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HomeMy WebLinkAboutPDS-078-26Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Special Council Date of Meeting: August 19, 2026 Report Number: PDS-078-26 Authored By: Darryl Lyons, Deputy CAO, Planning and Infrastructure Submitted By: Darryl Lyons, Deputy CAO, Planning and Infrastructure Reviewed By: Mary-Anne Dempster, CAO By-law Number: File Numbers: Report Subject: Resolution Number: C-237-26 COPA-2026-0004 (x-ref ZBA2022-0026, and SC-2022-0015) Applications for an Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision to Remove a Wetland Feature to Facilitate the Proposed Development within the Brookhill Neighbourhood Secondary Plan Area Recommendations: 1.That Report PDS-078-26, and any related delegations or communication items, be received; 2.That the Official Plan Amendments attached to Report PDS-078-26, as Attachment 1 be approved; and, 3.That all interested parties and any delegations be advised of Council’s decision . Municipality of Clarington Page 2 Report PDS-078-26 Report Overview d agreements to the Municipality’s Clarington’s retained technical expert, Aquafor Council’s urrent wetland’s Municipality of Clarington Page 3 Report PDS-078-26 compensation study and Implementation plan to be completed. Once the future Compensation Report and Implementation Plan is approved by the Deputy CAO, Planning and Infrastructure with appropriate securities in place, only then can the subject wetland feature be removed. Municipality of Clarington Page 4 Report PDS-078-26 1. Application Details 1.1 Owner: Tribute Tercot Brookhill 2 Inc. 1.2 Applicant: Biglieri Group Ltd. 1.3 Proposal: Clarington Official Plan Amendment The Official Plan Amendment application proposes to introduce a site-specific amendment for the removal of an identified natural heritage feature (wetland feature) in order to facilitate the proposed development. It also introduces policies for natural heritage feature removal and compensation which would be specific to this application. Brookhill Neighbourhood Secondary Plan Amendment The Brookhill Neighbourhood Secondary Plan Amendment proposes to amend the Environmental Constraints Overlay by adding a site-specific policy which will allow for the removal of a wetland feature if supported by an Environmental Impact Study. It also introduces ecological compensation policies for consideration. The applicant has also submitted applications for Zoning By-law 84-63 Amendment and an application for Draft Plan of Subdivision for the subject lands. The Zoning By-law amendment will be presented to Council for approval in the future and would be informed by the decision on this Official Plan Amendment. The Plan of Subdivision process is delegated to the Deputy CAO, Planning and Infrastructure for approval. 1.4 Area: 11.15 hectares (27.5 acres) 1.5 Location: 2499 Nash Road, 2538 and 2494 Bowmanville Avenue in Bowmanville (see Figure 1) 1.6 Roll Numbers: 1817-010-030-00500, 1817-010-030-00600, 1817-010-030-00700 Municipality of Clarington Page 5 Report PDS-078-26 Figure 1 – Proposed Residential Concept Plan 2. Background History of Applications 2.1 On December 12, 2022, Tribute Tercot Brookhill 2 Inc. submitted applications for a draft plan of subdivision and rezoning to permit the development of 285 residential units consisting of singles, semis, street townhouse and stacked townhouses. The subject lands are located within the Brookhill Neighbourhood Secondary Plan Area (Figure 1). 2.2 A public meeting was held on January 20, 2025, for the draft plan of subdivision and rezoning applications. Municipality of Clarington Page 6 Report PDS-078-26 2.3 Through the review of the applications, Clarington Staff identified that the proposal did not conform to the Clarington Official Plan which requires protection of wetland features greater than 0.5ha in size. The submitted Environmental Impact Study identified a Red - osier Dogwood Thicket Swamp Type community totaling 0.87 ha in size (SWT2-5 classification). 2.4 An Official Plan Amendment application was received for both the Clarington Official Plan and Brookhill Neighbourhood Secondary Plan on February 10, 2026. A Public Meeting was held on April 20, 2026, for the Official Plan Amendment application. 2.5 Tribute Tercot Brookhill 2 Inc. is also now proposing a secondary school on the lands in the northeast corner of the development east of Street C and north of Street A. 2.6 Since the second Public Meeting, Staff have had several meetings with the applicant to explore the technical review of the wetland, compensation plan criteria and discuss the applicants’ proposed sites for the offsetting. On May 13, 2026, the applicant submitted a Technical Memo and supporting Restoration Plan proposal for Staff and Central Lake Ontario Conservation Authority (CLOCA) to review. Staff also obtained Aquafor Beech Ltd. to peer review the supporting information and provide comments. A summary of the peer review comments is provided in the discussion of this report. 3. Land Use Characteristics and Surrounding Uses 3.1 The subject lands are located on the west side of Bowmanville Avenue and south of Nash Road in the Bowmanville Urban Area. The lands are currently vacant with identified natural heritage features and portions of the site are also used for agricultural purposes. The subject application comprises three parcels of land which have frontage on Nash Road and Bowmanville Avenue; however, a segment of Nash Road is proposed to be removed after Clarington Boulevard is extended north to Nash Road (Concession 3). 3.2 The surrounding uses are as follows: North: Nash Road, a single detached dwelling and the Bowmanville Creek. East: Bowmanville Avenue and vacant agricultural lands. Applications have been submitted by Tribute Tercot Brookhill 1 Inc. for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision for the lands east of Bowmanville Avenue. The Official Plan and Zoning By-law Amendments have been approved. South: Single detached dwellings on large lots and agricultural lands. Longworth Avenue is proposed to be extended from Bowmanville Avenue to Green Road. West: Predominantly vacant agricultural lands proposed for redevelopment to residential uses. Municipality of Clarington Page 7 Report PDS-078-26 4. Provincial Policy Provincial Planning Statement (PPS 2024) 4.1 The Provincial Planning Statement, 2024 (PPS) encourages planning authorities to create healthy, livable, and safe communities by accommodating an appropriate range and mix of housing types, including affordable housing and shall promote development patterns that efficiently use land and infrastructure. 4.2 The PPS policies direct growth to settlement areas and promote compact development forms. The subject lands are located within the Bowmanville Urban Settlement boundary. Planning authorities are to facilitate a variety of housing forms and promote resident ial intensification to achieve efficient development patterns, especially along public transit and active transportation routes. 4.3 Section 4.1 of the PPS directs that natural features and areas shall be protected for the long term. Natural heritage features and areas is defined as: “means features and areas, including significant wetlands, significant coastal wetlands, other coastal wetlands in Ecoregions 5E, 6E and 7E, fish habitat, significant woodlands and significant valleylands in Ecoregions 6E and 7E (excluding islands in Lake Huron and the St. Marys River), habitat of endangered species and threatened species, significant wildlife habitat, and significant areas of natural and scientific interest, which are important for their environmental and social values as a legacy of the natural landscapes of an area. 4.4 The PPS provides a higher standard of protection for provincially significant features and enables municipalities to determine the appropriate level of protection for regionally significant and local features such as the wetland subject to this application and as such, a decision to enable compensation for this locally significant wetland feature is consistent with the PPS. 4.5 Compensation frameworks have also been developed by other agencies such as Lake Simcoe Region Conservation Authority and Aquafor Beech Ltd has provided staff with guidelines and advice regarding what should be included in a compensation plan for this matter. CLOCA has also advised that they would actively participate and support development of the compensation plan. 5. Official Plans Durham Region Official Plan (Envision Durham) 5.1 Envision Durham provides a long-term policy framework that is used to manage Durham Region’s growth and development. The intent of Envision Durham is to manage resources, direct growth and establish a basis for providing Regional services in an efficient and effective manner. Municipality of Clarington Page 8 Report PDS-078-26 5.2 The Durham Region Official Plan (Envision Durham) designates the subject lands as “Community Areas.” Community Areas are to be planned for a variety of housing types, sizes, and tenures, including townhouse dwellings. These areas can also include population-serving uses and shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas. 5.3 Envision Durham has not identified the subject wetland as part of the mapped Major Open Space System. Envision Durham policies rely of the local municipalities regarding the Natural Heritage System. Similar to the Clarington Official Plan, Envision Durham prohibits development within natural heritage features. 5.4 Since January 1, 2025 Envision Durham was deemed to be an Official Plan of Clarington by the Minister. The Official Plan Amendment needs to amend Envision Durham, the Clarington Official Plan and the Brookhill Neighbourhood Secondary Plan to introduce the site-specific compensation approach. This duplication of policy writing will need to continue until the Clarington’s Official Plan review process is complete and there is a single Official Plan. Municipality of Clarington Official Plan (COP) 5.5 The Clarington Official Plan designates the site Urban Residential and is within the Bowmanville Urban Area. A variety of densities, tenure and housing types are encouraged, generally up to six storeys in height along Local Corridors and up to three storeys internal to neighbourhoods. Detached dwellings, semi-detached dwellings, and townhouses are also permitted. 5.6 The subject wetland is not shown on Map D ‘Natural Heritage System’ of the Clarington Official Plan however policy (3.4.3 and 3.4.12) requires their evaluation. Wetlands included in the natural heritage system are at least 0.5 hectares in size as per the wetland definition in the Clarington Official Plan. They also require a minimum 30 metre vegetation buffer or minimum vegetation protection zone (MVPZ). 5.7 An Environmental Impact Study (EIS) was prepared by SLR Consulting Ltd. (formerly Palmer), given the natural heritage features identified on the subject site. The EIS was prepared to evaluate the significance of the features and demonstrate conformity with Clarington’s Official Plan policies. 5.8 The Municipality retained Aquafor Beech Ltd (Aquafor) to conduct a peer review of the EIS and Hydrological Report given that the identified environmental featu res on the property are proposed to be removed. Through the review, it was determined that the wetland community (SWT2-5), located on the southwest portion of the subject lands, meets the definition of a wetland as per Clarington’s Official Plan. The propo sed applications are not in conformity with the Clarington Official Plan and therefore a site - specific Official Plan Amendment was submitted. Municipality of Clarington Page 9 Report PDS-078-26 Brookhill Neighbourhood Secondary Plan 5.9 Within the updated Brookhill Neighbourhood Secondary Plan (BNSP), the subject lands are designated ‘Low Density Residential’, ‘Medium Density Residential’, and ‘Medium Density Local Corridor’. A Parkette and elementary school symbol are also shown on Land Use Schedule A, as well as an Environmental Constraint overlay. A trail is also proposed to the north of the subject lands, on the south side of the Bowmanville Creek valley. 5.10 Schedule A includes an Environmental Constraint overlay on the subject lands. The associated policies within Section 11.9 of the BNSP state: “The areas with an Environmental Constraints Overlay as shown on Schedule A have been identified as having the potential for environmental significance and the underlying designation cannot be achieved until an EIS has been prepared and the limits of the NHS confirmed to the satisfaction of the Municipality and the Central Lake Ontario Conservation Authority (CLOCA). The presence and precise delineation of these features and areas and the level of development acceptable shall be determined through an EIS prepared to the satisfaction of the Municipality and the Central Lake Ontario Conservation Authority (CLOCA), as jurisdictionally appropriate, as part of the review of deve lopment applications in accordance with the policies of the Clarington Official Plan. If the study establishes that development can proceed, then the underlying designation shall apply over those lands. Further, it may be determined that only a portion o f the lands within the Environmental overlay may be available for development.” Municipality of Clarington Page 10 Report PDS-078-26 Schedule A of the BHSP Municipality of Clarington Page 11 Report PDS-078-26 At the time of developing the Environmental Protection Area (EPA) designation, typically through aerial interpretation and other sources of information available, the precise limits of the features in this particular area where not known. The features appear to be a patch which is fragmented from the greater natural heritage system and needed further evaluation before determining if it should be included in the EPA designation. Further study was required before development can proceed with the underlying designations. A study was completed to evaluate such significance, and it was found that the wetland feature meets the Clarington Official Plan definition of a wetland. The policies in the BNSP indicate that the policies of the Clarington Official Plan are still applicable should such feature meet the criteria for protection. 5.11 The applicant has proposed an Amendment to the Secondary Plan policies to enable the removal of the wetland and introduce compensation policies within the Brookhill Neighbourhood Secondary Plan for this specific site. 6. Public Notice and Submissions 6.1 Two Public Meetings were held for this development proposal. One on January 20, 2025, and one on April 20, 2026. The first public meeting was held for the proposed Zoning By-law Amendment, and the second meeting was for the Official Plan Amendment, which was submitted after the initial applications were made. Public Notice was given in accordance with the Planning Act including being sent to the interested parties. 6.2 Two public meeting signs were installed on the subject lands, fronting Bowmanville Avenue and Nash Road. Details of the proposed application were also posted on the Municipality’s website, and in the Clarington Connected e -newsletter. 6.3 As of writing this report, staff have received 20 public submissions concerning the proposed development, four of which were related to the proposed natural heritage removal, and three members of the public came out to express their concerns at the Public Meetings. The following concerns have been raised regarding the proposed development: a) Transportation impacts including: o Traffic Impact Study should look at all developments within the area comprehensively; o Traffic impacts with the realignment of Longworth Avenue; o Concern with limited sight lines on Bowmanville Ave at the intersection of Street A; o Concerned with the Nash Road realignment. Municipality of Clarington Page 12 Report PDS-078-26 Environmental impacts including: o Concern with removal of the NHS to allow for development; o Concern with roads bisecting wetland features; o Not supportive of wetland removal as there is a need to preserve our sensitive environment and needs to be protected; o Protection of wildlife and environmental features; o Not supportive of compensation policies; o Concerns with ground water impacts; o Concerned with loss of habitat, especially for the wild turkeys. b) Ensure pedestrian and cycle connections are provided along Bowmanville Avenue and Longworth Avenue; c) Erosion of Bowmanville’s small-town character and charm, as well as loss of greenspace and farmland; d) Impacts on local infrastructure and public services; e) Concern with building communities with subdivision patterns that are neither sustainable nor conducive to healthy and walkable; and f) Potential well interference that could impact existing residents; 7. Department and Agency Comments 7.1 Various agencies and internal departments were circulated for comments on the applications. Attachment 2 to this report is a chart which provides the list of circulated parties. Of particular importance for this Official Plan Amendment are CLOCA’s comments. A further discussion of CLOCA’s comments can be found in Section 9 of this report. 8. Summary of Background Studies 8.1 The following studies have been submitted in support of the Official Plan Amendment, zoning by-law amendment and draft plan of subdivision applications. Municipality of Clarington Page 13 Report PDS-078-26  Urban Design Brief, Biglieri Group, December 2022  Sustainability Report, GHD, December 2022  Functional Servicing and Stormwater Management Report, David Schaeffer Engineering Ltd., December 2022  Landscape Analysis Brief, Biglieri Group, December 2022  Traffic Impact Study, TYLin, December 2022  Phase One Environmental Site Assessment (ESA), Soil Engineers Ltd., September 2021  Phase Two Environmental Site Assessment (ESA), Soil Engineers Ltd., October 2021, and  Stage 1 & 2 Archaeological Assessment, Parslow Heritage Consultancy Inc., November 2019.  Technical Memorandum (Compensation) SLR Consulting, May 13, 2026  Technical Memorandum (Hydrology) SLR Consulting, August 7, 2026 8.2 The following studies, of particular importance to the Official Plan Amendment (removal of the wetland) are summarized as follows: Planning Rationale Report, Biglieri Group, December 2022, revised February 2026 and April 2026 8.3 The Planning Rationale Report submitted in December 2022 was prepared in support of the applications for a Zoning By-law Amendment and Draft Plan of Subdivision to develop approximately 11.15 hectares of agricultural land into a residential community. 8.4 The Rationale Report was revised in February 2026 and April 2026 to focus on the proposed Official Plan Amendment to permit the removal and compensation of the wetland feature identified on the subject lands. The report claims that the 0.69 ha SWT2- 5 wetland located on the subject lands (the full area of the feature is approximately 0.87 hectares) can be removed because it is isolated, has limited ecological and hydrological function, and is not part of the identified Natural Heritage System. Municipality of Clarington Page 14 Report PDS-078-26 8.5 The report proposes a site-specific Official Plan Amendment allowing ecological compensation and wetland replacement (minimum 1:1 ratio) and explains that retaining the wetland would significantly affect the planned road network, including Clarington Boulevard and internal collector roads, as well as reduce the development potential envisioned by the Brookhill Secondary Plan. Overall, the 2026 report builds on the planning rationale established in 2022 by providing the environmental, policy, and compensation justification needed to facilitate development of the site as originally proposed. 8.6 The April 2026 report was revised to include a site-specific Official Plan Amendment and Secondary Plan Amendment and a site-specific compensation policy. Environmental Impact Study, SLR (formerly Palmer), November 2022, Revised Sept 2025 8.7 The Environmental Impact Study (EIS) submitted in support of the proposal undertook a field investigation of features on the subject lands. The features include a woodlot, thickets and wetlands. The report recommends removal of all identified natural heritage features on the subject lands given that no species at risk habitats were identified on the site, although some species such as Barn Swallow, Eastern Meadowlark, and Snapping Turtle were observed. The report concludes these features have limited ecological function and are not part of the regional natural heritage system. With recommended mitigation measures, including timing restrictions for vegetation removal, erosion controls, wildlife protection measures, and wetland compensation at a minimum 1:1 ratio, the study concludes that the proposed subdivision feasible, conforms to applicable policy requirements, and is not expected to result in negative impacts on the natural environment. 8.8 The report was updated in September 2025 to address comments peer review comments from Aquafor (the Municipality’s Consultant) and Municipal Staff, which included additional field work investigations, woodland reassessment, bat species at risk investigations, and a detailed wetland compensation strategy. Technical Memo SWT2-5 Wetland Creation and Restoration Plan for Brookhill West, SLLR, May 13, 2026 8.9 The technical memorandum supports the proposed removal of the 0.87 ha SWT2 -5 wetland as part of the Brookhill West development and outlines a preliminary wetland compensation strategy. The consultant concludes that the existing wetland is isolated, provides limited ecological and hydrological functions, and would become further degraded as surrounding development proceeds. 8.10 To achieve compensation, the proponent proposes creating and restoring approximately 1.46 ha of wetland habitat in two restoration areas adjacent to the Maple Grove Wetland Complex, supported by approximately 0.75 ha of enhanced buffers, invasive species management, native planting, habitat enhancements, and five years of monitoring. The ir plan is based on a 3:1 compensation ratio and proposes that the remaining compensation requirement (1.15 ha) be addressed through a cash -in-lieu payment. Municipality of Clarington Page 15 Report PDS-078-26 8.11 The memo acknowledges that further field investigations, wetland boundary staking, ecological surveys, detailed design, and consultation with CLOCA and the Municipality are required to verify existing conditions, confirm restoration opportunities and compensation areas, and finalize the restoration plan and offsetting requirements. Hydrogeological Assessment, Palmer, December 2022, revised July 2026 8.12 The Hydrogeological Report assessed the hydrogeological conditions for the proposed residential development. The 2026 update includes groundwater level measurements through September 2025 and confirms the overall groundwater flow direction toward Bowmanville Creek. Construction dewatering assessment was added, and the report concludes that an Environmental Activity and Sector Registry (EASR) registration will likely be required due to the anticipated pumping rates. 8.13 The report also identifies 17 domestic wells within 500 m of the site and notes that five wells are located near the site boundaries and are likely still in use given the rural setting. Although the report concludes that no long-term impacts to private wells are expected because recharge mitigation (LID measures) will be implemented and groundwater impacts are anticipated to be low, it specifically recommends that prior to construction, a water well survey should be completed and the five wells adjacent to the site should be offered well monitoring. 8.14 The report notes that during field investigations the two wetlands at the south end of the site did not contain persistent standing water and were interpreted as seasonally inundated features rather than groundwater dependent wetlands. 9. Discussion 9.1 Wetland features are important because they provide a wide range of environmental benefits, including groundwater recharge, flood control, water quality improvement, habitat for wildlife, climate mitigation, and most importantly they deliver ecosystem services that would be costly to replace through engineered solutions. 9.2 The removal of a wetland feature should only be considered once all other options have been considered and only where equivalent or greater ecological functions are demonstrated through compensation, restoration, or enhancement measures. Although the applicant has submitted environmental studies and a proposed Restoration Plan, further work is required to demonstrate a greater or equivalent, offset for the proposed wetland loss. Justification provided by Applicant in support of Removal of the Wetland Feature 9.3 The EISs and Hydrogeological Studies submitted for the subject lands claim that the wetland proposed for removal is isolated, has limited ecological and hydrological function, and does not support significant wildlife habitat, species at risk, amphibian breeding habitat, or connectivity to the Natural Heritage System. Municipality of Clarington Page 16 Report PDS-078-26 9.4 Based on the above conclusion, the applicant has submitted a proposed Official Plan Amendment to introduce site-specific policies to enable the removal of the wetland if supported by the EIS. The proposed Official Plan Amendment also speaks to mitigation measures, such as ecological compensation as a viable last-resort option to conserve and enhance the natural heritage system. It then introduces Ecological Compensation policies to be considered. 9.5 Among the introduced policies, is a suggested that Compensation Report and Plan be provided, demonstrating how environmental impacts can be mitigated through the use of best ecological offsetting practices, and any other practices or measures, to the satisfaction of the Municipality and CLOCA. This would include:  Ensure no net loss of ecological function  Strengthen the broader environment by enhancement of the system  Provide compensation that is acceptable to the Municipality and Conservation Authority, using recognized ecological offsetting approaches such as restoration, naturalization, enhancement, replacement, or cash -in-lieu, in accordance with approved compensation criteria. Peer Review Response 9.6 Aquafor has completed a peer review of the Environmental Impact Study for 2400 Nash Road and 2538 and 2494 Regional Road 47, Municipality of Clarington (Palmer, 2022), the Restoration Plan as well as Technical Memorandum titled "Opinion on Wetland Ecological, Hydrogeological and Recharge Function" (dated August 7, 2026), prepared by SLR Consulting (Canada) Ltd. (SLR). 9.7 In their August 13, 2026, memorandum to staff (See Attachment 3) Aquafor concurs with SLR’s hydrogeological assessment that wetland “SWT2-5” does not perform significant groundwater recharge nor groundwater discharge functions with the local or regional groundwater system, nor does it appear to have direct surface water connection(s) to local surface water features. 9.8 From an ecological perspective, Aquafor agrees that the “SWT2-5” wetland is not unique in terms of observed flora and fauna, although it does provide some value to generalist wildlife, and may also be considered SAR bat maternity roost habitat (habitat of an endangered species, protected under the NHS designation). 9.9 Aquafor has also indicated that they generally agree with the applicants EIS that if the wetland is retained, including a 30m buffer, but surrounded by development it will eventually result in degradation. Municipality of Clarington Page 17 Report PDS-078-26 9.10 As outlined in their peer review, is Aquafor’s professional opinion that “Wetland removal and compensation should generally be considered only as a last resort on a site-specific basis through detailed technical analysis indicating an opportunity for an ecological net gain. However, Aquafor also acknowledges that the “SWT2 -5” wetland is a common wetland form that has a reasonable chance of successful replication if done correctly, and that a unique situation exists in this circumstance in which compensation of the wetland elsewhere could be overall beneficial to the local ecosystem, provided stormwater management at the Nash Road property can be effectively compensate for lost hydrologic function within the proposed development site, and the offsite wetland compensation can demonstrate a net gain to the system in terms of ecological form and function.” 9.11 As outlined in the memorandum, Aquafor recommends that additional work be completed in support of the detailed design for wetland compensation including characterization of the hydrologic characteristics of the wetland, determination of appropriately sized buffers and additional amphibian and b ird surveys. Agency response 9.12 CLOCA staff have reviewed the application and have provided comments that in principle, support the proposed removal and compensation for th is wetland. 9.13 CLOCA Natural Heritage Staff concur with SLR and Aquafor that the long-term isolation of the retained wetland feature following the proposed development is not desirable and therefor removal and compensation for the wetland feature may be appropriate. 9.14 In addition, CLOCA staff concur with SLR and Aquafor that additional environmental investigations will be needed with respect to the development of the restoration plan. Staff response 9.15 Staff have reviewed this application for an Official Plan Amendment to permit the removal of wetland on the subject lands and have considered the expert opinions of the applicants Consultants, the Municipality’s peer reviewer, Aquafor and CLOCA and concur that removal of the wetland and compensation that includes a net gain elsewhere in the Bowmanville Creek watershed is supportable. 9.16 Attachment 1 contains the recommended Official Plan Amendment in support of the application. 9.17 The recommended Official Plan Amendment, like the applicant’s proposal, has included the requirement for mitigation using best ecological offsetting practices and a Compensation Report. However, as noted previously in this report, further environmental investigations shall be completed and included as appropriate, in the Compensation Report and Implementation Plan prior to approval of same. Municipality of Clarington Page 18 Report PDS-078-26 9.18 Staff have also included a policy to require a net gain to the Bowmanville Creek Watershed Natural Heritage System both in terms of feature size (3:1) and functions. As provided for in our newer Secondary Plans, unauthorized removal of features must be compensated for at a ratio of 3:1. It stands to reason that authorized removals should also require this level of net gain. 9.19 The recommended policies also provide that any compensation requirements, including financial securities, outlined in the Compensation Report and Implementation Plan shall be included as conditions of any future zoning by-law amendment and/or draft plan of subdivision approvals for the subject lands. Including this policy is intended to safeguard that the compensation requirements are implemented. 10. Financial Considerations 10.1 Not Applicable 11. Strategic Plan 11.1 The recommendations in this report are generally in keeping with Clarington’s Strategic Plan. 11.2 As opined in the applicant’s EIS, and supported by Clarington’s peer reviewer and CLOCA, retaining the existing wetland in situ but surrounded by future development, will eventually degrade the wetland. The recommended approach will provide for compensation and a net gain to the Bowmanville Creek watershed natural heritage system. G.4.3 of the Strategic Plan states Protect and enhance Clarington’s natural heritage. Although the recommended approach enables removal of a local feature of limited ecological value and no ground water connection, the recommended policy would enable enhancement (net gain) to the NHS. 12. Climate Change 12.1 This report supports Clarington's climate change objectives by recognizing the important role wetlands have to the climate. Wetlands help store and sequester carbon, reduce flood risks by retaining and slowly releasing stormwater, improve water quality, support groundwater recharge, and increase the resilience of natural and urban systems to more frequent extreme weather events associated with climate cha nge. Although this wetland will not be protected in situ, the compensating wetland will provide the climate change benefits as described. 13. Concurrence 13.1 Not Applicable. Municipality of Clarington Page 19 Report PDS-078-26 14. Conclusion 14.1 Staff have evaluated the proposed application by Tribute Tercot Brookhill 2 Inc. to amend the Clarington Official Plan and the Brookhill Neighbourhood Secondary Plan to permit the removal of wetland on the subject lands and have considered the expert opinions of the applicants Consultants, the Municipality’s peer reviewer, Aquafor Beech and CLOCA and concur that removal of the wetland and compensation that includes a net gain elsewhere in the Bowmanville Creek watershed is supported in this site specific instance and recommend the Official Plan Amendment contained in Attachment 1. Staff Contact: Thom Hunt, Director of Planning, THunt@clarington.net or Darryl Lyons, DCAO, Planning and Infrastructure, dlyons@clarington.net Attachments: Attachment 1 – Recommended Official Plan Amendments Attachment 2 – Agency and Department Comments Attachment 3 – Peer Review Memorandum, Aquafor Beech Interested Parties: List of Interested Parties available from Department. Attachment 1 to Report PDS-078-26 The Corporation of the Municipality of Clarington Official Plan Amendment Number 156 to the Clarington Official Plan Purpose: The purpose of this amendment is to amend the Brookhill Neighbourhood Secondary Plan to include a policy to allow for the removal of a 0.69-hectare wetland and to require compensation to be provided to mitigate the removal of a natural heritage feature. Location: The Subject Lands are municipally addressed as 2494 and 2538 Regional Road 57 (Bowmanville Avenue), and 2499 Nash Road. These are legally described as Part Lot 15, Concession 2, Former Township of Darlington, Parts 1, 2 & 3 on Reference Plan 40R29634, now in the Municipality of Clarington. The Subject lands are located directly west/southwest of the intersection between Bowmanville Avenue and Nash Road, north of the Future Longworth Avenue extension and realignment, and have a total area of 11.15 hectares. The subject wetland is generally located north of Longworth Avenue and east of Clarington Boulevard and as depicted with the Environmental Constraint overlay on Schedule A Land Use, Transportation, Parks and Open Space to the Brookhill Neighbourhood Secondary Plan. Basis: This Amendment is based on an application and supporting studies prepared on behalf of the owner Tribute Turcot Brookhill 2 Inc. in support of the application which may, following a future development application approval, facilitate future development. The following Studies have been submitted in support of the application: • Urban Design Brief, Biglieri Group, December 2022 • Sustainability Report, GHD, December 2022 • Functional Servicing and Stormwater Management Report, David Schaeffer Engineering Ltd., December 2022 • Landscape Analysis Brief, Biglieri Group, December 2022 • Traffic Impact Study, TYLin, December 2022 • Phase One Environmental Site Assessment (ESA), Soil Engineers Ltd., September 2021 • Phase Two Environmental Site Assessment (ESA), Soil Engineers Ltd., October 2021, and • Stage 1 & 2 Archaeological Assessment, Parslow Heritage Consultancy Inc., November 2019. • Planning Rationale Report, Biglieri Group, December 2022, revised February 2026 and April 2026 The following studies have also been submitted in support of the Official Plan Amendment and have been peer reviewed by the Municipality’s consultant: • Environmental Impact Study, SLR (formerly Palmer), November 2022, Revised Sept 2025 • Technical Memo SWT2-5 Wetland Creation and Restoration Plan for Brookhill West, SLR, May 13, 2026 • Technical Memorandum titled Opinion on Wetland Ecological, Hydrogeological and Recharge Function, dated August 7, 2026, prepared by SLR Consulting on behalf of Tribute Tercot Brookhill 2 Inc. • Hydrogeological Assessment, Palmer, December 2022, revised July 2026. Actual Amendment: The Brookhill Neighbourhood Secondary Plan is hereby amended as follows: 1. A new Section 13.3 Exceptions and subsections are added as follows: “13.3 Exceptions 13.3.1 Notwithstanding any other provision of this Plan, a wetland with a size greater than 0.5 hectares located on those lands municipally addressed as 2494 and 2538 Bowmanville Avenue and 2499 Nash Road ( Assessment Roll Numbers 181701003000500, 181701003000600, and 181701003000700) may be removed subject to the recommendations of the Environmental Impact Study (Environmental Impact Study, SLR (formerly Palmer), November 2022, Revised Sept 2025) and an acceptable Compensation Report and Implementation Plan that has been approved by the Deputy CAO Planning and Infrastructure. a. The Compensation Report and Implement Plan shall demonstrate how the removal of the wetland will be mitigated using best ecological offsetting practices, and any other practices or measures, to the satisfaction of the Municipality. b. The Compensation Report and Implement Plan shall provide a net gain to the Bowmanville Creek Watershed Natural Heritage System in terms of both features size (3:1) and functions, c. The additional environmental investigations as outlined in the Peer Review Memo prepared by Aquafor Beech, Review of Technical Memorandum titled “Opinion on Wetland Ecological, Hydrogeological and Recharge Function, in Support of the Removal of the Nash Road SWT2-5 Wetland Feature (SLR, August 7, 2026) shall be completed and included as appropriate in the Compensation Report and Implementation Plan prior to the approval of the Compensation Report and Implementation Plan to the Municipality’s satisfaction, and d. The compensation requirements as described in the approved Compensation Report and Implementation Plan, including any financial securities, shall be included as a condition of a future zoning by-law amendment and/or draft plan of subdivision approvals for the subject lands.” Implementation: The provisions set forth in the Municipality of Clarington Official Plan regarding the implementation of the Plan, shall apply in regard to this amendment. Interpretation: The provisions set forth in the Municipality of Clarington Official Plan regarding the interpretation of the Plan, shall apply in regard to this amendment. Amendment Number 4 to the Durham Region Official Plan Purpose: The purpose of this amendment is to amend the Durham Region Official Pan to include a site specific policy to allow for the removal of a 0.69 hectare wetland and to require compensation to be provided to mitigate the removal of a natural heritage feature. Location: The Subject Lands are municipally addressed as 2494 and 2538 Regional Road 57 (Bowmanville Avenue), and 2499 Nash Road. These are legally described as Part Lot 15, Concession 2, Former Township of Darlington, Parts 1, 2 & 3 on Reference Plan 40R29634, now in the Municipality of Clarington. The Subject lands are located directly west/southwest of the intersection between Bowmanville Avenue and Nash Road, north of the Future Longworth Avenue extension and realignment, and have a total area of 11.15 hectares. The subject wetland is generally located north of Longworth Avenue and east of Clarington Boulevard and as depicted with the Environmental Constraint overlay on Schedule A Land Use, Transportation, Parks and Open Space to the Brookhill Neighbourhood Secondary Plan. Basis: This Amendment is based on an application and supporting studies prepared on behalf of the owner Tribute Turcot Brookhill 2 Inc. in support of the application which may, following a future development application approval, facilitate future development. The following Studies have been submitted in support of the application: • Urban Design Brief, Biglieri Group, December 2022 • Sustainability Report, GHD, December 2022 • Functional Servicing and Stormwater Management Report, David Schaeffer Engineering Ltd., December 2022 • Landscape Analysis Brief, Biglieri Group, December 2022 • Traffic Impact Study, TYLin, December 2022 • Phase One Environmental Site Assessment (ESA), Soil Engineers Ltd., September 2021 • Phase Two Environmental Site Assessment (ESA), Soil Engineers Ltd., October 2021 • Stage 1 & 2 Archaeological Assessment, Parslow Heritage Consultancy Inc., November 2019 • Planning Rationale Report, Biglieri Group, December 2022, revised February 2026 and April 2026 The following studies have also been submitted in support of the Official Plan Amendment and have been peer reviewed by the Municipality’s consultant: • Environmental Impact Study, SLR (formerly Palmer), November 2022, Revised Sept 2025 • Technical Memo SWT2-5 Wetland Creation and Restoration Plan for Brookhill West, SLR, May 13, 2026 • Technical Memorandum titled Opinion on Wetland Ecological, Hydrogeological and Recharge Function, dated August 7, 2026, prepared by SLR Consulting on behalf of Tribute Tercot Brookhill 2 Inc. • Hydrogeological Assessment, Palmer, December 2022, revised July 2026. Actual Amendment: The Durham Region Official Plan is hereby amended as follows: 1. A new subsection 10.3.4 is added to Section 10.3 Vibrant Urban System as follows: “10.3.4 Notwithstanding any other provision of this Plan, a wetland with a size greater than 0.5 hectares located on lands municipally addressed as 2494 and 2538 Bowmanville Avenue and 2499 Nash Road ( Assessment Roll Numbers 181701003000500, 181701003000600, and 181701003000700) may be removed subject to the recommendations of the Environmental Impact Study (Environmental Impact Study, SLR (formerly Palmer), November 2022, Revised Sept 2025) and an acceptable Compensation Report and Implementation Plan that has been approved by the Deputy CAO Planning and Infrastructure. a. The Compensation Report and Implement Plan shall demonstrate how the removal of the wetland will be mitigated using best ecological offsetting practices, and any other practices or measures, to the satisfaction of the Municipality. b. The Compensation Report and Implement Plan shall provide a net gain to the Bowmanville Creek Watershed Natural Heritage System in terms of both features size (3:1) and functions, c. The additional environmental investigations as outlined in the Peer Review Memo prepared by Aquafor Beech, Review of Technical Memorandum titled “Opinion on Wetland Ecological, Hydrogeological and Recharge Function, in Support of the Removal of the Nash Road SWT2-5 Wetland Feature (SLR, August 7, 2026) shall be completed and included as appropriate in the Compensation Report and Implementation Plan prior to the approval of the Compensation Report and Implementation Plan to the Municipality’s satisfaction, and d. The compensation requirements as described in the approved Compensation Report and Implementation Plan, including any financial securities, shall be included as a condition of a future zoning by-law amendment and/or draft plan of subdivision approvals for the subject lands.” Implementation: The provisions set forth in the Durham Region Official Plan regarding the implementation of the Plan, shall apply in regard to this amendment. Interpretation: The provisions set forth in the Durham Region Official Plan regarding the interpretation of the Plan, shall apply in regard to this amendment. Attachment 2 to Report PDS-078-26 Attachment 4 – Agency and Department Comments The following agencies and internal departments were circulated for comments on the applications. Comments were due April 21, 2026 for the Clarington Official Plan Amendment (COPA) submission. Below is a chart showing the list of circulated parties and whether or not we have received comments to date. Department/Agency Comments Received Summary of Comment ☒ ☒ ☒ Department/Agency Comments Received Summary of Comment Notwithstanding the above, CLOCA Natural Heritage staff concur with SLR and Aquafor Beach that the long-term isolation of the retained wetland feature(s) following the proposed development is not desirable from either a natural hazard perspective. Accordingly, compensation for the affected wetland feature(s) may be appropriate. At this time, CLOCA Natural Heritage staff have no concerns with the proposed restoration location. However, consistent with the conclusions presented in Section 2.3 of the technical memorandum, additional investigation will be required to confirm the site's suitability for wetland restoration and long-term success. On the Hydrological report the MW21-1, MW21-2, and MW21-4 were instrumented with Solinst data loggers for continuous groundwater level monitoring on January 22, 2021. CLOCA has not yet received the technical memorandum presenting and discussing the results of the monitoring activities. Clarington Staff note that at the time of writing this report, an updated Hydrological Report was received and circulated to CLOCA for review. No comments have been received to date. The available subsurface information supports the findings presented in Palmer’s EIS report (2022) that the Willow Mineral Deciduous Swamp (SWD4-1) and Red-Osier Mineral Dogwood Thicket Swamp (SWT2-5) located within the property are predominantly surface water fed. These features do not contain persistent standing water and are only seasonally inundated. An increase in impervious surfaces within the property could adversely affect the long-term sustainability of the on-site wetlands. Department/Agency Comments Received Summary of Comment Subject to confirmation by CLOCA and Municipality of Clarington ecologists that the subject wetlands do not meet the criteria for regulated features, Staff have no objection to their removal and relocation elsewhere, provided that proposed compensation plan and design are acceptable to relevant authorities. Kawartha Pine Ridge District School Board and Peterborough, Victoria, Northumberland, Clarington Catholic District School Board ☒ KPRDSB requested that the school site be moved/adjusted so it is within one development phase, instead of the current proposal across two different property owners. They also stated that due to the uncertainty related to an Environmental Constraint overlay that establishes an area where further study is required before development can proceed, the approval of this application is premature. French Public Board: Conseil Scolaire Viamonde ☐ No comments. French Catholic Board: Conseil Scolaire Catholique Mon Avenir ☐ No comments. Clarington Engineering Development Division ☒ No objection to the proposal. . Clarington Emergency and Fire Services ☒ No objection to the proposal. Clarington Building Division ☒ No objection to the proposal. Enbridge Gas ☒ No objection to the proposal. Hydro One ☒ No objection to the proposal. Bell ☐ No comments. Rogers Cable ☒ No objection to the proposal. Canada Post ☒ Canada Post has no objection. Canada Post will provide mail delivery service to this development through Community Mailboxes. The location of the community mailboxes will be determined at the detailed design stage of the subdivision application. August 13, 2026 Attn. Nicole Zambri, MCIP, RPP Senior Planner, Planning and Infrastructure Services Department Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 Re: Review of Technical Memorandum titled "Opinion on Wetland Ecological, Hydrogeological and Recharge Function, in Support of the Removal of the Nash Road SWT2-5 Wetland Feature (SLR, 2026) Aquafor Ref: 67700 Aquafor Beech Ltd. (Aquafor) has been retained by the Municipality of Clarington to provided services for the review of the Environmental Impact Study for 2400 Nash Road and 2538 and 2494 Regional Road 47, Municipality of Clarington (Palmer, 2022). This has included a feasibility analysis for the possibility of wetland compensation for the removal of “SWT2-5” at the Maple Grove Wetland Complex, and most recently, a review of the Hydrogeological Investigation Report (SLR, 2026) and associated documents. Most recently, Aquafor has reviewed the Technical Memorandum titled "Opinion on Wetland Ecological, Hydrogeological and Recharge Function" (dated August 7, 2026), prepared by SLR Consulting (Canada) Ltd. (SLR) on behalf of Tribute Tercot Brookhill 2 Inc. It is understood that this memo was written to provide local hydrogeological context of the “SWT2-5” wetland in response to a request by Central Lake Ontario Conservation Authority (CLOCA). Specifically, CLOCA requested confirmation on whether the "SWT2-5" wetland performs a significant groundwater recharge function or a direct hydraulic connection that would classify it as a hydrogeologically regulated feature under regional planning framework. The SLR memorandum summarizes the physical, ecological, and hydrogeological characteristics of the wetland, relying on multi-year ecological field surveys (2016–2025), site borehole logs (2021), in-situ hydraulic testing, and continuous groundwater level monitoring data (June 2020 through December 2025). SUMMARY OF HYDROGEOLOGICAL FINDINGS Based on our review, SLR’s memorandum provides a reasonable characterization of the local hydrogeological regime. Key findings regarding the value of “SWT2-5” to the site and the broader Bowmanville Creek subwatershed include: Attachment 3 to Report PDS-078-26 August 13, 2026 1) Surface Water Connections: Based on the information provided, the wetland appears to be hydrologically isolated and sustained by direct precipitation and localized surface runoff accumulating in a shallow topographic depression. The contributing catchment area, though not delineated or quantified, appears to be small and not extend much beyond the subject property. 2) Groundwater Discharge into the Wetland: The standing water within the wetland during seasonal wet periods does not include contributions from groundwater discharge as the local groundwater level has been shown to remain at least 0.5 m below ground (spring 2022) and more typically approximately 1 m below ground (spring of 2021, 2023, 2024, and 2025) during annual high periods. 3) Groundwater Recharge from the Wetland: Hydraulic testing of the Sandy Silt Till and Sand and Silt Till layer underlying the “SWT2-5” are noted as being relatively low- permeability glacial till deposits indicating that the wetland feature is not associated with significant groundwater recharge. The previous site specific Hydrogeological Investigation Report (SLR, July 2026) further identifies soils more conducive to infiltration further east on the subject site, outside of the wetland area. The above findings characterize the “SWT2-5” wetland as not having a direct hydrologic (surface water connection) to downstream surface water features and not performing any significant role in groundwater discharge or groundwater recharge within the Bowma nville Creek Subwatershed. HYDROLOGIC SENSITIVITY & DEVELOPMENT IMPACTS Surface water-fed isolated depressional wetlands like “SWT2-5” are extremely sensitive to land use changes within their contributing catchment because they rely almost entirely on direct precipitation and localized overland flow rather than a reliable groundwater baseflow. While surface water contributions would need to be maintained to support the wetland, changes to inflow volumes, flow rates, and water quality would impact the overall productivity of the wetland. As such, the proposed development of upland areas within the catchment is expected to impact seasonal inundation (hydroperiod), response to rainfall events, and long-term water quality. This impact has not been quantified but it is expected to be significant. Upstream stormwater controls (including LIDs) and standard 30 m buffers can mitigate but not eliminate the impact of development on this type of wetland. ADDITIONAL ECOLOGICAL CONTEXT Throughout the various iterations of the Nash Road EIS, and in a statement made in the 2026 Hydrology Memo, SLR is of the opinion that “detailed ecological investigations completed August 13, 2026 between 2016 and 2025 concluded that the “SWT2-5” feature provides relatively limited ecological functions”. Aquafor notes the following. From an ecological perspective, Aquafor considers the surveys done as part of the 2022 and 2025 EIS iterations to be sufficient in determining the habitat across the site. Per the 2025 EIS, there are no amphibian breeding stations directly in the wetland (the next closest is targeting the “SWD4-1” community), and breeding bird surveys were conducted using a roving area method across the subject lands. While not specific to the “SWT2-5” wetland, and with the understanding that species occupancy can vary year to year, information regarding these wildlife categories have been captured during the course of the field investigations. It should also be noted that specific to amphibians, SLR noted a lack of standing water in the “SWT2-5” during survey events, which would exclude amphibians from breeding in this feature, particularly in the later, drier months. However, if additional information is desired for the wetland in particular, both amphibian call survey and breeding birds survey points could be stationed directly in the wetland, which would target key wildlife species specific to the “SWT2-5” wetland. Aquafor also notes that migratory bats (Eastern Red, Hoary Bat, and Silver-haired Bat) were listed as Endangered in 2025 under the repealed Endangered Species Act, and remain protected under the Species Conservation Act (in force as of March 2026). While no formal survey protocol exists for the newly listed bats, Aquafor has been made aware of instruction from the MECP regarding habitat to include live or dead trees >10 cm in DBH, as well as those exhibiting exfoliating bark, cracks, knots, holes, and cavities, and shrubs >1 m in height, as these may provide roosting habitat for SAR bats. This aligns with habitat guidance published by COSEWIC for these species. Habitat for SAR bats should be considered in the context of the wetland (and other wooded areas generally, including any community codes of FOD, SWD, CUW, SWT or CUT), as these features may now be considered habitat of Endangered Species, as supported by t he documented presence of Endangered Eastern Red Bat, Hoary Bat, and Silver -haired Bat (confirmed through 2025 acoustic monitoring) in the study area. Specific to the “SWT2-5” wetland, dense native shrub vegetation is valuable for Eastern Red Bat in particular, which is known to prefer dense foliage, and may roost close to the ground. This habitat is protected under both the Species Conservation Act, as well as under the Municipality’s Official Plan as part of the Natural Heritage System (Natural Heritage Features category – habitat of endangered and threatened species). Per provincial legislation, destruction of endangered or threatened species habitat may go forward, but must follow correct procedure under the SCA. It is otherwise at the discretion of the municipality as to whether removal of parts of the NHS is permitted on a case-by-case basis. In the instance that wetland removal and compensation goes forward, shrub and tree plantings as part of that compensation can be expected to provide replacement habitat for these species. August 13, 2026 ROLE OF BUFFERS IN WETLAND IMPACT AND PRESERVATION Throughout the course of this Peer Review exercise, Tribute/SLR has maintained that despite the application of a 30 m buffer to the feature, development surrounding the “SWT2-5” wetland (if retained) will eventually result in its degradation. Aquafor generally agrees with this statement from an ecological and hydrological perspective, and this has been used by Tribute/SLR as one of the primary justifications for its removal, with proposed wetland compensation elsewhere as a means of offsetting the loss. It is worth noting that removal of a wetland feature in favour of compensation elsewhere should not be considered the only solution to the issue of wetland degradation. Should development be expected to result in negative impacts to the wetland, and all parties generally agree that stormwater management strategies cannot adequately address this, then this indicates that the minimum 30 m buffer prescribed in the Official Plan is insufficient to protect the wetland. As such, a formal review of general wetland buffer policies considering the feasibility of more technically-based, site-specific buffers may be a worthwhile future environmental planning initiative. RECCOMENDATIONS FOR FURTHER CHARACTERIZATION While the August 7th memo provides a characterization of the wetland from a hydrogeologic perspective, additional characterization is recommended to holistically understand the relationship between local wetland hydrology and the supported ecological system. Aquafor recommends that the Municipality of Clarington request the following additional characterizations to holistically support site development planning, stormwater management LID design, and off-site wetland compensation design: a) Characterization of the hydrologic characteristics of the wetland is limited. The following should be considered for further hydrologic characterization: • Through Ontario GeoHub, LiDAR data is available at a greater vertical accuracy than the 1.0 m contours provided in the memo. These data can be used to further verify hydrologic isolation from downstream surface water features as currently determined via wetland perimeter staking. • Catchment area delineation should be undertaken to understand the extents of drainage area contributing to the “SWT2-5” wetland. LiDAR data available through Ontario GeoHub may be useful for this delineation. • The seasonal hydroperiod associated with the “SWT2-5” wetland has not been well established. Surface water loggers in shallow monitoring wells or drive-point piezometers within the deepest portion of the wetland basin equipped with August 13, 2026 automated pressure transducers can help understand the seasonal hydroperiod and capture flash responses to precipitation and gradual recessions. • Wetland feature specific water balance should be undertaken to quantify key hydrologic parameters within the wetland on a seasonal or annual basis. Any analysis of this nature should consider inflows from the surrounding catchment. b) As SLR maintains that impacts to the “SWT2-5” wetland (if retained) cannot be avoided with the current proposed development design, the application of an increased wetland buffer (e.g. >30 m wide) should be explored as part of design alternatives to determine if these effects can be adequately mitigated. c) Surveys completed by SLR throughout the course of the EIS are generally thought to be sufficient to characterize the site. If desired however, additional Wildlife Surveys could be considered that are targeted specifically to the “SWT2-5” habitat feature. These include: • Additional amphibian surveys - an amphibian survey point directly within the wetland, although Aquafor notes that standing water has not been documented in this feature, and therefore, the likelihood of amphibian breeding in this wetland is low. • Additional Breeding Bird Surveys – rather than a roving area method utilized during previous field investigations, a targeted breeding bird survey point could be located in the wetland feature. This would dedicate a full 10-minute window over two survey events to documenting bird breeding evidence directly in the wetland, and supplement existing bird data on the site generally. Considering the small size and conditions of the wetland however, it is unlikely that additional surveys will record any area sensitive swamp thicket species that have not already been documented on the site generally. d) Habitat on the site generally (inclusive of the “SWT2-5” wetland) should be re- evaluated in terms of its value for SAR bats. While formal survey guidelines for newly listed migratory bats have not been published to date, industry standard now considers all woody vegetation as having maternity roosting potential , supported by COSEWIC habitat guidance. Implications of this project on SAR bat habitat should be reviewed accordingly. August 13, 2026 CLOSING STATEMENT S Aquafor concurs with SLR’s hydrogeological assessment that wetland “SWT2-5” does not perform significant groundwater recharge nor groundwater discharge functions with the local or regional groundwater system, nor does it appear to have direct surface water connection(s) to local surface water features. Aquafor acknowledges that with the minimum 30 m buffer, it is likely that ecological form and function will degrade in the wetland, once encapsulated by development especially given the expected imperviousness within the small contributing catchment area. To ensure the municipal and conservation authority objectives are fully met, we recommend that the applicant address the recommended surface water characterizations of “SWT2-5” (LiDAR catchment delineation, hydroperiod assessment, and feature water balance) as part of the detailed design for off-site wetland compensation and site-wide stormwater management. We remain available to discuss these comments with municipal staff and CLOCA as needed. From an ecological perspective, Aquafor agrees that the “SWT2-5” wetland is not unique in terms of observed flora and fauna, although it does provide some value to generalist wildlife, and may also be considered SAR bat maternity roost habitat (habitat of an endangered species, protected under the NHS designation). Additional surveys targeting amphibians and birds directly in the wetland may supplement existing data, but based on the habitat described by SLR, are unlikely to document additional sensitive wildlife that would trigger protection above and beyond what is already known for this feature. As discussed in various Aquafor memos, and throughout several meeting discussions between Aquafor, Clarington, Tribute and SLR, successful wetland compensation is difficult to achieve , with a documented history of low success. Wetland removal and compensation should generally be considered only as a last resort on a site-specific basis through detailed technical analysis indicating an opportunity for an ecological net gain. However, Aquafor also acknowledges that the “SWT2-5” wetland is a common wetland form that has a reasonable chance of successful replication if done correctly, and that a unique situation exists in this circumstance in which compensation of the wetland elsewhere could be overall beneficial to the local ecosystem, provided stormwater management at the Nash Road property can be effectively compensate for lost hydrologic function within the proposed development site, and the offsite wetland compensation can demonstrate a net gain to the system in terms of ecological form and function. Aquafor agrees with CLOCAs assessment that a 3:1 wetland compensation properly sited and designed with consideration for sustainable ecological and hydrologic principles offers an opportunity to enhance and expand the existing NHS, and may be the preferred option in this specific case, provided it takes place outside of the limits of the existing NHS. This should not be considered a general rule for all situations however, as each wetland is unique and are generally understood to be best retained in place. August 13, 2026 Given the unique planning framework associated with this site, the reproducible/common wetland form, relatively low-value of the wetland recharge/discharge regime to the regional groundwater system, and observed lack of surface water connections to local surface water features, Aquafor agrees that removal and compensation can be considered a viable strategy for “SWT2-5”. To support this strategy, additional wetland characterization of “SW T2-5” is needed to ensure compensation can replicate and enhance lost ecological value and development-level stormwater controls can mimic pre-development water balance to the greatest extent possible. Projects across the municipality should be evaluated on a case-by- case basis going forward, and should not look to this development as a precedent by which to allow wetland removal in favour of development. Sincerely, AQUAFOR BEECH LIMITED Peter Hebert, B.Eng. Water Resources Coordinator P: (226) 343-0646 E: hebert.p@aquaforbeech.com Natalie Doerr, B.Sc. Senior Terrestrial Ecologist P: (519) 362-1527 E: Doerr.n@aquaforbeech.com