road systems were part of the overall expansion plans. Water Ouality During construction of the dock the surface drainage will be contained within the closed cells. Runoff from the stockpiles is contained within a central pond and is disposed of through evaporation. This discharge is regulated by the Ministry of Environment. . . .8 5-~ ir:;:.~ J,J REPORT NO.: PD-7-93 PAGE 8 4. AGENCY COMMENTS Although no formal circulation of the application is required by the federal government agency under the NWPA, the Central Lake ontario Conservation Authority had provided a response to the Canadian Coast Guard regarding the dock expansion. 4.1 CLOCA objects to the proposed dock expansion, noting that the report submitted by Shoreline Engineering Ltd. is inadequate in its fundamental identification of environmental concerns associated with the project. CLOCA states the report only identifies a problem with the increased ring-billed gull population. CLOCA suggests that the report fails to identify any impact on the wildlife habitat of the Bowmanville Third Marsh (Rabyhead). This wetland will be effected by the construction of the dock as well as by the ongoing activities on the dock once completed. J:I1J-~~Q,G1:JQGAl1Cl..<ix~g\l~$t:~<it:l1~MJI1:i$t:r-Y():f:NCl.t:\l:r-Cl.l. Resources to have the proponents provide information to address the impacts on this wetland. To date this information has not been received. CLOCA notes the report suggests that the construction of the dock, as well as the increase of activity on the dock and truck traffic to the dock may have an effect on the residents of Cedar Crest Beach. The report fails to address the impact of dock activities and traffic will have on the wildlife habi tat of the West Side Creek Marsh. This wetland is a Provincially Significant Wetland and is host to two bird species of National Interest, the Least Bittern and Black Tern. . . .9 556 REPORT NO.: PD-7-93 PAGE 9 The Conservation Authority notes that the Report prepared by Shoreline Engineering Limited alludes to the possibility of other bulk cargo requirements of the Region may be stored on the dock. CLOCA raises the question as to whether the expansion project is necessitated by the plant expansion or is created to satisfy future regional requirements for a port facility. If this is the case, regional requirements may be met at another location, for example at the Port of Oshawa. 4.2 The Region of Durham Staff contacted the Region of Durham Planning Department with respect to the application under the Navigable Waters Protection Act. The Regional Planning staff have verbally indicated that they will not respond to the application. 5. PUBLIC COMMENT 5.1 Port Darlington community Association The Port Darlington Community Association (PDCA) has :r-~gJ$t:~:r-~<i an ()l::>j~c:::t::i()I1 with the Canadian Coast Guard regarding the proposed dock expansion. In a letter to the Coast Guard (Attachment NO.2) the Communi ty Association claims that they have endured significant impact on their quality of life since st. Marys Cement first settled in the Bowmanville location. The letter states that the quarry operation, processing and manufacturing operations have contributed to dust, noise and increased truck traffic in the area. As well, the construction of the present dock has brought numerous ships to the facility, the stockpiling of goods and materials also have contributed to "wind-carried dust and all night noise associated with unloading of equipment". . . .10 557 REPORT NO.: PD-7-93 PAGE10 The PDCA is most concerned with the increased erosion of the beach areas to the east of the dock, most notably the Cedar Crest Beach Area. The PDCA fear that an increase in the dock's size will increase the magnitude of the erosion problems currently experienced. In addition, future expansion may lead to its recognition as a regional shipping facility, and the possibility of other types of cargo being shipped to and from this facility. The PDCA are concerned that extraction of the Wests ide Creek Marsh is linked to the dock expansion which may be used as a source of fill and quarried stone. 5.2 In addition to its comments on the application under the NWPA, the Community Association has also launched a referral of a portion of the 1991 Region of Durham Official Plan regarding the recognition of the existing and expanded dock areas as a potential commercial docking. The PDCA notes that the C:::lllllll:I.Cl."t::iy~JlllPCl.qt:()tCl.g()llllll~:r-c:::JCl.J<:l()c:::K:iI1g.....:f:.Cl.c::il:i"t: yw:il1....I1()"t: .....lJ~ investigated through the current approval processes. The PDCA believes that the erosion issues and nuisance effects from the existing dock will be exacerbated by the proposed expansion. 6. STAFF COMMENTS 6.1 The report provided by Shoreline Engineering Ltd. has been prepared to satiSfy the requirements of NWPA and the EARP. Staff have reviewed the document with the assistance of Bird and Hale, the Town's consultant for the Waterfront Study. Some issues should be addressed prior to any decision on the proposed dock expansion. . . .11 558 REPORT NO.: PD-7-93 PAGEll 6.2 Cultural Resources The Newcastle Waterfront study, Background Report indicates occurrence of buried First Nation material resources on the applicant's property, to the east and west of Waverly Road. At least one such site reported human remains. Archeological resources are considered to be a matter of provincial interest according to section 2(b) of the Planning Act. Since st. Marys plan to use stone and fill derived from adjacent lands for the dock expansion, the disturbance of the overburden may destroy buried archaeological resources. It is unknown whether st. Marys has undertaken an archaeological reconnaissance of their property, to identify features that may require documentation, excavation or protection. 6.3 Wetlands Third Marsh (Rabvhead 1) The p:r-QPQsed expansionQf the dock .may.. negativelyirnpact the wildlife wi thin the Third Marsh area, as a result of the noise, dust and vibration. This wetland provides habitat for species protected under the Migratory Birds Convention Act, which prohibits adverse impact on certain species during breeding season unless permitted by agreement. Breeding season is from April to October which corresponds to the time where greatest activity would occur for construction of the dock as well as the greatest activity on the dock once completed. . . . 12 559 REPORT NO.: PD-7-93 PAGE 12 Wests ide Creek Marsh Staff agree in principal with the comments made by CLOCA regarding Shoreline Engineering Ltd.'s report omission of any possible impacts on the Wests ide Creek Marsh as a result of the construction of the dock and subsequent activity related to the dock. As it stands now the marsh is licensed for extraction and forms Phase III of the extraction plans, the timing of which in unknown. There still remains the outstanding issue surrounding the two conflicting policy Statements applied to this one single property, the Wetlands Policy Statement and the Mineral Aggregate Resources Policy Statement. MNR is apparently obligated to honour the quarry license which predated both policy statements. 6.4 Fisheries Habitat The construction of lake trout spawning shoals is the compensation package considered under the Fisheries Act. only two of the four shoals are proposed off the shore of Newcastle. However, no documentation is provided to indicate how the four potential shoal locations were identified. Staff wish to provide input into the selection of a suitable site to ensure that the compensation package would benefit Newcastle and that other future plans and activities of the Town related to waterfront improvements are not compromised by a potential spawning area. In addition, it would appear that the proposed spawning shoal is experimental in nature and there should be . . .13 5\6l~ REPORT NO.: PD-7-93 PAGE 13 an exploration of other compensation measures which would have a greater success rate. 6.5 Regional Port Facility 6.5.1 The proiect Justification indicate the enlarged dock will provide storage for cargo integral for company operations as well as "possibly other bulk cargo requirements of the Region." The 1991 Regional Official Plan permits a commercial docking facility at the st. Marys Cement site. Town's comments on the new Regional Official Plan, offered no objection to the commercial docking facility, as it related to the existing, dock. However, the Town has yet to render its decision on the proposed dock expansion despite recognition of such in the 1991 Durham Plan. Staff would provide comment on the proposed expansion area once all government agencies have reviewed the P:r-QPo$a.l. .a.I1clP:r-()viclecl qQlllllleI1t: s . 6.5.2 Waterfront Studies The consultants engaged to prepare the Newcastle Waterfront Study were required to undertake a peer review of the applications submitted by st. Marys Cement. The applications as submitted in 1989, did not indicate any desire on behalf of the applicant to propose a commercial docking facility. A Waterfront Secondary Plan prepared by the City of Oshawa, has recently been completed. The City Council . . .14 561 REPORT NO.: PD-7-93 PAGE14 requested the Region of Durham to undertake appropriate initiatives and investigations to secure an alternative industrial port facility in the Region to accommodate existing and future port related industrial uses from the Oshawa Harbour. The Region of Durham Planning Department has also initiated the Durham Region Waterfront Plan study. The study outline indicates broad framework for the development of the waterfront within the Region but does not give specific attention to a regional harbour facility. However, in comments related to the city of Oshawa Waterfront Plan, the Region indicates that the Durham Waterfront Plan will examine the role of a commercial port facility in the Region and the necessary investigation to secure an alternative port facility. It is obvious that the dock is being considered as a regional commercial docking facility by the Regiona.nd the city of Oshawa although there is no documentation to justify the need, at this time, nor was such a use indicated in the st. Marys Cement application for Official Plan amendment and zoning by-law amendment. staff are concerned that the integrity of both the Town's waterfront plans may be in jeopardy if the issue surrounding a regional commercial dock facility is not resolved. As such, st. Marys Cement should clarify the usage of the dock and provide the necessary justification, all of which should be considered within the context of the Region's and the Town's Waterfront Studies currently in progress. . . .15 562 REPORT NO.: PD-7-93 PAGE15 6.6 Coastal Processes Review of the coastal processes are difficult given that there is no coastal expertise on staff. The application under the NWPA was reviewed by consultants from the Newcastle Waterfront study upon Staff's request. The Town's consultant concluded that the proposed lakefilling measures are considered satisfactory, and will minimize the amounts of sediment entering the adjacent water during the filling operations. Since the lake bottom varies on seasonal basis, it is suggested by our consultants that monitoring results should be at one yea.r intervals on the same date, for three consecutive years. There has been an ongoing concern regarding the effect of the dock on the erosion of the beach areas to the east. Consultants engaged by st. Marys note that existing dock only has had a minor effect on the erosion problems to the east and therefore concluded that the westward dock will have no effect on erosion to the east of the dock. The Lake ontario Shoreline Management Plan prepared by Sandwell Swan Wooster Inc. concluded that the construction of the existing dock has affected the delivery of sediment to the beach east of the dock. It may be in fact that the effects are minor, and confined to an area east of the dock. However, further research maybe necessary to resolve conflicting opinions. . . . 16 563 REPORT NO.: PD-7-93 PAGE16 7. SUMMARY AND CONCLUSIONS 7.1 In reviewing the documentation submitted by st. Marys Cement with respect to the application under the Federal Navigable Waterways Act and the Federal Environmental Assessment Review Process, staff find the supporting documentation to be insufficient. In particular the following items require more detailed consideration: justification of the need and the identification of the type and volume of commercial port activities impact of dock expansion on the Bowmanville Third Marsh (Raby Head) impact of construction of dock and increased port activity on wildlife related to Wests ide Creek Marsh impact of increased port activity on nearby residential areas resolution of, erosion problems which appear to have resulted from the existing dock compensation proposal for the loss of fisheries habitat conservation of archeological resources It is noted that the Ontario Minister of the Environment specifically exempted the dock expansion from the requirements of the Environmental Assessment Act, on the basis that a Federal Environmental Assessment Review Process and other legislation would provide for a thorough review of the matters related to this project. The documentation submitted to date does not, in the opinion of staff, represent a thorough consideration of environmental impacts associated with the dock expansion. 7 . 2 st. Marys Cement is an important industry to the Town. Equally important, however, is the waterfront area as a ...17 564 REPORT NO.: PD-7-93 PAGE17 resource to the entire community, the quality of life for nearby residents and the existing natural environmental resources. In order to secure a stable future for st. Marys Cement and to resolve the many impacts resulting from their proposed and approved expansions, staff believe that the issues should be considered by regulatory agencies and stakeholders in a comprehensive manner. Given the complexity of the issues, of which many are part of the mandate of the federal and provincial governments, it is recommended that the Waterfront Regeneration Trust be requested to assist in the resolution issues surrounding st. Marys Cement Co. operations. 7.3 until such time as the many outstanding issues surrounding the st. Marys Cement Co. operations, and in particular the dock expansion, staff recommend that Council not support the application made under the Navigable Waters Protection Act. Respectfully submitted, Recommended for presentation to the Committee , C': r ()J~~ ~ Franklin Wu, M.C.I.P. Director of Planning and Development CRS*FW*jip *Attach 18 December 1992 Mr. Ken Brant, Supt. Navigable Waters Canadian Coast Guard P.O. Box 1000 Prescott, ontario KOE 1TO Mr. Jean Corbeil Minister of Transport Transport Canada Ottawa, ontario KiA ON5 . . . 18 REPORT NO.: PD-7-93 PAGE18 Mr. J.O. Down, P.Eng. st.' Marys Cement Co. Engineering & Research Dept. R.R. #2, 410 Waverly Road Bowmanville, ontario L1C 3K3 Mr. Dixon Wood st. Marys Cement Co. A Division of st. Marys Cement Corp. 22GO Yonge street Toronto, ontario M5S 2C6 The Honourable David Crombie Waterfront Regeneration Trust 207 Queens Quay West 5th Floor, Box 4111, station A Toronto, ontario M5W 2V4 Ms. Thea Dorsey Willms & Shier 4 King st. West, Ste. 900 Toronto, ontario M5H 3X2 Mrs. Mavis Carlton Port Darlington Community Assoc. , , Bowmanville, ontario L1C 3K3 j V 01- <to o.:J- 0:: lIJlO z_ :JI- ~g (I) Attachment #1 to Report PD-7-93 NOISS3JNOJ l.NOH:I N3>tO~8 o b .-I ..c: (/) ... o ::!: I- 9 ..c: Uo 0(1) (1)... aJ<( -- '" ~.~ ~ ... - 0:: (.)c ... (1) :q: 0:2 j...:: "O(/) ~ (1)(1) c;;. (.)0:: C ~ ~ -.I (\J I- o ...J (0 - 5 ...J I I I ,J ,*" ,*" *" ~ I- 9 - 1~ ) I . ~ c o .Ci) c o 0. )( LaJ ~ U o o "0 (1) (/) o 0. -e a.. " . ATyltc\t NE-NT N lL 2- To P.E:: Po fZ T' PS} 7-<'13 WILLMS & SHIER BARRISTERS & SOLICITORS 4 KING STREET WEST, SUITE 900 TORONTO, ONTARIO M5H 3X2 FAX, 416 863-1938 JOHN R. WILLMS BARRY N, SPIEGEL p, DOUGLAS PETRIE JEFFREY E, STREISFIELD DONNA SK SHIER MIMI N, SINGH THEA M, DORSEY ELISABETH D, CASSAVOY CYNTHIA R,C. SEFTON, COUNSEL 416 863-0711 September 22, 1992, ~~~~OW[@ SEP ~ 5 1992 TOWN OF NEWCASTlE MA YOR'S OFFICE BY FAX to (613) 925-5540 Mr. Ken Brant Supt. Navigable Waters Canadian Coast Guard Regional Office Navigable Waters Protection Office P.O. Box 1000 Prescot~ Ontario K2E IPO [0;., ,)~t(C[Err\~yr~F-~lTh." ll\~~ ~~ ,~ov 20 1992 Dear Sirs: TOWii Of ~hv(ASlU PLANNING OEPARTMENT Re: Application on behalf of St. Mary's Cement for Approval of a Dock Expansion into Lake Ontario, fronting lots 15 and 16, Broken Front €oncession,'fownofNewcastle,'Regional'Municipality-of-f)urham,- Province of Ontario We enclose submissions prepared by the Port Darlington Community Association. The PDCA is an organization composed of members in the Town of Newcastle whose residences are in the area fronting on the lake, in the vicinity of St. Mary's Cement, Bowmanville site. Our clients have strong concerns about the proposal, which essentially is a proposal to establish a regional port facility to service various companies in the RegioIiof Durham. The proponents' stated intention is that it should ultimately replace the Oshawa Harbour as the regional port. The impacts from the proposed dock expansion range from socio-economic impacts, which would include the spin-off effects from development of the area as well as the direct environmental impacts from the dock expansion, and the secondary environmental impacts from the increase in shipping activity, and other types of traffic(rail and road) which may increase as a result. 568 PPtNTl=n flN 1N)(l/. ~:u::rvrll=n DAPI=I=l - 2 - WILLMS & SHIER BARRISTERS &' SOLlCI1ORS To date, the impacts of this proposal have not been addressed in a comprehensive manner; there has been no provincial environmental assessment and these issues have not been addressed in the context of an approved . municipal Official Plan and planning process. Since it is in Lake Ontario, the dock area has heretofore not had any design.ition in the Regional Municipality of Durham or Town of Newcastle Official Plans; neither is it zoned. The cOmmunity in the vicinity of S1. Mary's Cement was established long before the company moved into the area. The impacts from the cqrnpany's operation have continued to increase since the company moved into the area in the 1960's. Since the construction of the existing dock the rate of erosion to the east of the existing dock has significantly increased. Many residents have already lost their waterfront yards, and are in danger of losing their homes if the erosion continues unchecked. The expansion of the dock also threatens the existence of the provincially designated Class 2 wetland, part of which is located on the eastern part of St. Mary's property. By copy of this letter to the Minister of Transport, the PDCA requests that the dock expansion and corresponding application under the Navigable Waters Protection Act be referred to a Panel for a public review to ensure that all impacts of the project are evaluated and addressed in a thorough and fashion. Further, we request copies of any information filed with Transport Canada and the Canadian Coast Guard in connection with this proposal" and the opportunity to make submissions on this material to the appropriate parties. I will contact you shortly to discuss this further. Yours very truly, WILLMS & SHIER .... f7 , /_ 4/N)e~ ) ~~I I/t Thea M. Dorsey TMD:ecs 2150/brant.04 569 PRINTED ON 100% RFC:Vr., Fn PAPI=Q - 3 - WILLMS & SHIER BARRISTERS & SOLlCIIDRS cc: Mr. Jean Corbeil Minister of Transport Tranport Canada Transport Canada Building Ottawa, Ontario K1A ONS cc: Ms. Shelley' Martin Minister of State for Transport Tranport Canada Transport Canada Building Ottawa, Ontario K1A ONS cc: Mr. Robert Kingston Director General Marine Navigation Services 6th Floor. Canada Building 344 Slater Street Ottawa, Ontario K1A ON? cc: Town of Newcastle Attention: Mayor and Members of Council Attention: Planning Department 40 Temperance Street Bowmanville, Ontario L1C 3A6 cc: The Honourable Ruth Grier Minister of the Environment Ministry of the Environment lSth Floor 13S S1. Clair Avenue West Toronto, Ontario M4V 1PS PAINTED ON 100% RECYCLED PAPFR 570 - 4 - WILLMS & SHIER BARRISTERS & SOLICITORS cc: The Honourable David Crombie Royal Commission of the Future of the Toronto Waterfront 207 Queens Quay West 5th Floor P.O. Box 4111 Station "A" Toronto, Ontario M5W 2V4 cc: Regional Municipality of Durham Attention: Chairman and Members of Council Attention: Planning Department Box 623 605 Rossland Road East Whitby, Ontario L1N 6A3 cc: Ontario Ministry of Natural Resources Lindsay District Attention:, Jim Patterson 322 I<.ent Street West Lindsay, Ontario K9V 41'7 cc:, Central Lake Ontario Conservation Authority Attention: Don Wright 100 Whiting Avenue Oshawa, Ontario L1H 31'3 PRINTED ON 100% RECYCLED PAPER 571 .H' J PORT DARLINGTON COMMUNITY ASSOCIATION BOWMANVILLE. ONTARIO ,~~ ! j~~ \ j I ~ \_~~ J ~ ~~ ~~ l(~' i. < ~ fYlItM ""J :'.~ . . . Group 2, SQx 21, RR2 Bowmanville, Ontario L 1 C 3K3 September 16, 1992 BY FAX to (613) 925-5540 Mr. Ken Brant Supt. Navigable Waters Canadian Coast Guard Regional Office . Navigable Waters Protection Office P.O. Box 1000 ' Prescott, Ontario K2E 1 PO Re: Application by 8t.Marys Cement Corporation for approval of a dock expansion into Lake Ontario, fronting lots 15 and 16, Broken Front Concession, Town of Newcastle. Regional Municipality of Durham. Province of Ontario This letter is sent on behalf of the Port Darlington Community Association, a group of concerned residents living along the Lake Ontario shoreline, east of the 81. Marys Cement Company's Bowmanville site. We are hereby registering our objection to the 81. Marys' proposed dock expansion and requesNhe Minister of Transport to refer the St. Marys' application to the Minister of the Environment for a public review by a Panel. We have studied the document entitled 8t. Marys Cement Company Bowmanville Dock Expansion Environmental Study Report prepared by Shoreline Engineering Ltd., dated August 1992, and find information contained in it misleading and inaccurate. Our specific comments on this report are attached as Attachment A. 572 - 2 - Since the late 1960's when the St. Marys Cement Company first began its Bowmanville facility, our community has endured ever increasing difficulties arising from the company's quarrying, aggregate processing, manufacturing operations and the building of a dock and its operation. Attempts made by the neighbours to have the company mitigate the negative impacts have been frustrated by St. Marys Cement Company. The families living on Cedarcrest and at the Cove, who were on the land prior to St. . Marys 'setting up shop', remember the early years. In the late sixties there was some blasting and a slight sCarring of the landscape as we looked to the west. In the seventies there was the construction of the present wharf and the introduction of lakeboats to bring in supplies for the plant. This was the beginning of wind-carried dust and all-night noise associated with unloading equipment. Growth of the plant led to more blasting. ' ". The eighties has seen the dock become a storage place for great piles of coal, salt and gypsum. The dock usage extended to cover industries other than St. Marys and its materials. The noise and dust increased and the sea gulls found a natural breeding spot on the dock. settling... pond... ......Aswell,Jn.the eighties,. the Canada Building Materialsplantwas established which was the beginning of traffic safety concerns on Waverley Road. The addition of the rock crusher on this site became a contributor to night long noise and a further generator of clouds of dust. By this time, erosion of the Cedarcrest shoreline prompted by the St. Marys' dock became entrenched. Our history with St. Marys as a neighbour has been one where each succeeding year brought greater amounts of unfavourable impact on our quality of life. What is most bothersome to us is that these things have happened with no prior warning, with no consultation, and with no regard for the residents living in the vicinity and along the lakefront. ... The new plant and dock, having new technology and being over twice the size of the present one, will increase the magnitude <:;>f today's problems and also present new ones. For example, we're particularly concerned about disposal of the new type kiln dust considered by some communities to be a hazardous waste and also its potential for ground water contamination and loss of wildlife and vegetation. We're concerned about accelerated erosion of the shoreline where a number of homes show increased un ermining of their properties. We're concerned that as St. Marys' quarrying advances at higher rates and in closer proximity to our community, our wells will go dry. f--7~ J -, - 3 - We're concerned about other types of commodities that may be stored on the expanded dock and we're concerned about Mure plans to create a deep water harbour. In 1989, St. Marys Cement Company sought zoning approval for the existing dock it had built, as well as for an expansion to it. Recognition also was' sought for these structures in the Region of Durham Official Plan. As we believed that the ,municipdl planning processes were inadequate in protecting the environment, our association requested that the Ontario Minister of the Environment designate the dock expansion for an Environmental Assessment under the Environmental Assessment Act. In February 1992, the Honourable Ruth Grier, Ontario Minister of the Environment, made a decision not to require an environmental assessment of S1. Marys proposed dock expansion, in the belief that the outstanding concerns could be addressed through other legislation which applies to the undertaking. We believe this is based on a conclusion drawn by the Honourable David Crombie (Royal Commission on the Future, of the Greater Toronto Waterfront) in his letter to the Honourable Ruth Grier, January 28, 1992 which states: "We conclude that a Provincial Environmental Assessment of the proposed dock expansion is not necessary because the potential environmental issues can be addressed through the existing review and approvals process, particularly the Federal Environmental Assessment and Review process, the Environmental Protection Act, the Planning Act, and the Lakes and Rivers Improvement Act. It You need to know that there is little, if any, meaningful dialogue taking place. We objecttothe-referencesih....the...Ddck.EXpahsioh..ErivironmeritarRep6ffleadiiig'One'.'fO .... believe that our concerns are being addressed. It simply is not happening - we are being ignored. This is illustrated by the following: · At a 1986 meeting of the Cedarcrest Ratepayers Association, S1. Marys told the group that their concerns for dust generation at the C.B.M. plant were unfounded, and that the noise level cannot be considered excessive. · On October 18, 1989, S1. Marys Cement convened an Open House. Technical consUltants and S1. Marys' staff attended. Some consultants advised that their attendance at the Open House was their first day on the job. These consultants did not say what their terms of reference would be. Their planning consultant (not a new consultant to S1. Marys since he had attended the previous September 27 meeting) is reported to have counselled some of the residents to withdraw support. He said that the mission of the Port Darlington Community Association in challenging the S1. Marys' expansion to an Environmental Assessment would be costly and futile. 574 - 4 - · Mr. Jack Jones of Shoreline Engineering (a consultant already retained by St. Marys at the time of the Town's meeting of September 27, 1989), arranged appointments to discuss beach erosion with individual residents of Cedarcrest and the Cove for November 1989. Because the early interviews took longer than expected, a number of interviews did not occur at the appointed times. Mr. Jones advised he would phone the next week to re-schedule the missed interviews. This never happened. As you consider our objections, we believe it will be helpful for you to know the following: Severe shoreline erosion is damaging property and threatening lakefront homes on the east side of the St. Marys Cement existing dock. Prior to the construction of the dock there was an expansive beach which had been relatively stable for many, many years. Consultants (Sandwell, Swan and Wooster Inc., who prepared a study entitled "Lake Ontario Shoreline Management Plan") report that the present dock is a barrier to sediment drift, causing this particular section of the beach to be starved of nourishment. (Copies of two relevant excerpts from the report are attached). Studies Or) coastal changes to the west of the dock show significant increases in the lake, bottom and this supports the theory that the natural sediment flow from west to east is being trapped on the west side of the dock. An expanded dock will further aggravate the erosion since plans call for it protruding....asabarrierevenfurtherintdl:.:akeOntaritfand......ha.vingamUcffIOnger base which will eliminate more of the natural shoreline. We believe that St. Marys Cement Company has become defensive about the impact that the dock is having on the shoreline changes that are occurring. The company maintains that the dock is not responsible. It is our belief that the shoreline processes to the east of the dock were studied. St. Marys Cement Company has not commented on this and did not include details in their Application to the Ontario Ministry of Natural Resources for Disposition of a Crown Waterlot (1989) or in their Supplemental Submission (f990). However, independent studies are required, in the event that shoreline processes to the east of the dock have not been studied. Our local Town of Newcastle Council has been somewhat sympathetic to our concerns, but has great difficulty in dealing with one of its largest taxpayers and employers. ' The continued existence of a community is at stake. The project should not proceed until adequate enviror .melltal safeguar ds af e a~~ur ed alld, to date, thi~ has not been done. ,-- "'7 /- ') I ~1 - 5 - Other issues at hand go beyond the dock. As an example: St. Marys Cement Company plans to quarry the Westside Creek Marsh, which carries a provincial Class 2 Wetlaild designation, and is a habitat recommended. for protection by the Royal Commission on the Greater Toronto Waterfront in their Reports. Due to the geographic relationship of this marsh to Cedarcrest Beach and The Cove, the viability of nearly 100 h0mes in these areas is at risk. We are concerned that the loss of the Westside Creek Marsh may be linked directly to the construction of the expanded wharf. This scenario would involve using overburden and quarried stone 'from the Westside Creek Marsh area for construction of the wharf. We are convinced that the involvement of senior government is called for. Therefore, we ask you to respond to our objection accordingly. Yours very truly, PORT DARLINGTON COMMUNITY ASSOCIATION !i tI ~ ud/a/}/7lJ Mavis Carlton President cc: Mr. Jean Corbeil Tranport Canada Transport Canada Building Ottawa, Ontario K1 A ON5 cc: Ms. Shelley Martin Minister of State for Transport Tranport Canada Transport Canada Building Ottawa, Ontario K1 A ON5 cc: Mr. Robert Kingston Director General Marine Navigation Services 6th Floor Canada Building 344 Slater Street K1 A ON? - 6 - cc: Town of Newcastle Attention: Mayor and Members of Council Attention: Planning Department 40 Temperance Street Bowmanville, Ontario L1C 3A6 cc: The Honourable Ruth Grier Ministry of the Environment 135 S1. Clair Avenue West, 15th floor Toronto, Ontario M4V 1 P5 cc: The Honourable David Crombie Royal Commission of the Future of the Toronto Waterfront 207 Queens Quay West 5th Floor P.O. Box 4111 Station "A" . Toronto, Onta~io M5W 2V4 cc: Regional Municipality of Durham , 'Attention:6hairmanandMembers of Council Attention: Planning Department Box 623 605 Rossland Road East Whitby, Ontario L1 N 6A3 cc: Ontario Ministry of Natural Resources Undsay District Attention: Jim Patterson 322 Kent Street West Undsay, Ontario K9V 4T7 cc: Central Lake Ontario Conservation Authority Attention: Don Wright 100 Avenue L 1 H 3T3 577 ATTACHMENT A APPUCATION BY ST. MARYS CEMENT CORPORATION FOR APPROVAL OF A DOCK EXPANSION IN LAKE ONTARIO FRONTING LOTS 15 AND 16, BROKEN FRONT CONCESSION TOWN OF NEWCASTLE, REGIONAL MUNICIPAUTY OF DURHAM PROVINCE OF ONTARIO Inaccurate and misleading information contained in St. Ma~s Cement Company Bowmanville Plant Expansion Environmental Report prepared by Shoreline Engineering Ltd. dated August 1992. · The Cedarcrest community is not located over. I km east of the dock as reported on page 9. Residences at the west end of Cedarcrest Beach are within 300 metres of the existing dock. · Most of the residents' concerns raised at the September 27, 1989 public meeting still remain unresolved. (page ii). · Professor Kamphuis reported in St. Marys' Supplemental Submission to the Ontario Ministry of Natural Resources (February 1990) that "Since the existing structure is a complete littoral barrier, the westerly widening of the existing structure will have no effect on the erosion to the east." In other words, Mr. Kamphuis was saying that whatever contribution to erosion would occur had already been created by the existing dock (page ii). · EfosioncaUsed....t5ylheexistingdoclfisClealfWitn,OflpagesIii: 18, ana 20 of the Environmental Study Report. We disagree with the conclusion that the existing dock does not have a significant impact on erosion on Cedarcrest Beach. This is based on the information shared by Jack Jones (Shoreline Engineering) and Bill Kamphuis (J.W. Kamphuis Associates) at the May 23, 1991 public meeting. At that meeting no detailed studies were provided, but the following three arguments were put forward by Kamphuis to convince the residents that the existing dock had not had an imp'act on the devastating erosion taking place. - ThEl first argument was that erosion has occurred on the north side of Lake Ontario for 10,000 years, so it is not new. We accept that as fact, but, our concern is that the dock considerably increased the rate of erosion. Those residents who have owned their properties for 70 years recall a stable beach until the existing dock was built. - The second argument was that an analysis of aerial photographs taken at three different times did not reveal that the dock had had any negative impact on erosion to the east. 578 The aerial photographs used were dated 1931 (45 years before the dock), 1971 (five years before the dock), and 1989 (12 years after the dock was constructed). It was pointed out tha~ this analysis showed: (a) the shoreline recession rate has been greater by 2-1/2 times since the dock was built than it was before over a four km extent of shore extending two 2 km west of the dock to two km east of the dock. (2) (b) the shoreline recession rate to the west of the dock since its construction has been greater than the recession rate to the east of the dock as below: Recessions Rates (m/yr.) Location 1931-71 1971-89 West of Dock .12 .55 East of Dock .30 .45 Further, the recession to the East has increased by 50 percent since the dock was constructed. It was propos~d that since the erosion had been greater to the west, a thesis could be supported that the dock did not contribute to the erosion on the east. However, no details of the analysis were shared and the investigation was cursory. No consideration was made of the possibility t~at the dock may have accelerated erosion in both directions. No consideration was cgivenc to the building of the DarlingtonNu clear Generating Plant immediately to the west of 8t. Marys Cement Company lands during this same period and which also modified the shoreline. As well, no consideration was given to the diversion by 8t. Marys Cement of the Darlington Creek. This creek flows into Lake Ontario, a short distance to the west of the existing dock. . - The third argument was hypothetical. It suggested that there may be a point 1000 metres east of the dock where the direction of sediment transport is from the east to the west. If this is the case, then the construction of the dock had no influeilce on erosion along Cedarcrest Beach. Upon questioning about the theory it became apparent that the facts presented by Mr. Kamphuis did not in fact support this hypothesis. Neither 8t. Marys Cement, nor their consultants, have responded to the pitfalls which the residents raised in connection with the three arguments put forth at that meeting. · Page 10 states that the existing dock has little impact on water quality. The existing dock has attracted a large number of gulls. These gulls nest on the dock and their 579 , (3) contributed to the fouling of the Bowmanville waterfront and the closing of the beach to swimming. A larger. dock means more gulls. · Quarry Transportation is dealt with in a chart on page 14. The dock expansion is only 800 metres to the closest residence on Cedarcrest Beach and not over 1 km as reported. Further, if the Westside Creek Marsh is the source of any construction materials, then transport could be as close as 200 metrea to the homes on Cedarcrest. . · We are not aware of any approval in principle given by the Ontario Ministry of the Environment as indicated on page iv. Nor is there any substantiation given for this claim. The Ontario Minister of the Environ'ment decided not to require an Environmental Assessment on the dock expansion in the belief that the outstanding concerns could be addressed through other legislation applying to the undertaking. A proposed buffer mound is discussed on pages iv, 5, 15 and 21 of the Report and it is suggested that this will mitigate the visual impact of the dock as well as the noise and the dust. Our understanding is that the mound is planned to be 5 metres high, or about 16 feet. Stockpiles of aggregate situated on the dock are as high as 60 feet while the storage silos and ship loading system approach 200 feet high. Accord!ngly, any mitigation.of the visual, noise and dust impact will be minimal since t~e bufferin'g mound is so low in height in relation to what it is to screen. · Page 19 suggests that the visual impact, the noise, and the dust affect only ., u., , ., , , .. - ,GeclarcrestBeach;Thecommunitiescofthe60ve;thecWestBeachand'1hecEastcc=c===c== Beach as well feel significant impacts. The visual impact extends well beyond these areas. Page 10 suggests the expanded dock will not add to the existing problems of noise and dust. We believe that the increased dock area will allow more bulk storage, hence more handling, creating more noise and more dust. The Environmental Study Report shows the annual tonnage to be handled will increase from 119,000 to 1,027,000 without any allowances for salt or other non-S1. Marys Cement materials. 580 Lake Ontario Shoreline Management Plan De~ember, 1990 Page 26 6.0 RELEVANT COASTAL PROCESSES (Cont'd) 6.3.2 Potential AlonQshore Sediment Transport Potential alongshore sediment transport rates were calculated using the in-house numerical model, SGATRAN. (See Appendix F). This model takes an annualized deep-water scatter diagram and calculates the yearly sediment transport in each direction across a profile. The model combines the results of wave transformation calculations using energy saturation with a bulk sedimenttransport predictor and then redistributes the sediment transport rate across the surf zone according to the Fulford distribution. For each selected sediment profile site in the study area, a modified deep-water scatter diagram was constructed from the MNR hindcast database. These modified scatter diagrams used a 16 point compass and weighted average values of the two adjacent existing deep-water MNR hindcast sites. It was felt that this modified scatter diagram better reflected the total energy at each site and gave a smoother distribution of deep-water wave energy by direction. Seve'nteen profiles were selected for investigation as shown in Figure 6.3. The profiles were selected in locations, and at particular distances apart, to be representative of all 66 reaches identified in the project shoreline. For example, profiles were selected to represent both bluff-type and beach-type shorelines are presented in Appendix I. A review of the sediment transport results indicates that the net direction of alongshore drift is from west to east. The net potential transport rates vary significantly along the shoreline and are largely dependent upon shoreline' orientation. At the east end of the study area approaching Popham Bay, potential transport rates are significantly less than elsewhere along the shoreline. This is understandable because the area is protected by a number of shoals and the wave heights are therefore reduced. Potential transport rates east of Presqu'i1e and within Weller's Bay are similarly reduced. The width of the surf zone varies from 500 metres to 1500 metres with peak potential transport rates occurring anywhere from 100 to 500 metres from the shoreline. This information is particularly relevant when designing structures ge 0 e cross-s ore distribution of transport rates can be used to ensure that downstream shorelines are not starved of littoral drift. (See Appendix I) 5 B 1 .- 1 J IT IT ] ] ] ] [] E m ---~,---"'--- -~"""'~,,----""-'"--~ \ I f ~ ~ ! Q Lake Ontario Shoreline Management Plan December, 1990 Page 67 TABLE 10.1 - GENERAL RECOMMENDATIONS REGARDING SHORE PROTECTION I Reach No. t COMMENTS I 5 I Protection of these bluffs should not adversely affect Damage Centre C1. 7 Should be left in their natural state. 8,9, 10 Protection of bluffs should not adversely affect adjacent shorelines including Damage Centre C2 which is in a low lying area inappropriate for houses. 12 Should be left in their natural state. 13 Avoid further protection as this may adversely affect McLaughlin Bay. 15 Protection would not be detrimental to adjacent shorelines as it is at the downdrift end of littoral cell PLSC 1. 17 Damage Centre C4 is a good candidate for beach nourishment. The beach is starved by St. Mary's Cement pier. 19,21 protection of these reaches may starve 18 and 20 of valuable sediment sources. 24 If a residential development occurs in the future, some consideration should be given to including a waterfront park which would provide an additional buffer beyond the set-back. Hard protection would then be avoided. _m ... ..26 ;;;;;. ;; ; BlUffs' 5e left in leir OUI state. 27, 29, 30 Bluffs should be left in their natural state. 31 This reach is characterized by low lying flood prone lands and it is therefore not suitable for development. In the long term, the Authority may wish to aquire those properties and utilize the area as some form of parkland. 32 This shoreline is zoned for future development. If a residential development occurs in the future, some consideration should be given to including a waterfront park which would provide an additional buffer beyond the set-back. .... Hard protection would then be avoided. 33 This reach is characterized by low lying flood prone lands and it is therefore not suitable for development. In the long term, the Authority may wish to acquire those properties and utilize the area as some form of parkland. 34 The sediment source within this littoral subcell is largely riverine. As a result, protection of Reach 34 should not have a serious detrimental effect on Reach 35 and Damage Centre G6. 582