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HomeMy WebLinkAboutPD-81-95MINT- WATER.GPAHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, July 10, 1995 Res. Report #: PD-81-95 File #: By -law # Subject: INTERIM REPORT FROM THE WATERFRONT REGENERATION TRUST Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -81 -95 be received for information. 1. BACKGROUND 1.1 On April 5, 1995 the Waterfront Regeneration Trust presented a concept to save a portion of the Westside Marsh. The concept provides an alternative to St. Marys Cement's plans to quarry the Westside Marsh. The concept was received with interest. At that time, the Trust wanted an indication from the community, the Company and the Municipality of Clarington if they were willing to work through the details of the concept, in a co- operative manner. The Company, the Port Darlington Community Association and the Municipality of Clarington have all agreed to participate in the process. 2. THE WESTSIDE MARSH INTERIM REPORT 2.1 The Trust has prepared an Interim Report on the Westside Marsh. The Report provides an outline of the process to date, the concept and the proposed process (See attachment 1). 591 REPORT NO.: PD -81 -95 PAGE 2 2.2 The proposed process will develop the concept into a plan that will consider the well -being of the environment, economy and the community. The approach includes the creation of two work groups, a Habitat Work Group and a Community Impact Work Group. The first meetings for the workgroups will be held in mid -July 1995. The work groups are made up of individuals from various government agencies, experts in related fields, members of the Port Darlington Community Association, St. Marys Cement, and the Municipality of Clarington. All information discussed by the workgroups will be open to the public and schedules will be posted in advance so that interested members of the public can observe and participate. 2.3 The Trust is proposing the following timetable for completion: • June - October 195 Concept to Preliminary Plan assuming all information is available and a adequate for resolutions. More time may be required if additional data collection is needed. • October - December'95 Finalize the Plan and executing a Partnership Agreement with stakeholders. 3. MUNICIPAL INVOLVEMENT 3.1 The Interim Report suggests a co- operative approach from all stakeholders to resolve the issues. The Municipality agrees that this type of conflict resolution will likely offer the best chance of success. However, it is also recognized that both St. Marys Cement and the Municipality of Clarington will have a major role to play in that these two parties will be 592 REPORT NO.: PD -81 -95 PAGE 3 likely be called upon for any financial contribution to implement any solution. In this regard, the Chief Administrative Officer and the Director of Planning will be actively, involved in any future negotiations involving the Municipality financially and will be reporting to Council as such circumstances arise. In the meantime, in order not to delay the process, two planners from the department will participate in the workgroups commencing in mid -July. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development CS *DC *FW *df Attachment 26 June 1995 Reviewed by, W.H. Stockwell Chief Administrative Officer 593 WATERFRONT REGENERATION TRUST WESTSIDE MARSH 1 June 1995 594 Waterfront Regeneration Trust Commissioner The Honourable David Crombie, P.C. Deputy Commissioner David A. Carter June 11, 1995 Mayor Diane Hamre and Council The Municipality of Clarington 40 Temperance Street Bowmanville, Ontario Your Worship Mayor Hamre: Fiducie de regeneration du secteur riverain Commissaire L'honorable David Crombie, p.c. Sous- commissaire David A. Carter Westside Marsh — Interim Report, June 1995 In response your Council's motion and a similar request by the St. Marys Cement Corporation, I am pleased to provide our Westside Marsh Interim Report. This report summarizes the process leading up to the presentation on April 5,1995, the concept presented at the meeting and the subsequent comments by stakeholder and members of the general public. Based on those comments, I believe there is broad support for the general direction and cooperative approach proposed by the Trust. Consequently, the Trust is prepared to help the parties seek solutions and develop the concept into a practical plan with a balanced concern for the environment, the economy and community values. This interim report outlines an approach that requires intensive work over the next four months and a further report in October. I look forward to the continued support of Clarington and any comments your council may have concerning the report and our proposed approach. Keep well, take care. Hon. David Crombie Commissioner cc: Mr. Eugene Wrinkle, President & CEO, St. Marys Cement Corporation Inc. 207 Queen's Quay West • Suite 580, Box 129 • Toronto, Ontario M5J 1 A7 Telephone (416) 314 -9490 • Facsimile (416) 314 -9497 - 595 Table of Contents INTRODUCTION.............................................................. ..............................1 BACKGROUND............................................................... ............................... 2 Consultation..................................... ..............................5 St. Marys December 1994 Proposal .............................6 Information Received ..................... ..............................8 THE TRUST'S CONCEPT — APRIL 5, 1995 ................ ..............................9 Applicable Legislation ..................... ..............................9 Cooperation with St. Marys .......... .............................11 The Concept in Summary ............. .............................17 ALTERNATIVEPROCESSES ........................................ .............................19 The Trust's Conclusion ................. .............................20 RESPONSES TO THE CONCEPT AND PT2nP01;F.i) APPROACH ................................................ .............................21 Responses to the Concept .............. .............................21 Responses to the Proposed Process .......................... 22 CONCLUSION.................................................................. .............................24 PROPOSEDPROCESS ..................................................... .............................25 Goals...............................:.................. .............................25 Approach.......................................... .............................25 Organization.................................. ............................... 26 Habitat Workgroup ....................... .............................26 Community Impact Workgroup .............................27 Timetable........................................ ............................... 27 Comments Welcome ..................... .............................28 Appendix 596 Introduction In December 1993, at the request of the Municipality of Clarington and the St. Marys Cement Corporation, the Waterfront Regeneration Trust agreed to help find a resolution for several issues related to St. Marys' planned developments in Clarington. These developments include plans to quarry the Westside Marsh. At a public meeting on April 5, 1995, the Trust presented a concept for resolution of the Westside Marsh issue. This report summarizes the steps leading up to that meeting, the concept, the responses received and a process to address the outstanding issues. 1 57 Background St. Marys Cement is a privately owned Ontario corporation with facilities in Canada and the United States. St. Marys purchased property near Bowmanville (now the Municipality of Clarington) about 30 years ago. The Company has a licence to quarry originating in 1974. Figure 1 shows St. Marys' location on the Clarington waterfront and the four phases of its approved operational plan. In December 1992 and October 1993, St. Marys applied to the Ministry of Natural Resources (MNR) to alter the Westside Creek. Subsequently, the Company applied to the Department of Fisheries and Oceans (DFO) to make changes to the Westside Marsh in order to quarry the limestone below. St. Marys' proposals raised many concerns because the property was important to several groups with differing interests. These interested parties included government agencies, naturalists, the aggregate industry, the residents of Clarington and the immediate neighbours on the Clarington Waterfront. The Westside Creek Marsh is designated a provincially significant Class H wetland by the Ministry of Natural Resources. It is the only Class H wetland on the Durham Waterfront and valued highly by regional and local naturalists and by residents on the Clarington Waterfront. Naturalist organizations, and Agencies of the Federal and Provincial governments are concerned about the loss of wetlands in general and the potential loss of this remaining wetland in particular. At the same time, the limestone beneath the Westside Marsh is licensed for extraction and subject to protection under the Mineral Aggregate Resources Policy (MARPS). This policy recognizes the importance of aggregate, the limited supply and the difficulty in securing new licences for suitable material. Aggregate industry X98 Ln LOT 18 LOT 18 LOT 17 LOT 16 LOT 15 LOT 14 LOT 13 LOT 12 LOT 11 LOT 10 BOWf11anvill@ 4 w e 0 1 � E o � `• C.N.R. Dal T i Phase 3 o ;cam° • ONP� i f �, 1 a ij .o. P � Active 9 otV' ''`r Quarry Phase 2 1 1 �I -�1 i o Bow manvillc Marsh o O OAP T •� ' .mo o v an Wcs1 Sidc Crcck Marsh > . , �' G I �� � ial ' i / ' i 000moo-°Q6�`�.. q°a.'C°. o.•eo P THE COVE e�9 sr 0 j Q CEDAR CREST BEACH i j Phas6-- 4 Yo,: 1 d ; Lake Ontario I I. Lake Ontario Clarington W ront representatives wish to protect the validity of existing licences. St. Marys regards the high quality and location of limestone next its new cement plant as a competitive advantage and a material asset of the corporation. St. Marys Cement Corporation is the largest taxpayer in the Municipality of Clarington, a significant employer in the region as well as a contributor to the provincial economy and Canadian exports. The continued health of the enterprise is of particular importance to Clarington. Westside Creek Marsh borders on approximately 50 dwellings on Cedar Crest Beach Road and a smaller number located on Cove Road. These communities were established long before the quarry, although some properties were acquired since the licence was granted. These residents are concerned about the loss of the marsh, resulting changes in the character of the area as well as noise, dust and blasting from quarry operations. The Waterfront Regeneration Trust is an agency created by the Ontario Legislature in June 1992. Its mandate includes consulting with the public and advising the Province on matters related to waterfront lands. It was in this capacity that the Clarington Council and St. Marys Cement requested assistance. In December of 1993, the Trust agreed to: • identify the issues and stakeholders associated with St. Marys' land use proposals on the Clarington waterfront; • assemble relevant information concerning those land uses and help the parties generate options and alternatives to resolve the issues; and • facilitate discussions leading to agreement among the stakeholders on how best to balance environmental, economic and community interests in this part of the Clarington Waterfront. 4 599 01 CONSULTATION The Trust retained Mr. L. R. L. (Ric) Symmes as consultant and advisor for this project. Mr. Symmes met with a wide range of interested parties within the community to develop an understanding of the issues. In February 1994, the Trust sponsored an inter - agency meeting to discuss the regulatory issues arising from St. Marys' proposals. Agencies represented included: Environment Canada Canadian Wildlife Service Department of Fisheries and Oceans Canadian Coast Guard Ministry of Natural Resources By correspondence, the Trust involved the Central Lake Ontario Conservation Authority (CLOCA) and Ministry of the Environment. St. Marys' through its consultant, M. M. Dillon, developed two concepts for replacement of the Westside Marsh immediately north of Cedar Crest Beach Road. In June 1994, the Trust arranged for a workshop review of this concept by agencies and biologists. Participants included: Environment Canada Canadian Wildlife Service Department of Fisheries and Oceans Canadian Coast Guard Ministry of Natural Resources BAR Environmental (Consultant) Waterfront Regeneration Trust (Natural Heritage Work Group) M.M. Dillon (Consultant to St. Marys) The consultant and St. Marys received informal comment and suggestions about the concepts. 5 599 02 The Trust met with individual stakeholders in the summer and fall. It became apparent that a direct exchange of information between the various groups and interests would be beneficial. Three public discussion sessions were held in Clarington during December 1994 to: increase understanding of: • the nature, extent and timing of St. Marys Cement Corporation's plans; • the potential environmental, economic and community effects of the plans. explore any practical alternatives that provide for: • continued economic viability and development for St. Marys Cement; • protection of the natural environment; • consideration of the local community; and provide opportunities for community dialogue. ST. MARYS DECEMBER 1994 PROPOSAL St. Marys Cement made an extensive presentation at the first meeting to explain its proposals and to respond to some concerns and alternatives. Subsequently, government agencies explained the nature and limitations of the applicable regulations. Organizations and individuals made presentations, advanced ideas and submitted written questions to be asked by Commissioner David Crombie. St. Marys provided information about the importance of the limestone under the Westside Marsh. The Company's consultant, M.M. Dillon, presented a plan to replace the marsh with a smaller enhanced wetland to be located east of Waverly Road between the licensed limit of extraction and Cedar Crest Beach Road. Figure 2 shows the proposed area to be retained as marsh, and the area to be mined. 6 599 03 a s 0 ac J Q 41 t it RAILWAY 1� mv .wow col� op 00 00 IAN NAnCN� CA� � � Hrogo e� 1 1 1 I RELOCATED ! I ■ CBM & HUTTON ! i a J D Ulu 8 1 I 10001, \\ uo® �•- ... a ® ®A® LAKE L ' WrST sIoe ct�ac :... . 0� DW orverrnoN ©� L Wo NEW a a ®o® ®° im OS ONTARIO •q ' ®� PROrotiSAL g ®® DEC. 1994 P Q 9 U4 Dam M/iY 199'5 INFORMATION RECEIVED During the sessions and the three following months, the Trust received information concerning the issues including: • the importance of licensed limestone to the industry, St. Marys Cement, its suppliers and employees; • the importance to residents, naturalists and others of wetlands in general and this one in particular; • . suggestions for ways to save all or part of the marsh; • interpretation of what would be required under the "no net loss" policies of the Fisheries Act for any part of the Westside marsh lost to mining; • the importance of taking a broad view and support for a cooperative solution; and • widespread frustration at the community's inability to get information, solve problems and build an atmosphere of trust. s The. rust's Concept April 5, 1995 The stakeholders, in conversation with the Trust's representative, expressed a desire to work toward a solution acceptable to all, so long as their needs and rights were respected. From the ideas advanced in the public sessions emerged a concept and possible resolution. The Trust held a fourth public discussion session in Clarington on April 5, 1995 to: • report to the public on information received at the Public Discussion Sessions held in December and other information received since those sessions; • outline a concept as a possible resolution of the primary issues; and • receive comments on the possible resolution from stakeholders and the public. The Trust proposed protecting as much of Westside Marsh as possible through a combination of applicable legislation and cooperation with St. Marys. APPLICABLE LEGISLATION Based on the information received from agencies at the public meetings, the Trust considered the following: • a valid licence to quarry applies to most of the marsh; • the Ontario Wetland Policy does not apply because the licence pre -dates the policy, and the policy is not retroactive; 9 599 06 • the Ontario Aggregate Policy does apply, and consequently: Durham Regional Plans must respect the license; Clarington Municipal Plans must respect the license; • the Ontario Lakes & Rivers Improvement Act applies, but is used primarily to ensure safety; • the Ontario Environmental Assessment Act may apply; • CLOCA's wetland policy may prohibit any loss, but its application is discretionary; and • the Federal Fisheries Act does apply. It protects some existing marsh, but not all since the regulations allow acceptable mitigation /replacement for wetland destroyed or altered. The existing Westside Marsh, as defined by the 75 metre elevation line, occupies ... 102 acres In discussion with St. Marys and the Department of Fisheries and Oceans, the Trust learned that the minimum size of the wetland that must be protected to meet requirements under the Fisheries Act would be ... 62 acres if the productivity of the habitat is greatly enhanced. To meet this minimum, St. Marys could allow for: the existing marsh south of the licensed limit of extraction ... 22 acres plus the M.M. Dillon proposed wetland next to Cedar Crest of ... 15 acres Subtotal possible from unlicensed property 37 acres 37 acres Therefore, St. Marys would have to provide (62 less 37 acres) or ... 25 acres from the licensed part of the marsh to meet the requirements of the Fisheries Act. io 599 07 Figure 3 describes how the limit of extraction may change to reflect the DFO minimum ' requirement. In this proposal, most of the marsh would be altered to achieve the productivity enhancement, and 15 acres of new wetland would be created immediately north of Cedar Crest Beach Road, a development opposed by some residents. COOPERATION WITH ST. MARYS The Trust sought ways to save additional marsh and reduce the impact on the community through cooperation with St. Marys. The Trust learned that St. Marys' attitude to the release of more limestone from its licensed property is based on four factors: • licensed limestone reserves are considered a critical company asset; • the amount of limestone available to mine was reduced when Ontario Hydro expropriated St. Marys land in the 1980's to create a transmission corridor just north of the marsh; •' limestone available to mine would be further reduced by 25 acres to meet the minimum requirements of the Fisheries Act described in Figure 3, above; • replacement with licensed limestone from new sources is uncertain and expensive, at best. Consequently, St. Marys would not agree to a further reduction in net reserves, but would be willing to trade for acceptable limestone. 11 599 08 A t O ox J nt s 3 RAILWAY NAn °rIA1- 00-0--- 0 i� Hrapo ' 1� ov 1 _ 1 i 1 'i iRELOCATED CBM & HUTTON ! i WETLAND CREATION 1 I El i m � � o � 6 6 Al nF _i ' 6 cc L •�.•,...a 10 LAKE 'LWEST 510E CREEK ® 0Q� gyERSION . . . • . • • NEW LWETLAND CREATION e ago Ulu an I ONTARIO A. b © JAN. 1995 P 599 09 pd -- MA' 1993 During the Trust's public discussion sessions, many alternatives and "trades" were proposed and two are acceptable to St. Marys. The "acceptable trades" are the limestone under 4 acres of Waverly Road (owned by the Municipality of Clarington), and access to additional limestone from relocation of the Westside Creek to the Hydro lands north of the marsh resulting in retention of existing wetland in the north of 4 acres The Trust proposed moving the limit of extraction north, saving the centre of the marsh ... for a total trade of .. . This could be combined with the portion that could be saved under the Fisheries Act of ... (shown in figure 3) and the existing unlicensed portion of the marsh ... for a total projected Westside Marsh of .. . 13 acres 17 acres 17 acres 25 acres 22 acres 64 acres This area would be slightly more than the minimum of 62 acres required under the Fisheries Act, but without creating 15 acres of new wetland just north of Cedar Crest Beach Road, as proposed by St. Marys and M.M. Dillon in December 1994. The area of the existing Westside Marsh is ... 102 acres In addition to the portion to be retained as described above ... 64 acres To ensure no net loss of area, the difference or ... 38 acres of wetland habitat must be created nearby to maintain the total habitat. The Westside Marsh and relocated creek might be configured as shown in Figure 4. Additional work and study are necessary to understand the existing habitat and to ensure a viable design and mitigation plan. 13 599 10 0 0 ac s W a dc 3 RAILWAY NAnow`L NADO WEST SIDE CPM DriMON WETLAND rr rrr ,r 4CRMK D DE •fir � _.,scSi , �J ■ PORT DARLING GREENWAY I 1� mv � A PORT DARLINGTON i GREENWAY `, I I _ _ L.J I I� ag a a ®®m Gooda e LAKE ONTARIO a ®p TRUST PROPOSAL © APRIL 1995 Ae 599 11 pd�-- M,� , In addition to protecting most of the existing Westside Marsh and replacing any lost, it was important to: ' • increase the buffer between the waterfront community and the approaching quarry operations; • provide access to Cedar Crest Beach Road to replace Waverly Road; and • address concerns about the noise and dust from the CBM stone crushing and redi -mix operations on Waverly Rd. and the equally unpopular proposed new location on Westbeach Road (as shown on Figure 3). To address these issues, the following additional steps were proposed: • create a 125 acre "Port Darlington Greenway" (as shown in Figure 5) • Protect 64 acres of Westside Marsh (Areas "M" and "N" — most made available by St. Marys) • Add 61 acres of other parkland (Areas "A ", "B ", "C" and " D" — made available by St. Marys) • Shield the neighbours • Link with Bowmanville Marsh • St. Marys, in various partnerships would create 38 acres of marsh habitat nearby to replace the portion of Westside to be mined, and to ensure no net loss of habitat; • Clarington would help CBM stone crushing relocate to an industrial area within 2 years, and St. Marys would trade 36 acres it owns on West Beach Road (area "A ") to be included in the Greenway; • a joint management committee would be created for the Greenway; and • a community relations committee would be created to share information and seek solutions. 15 599 12 THE CONCEPT IN SUMMARY The proposed concept would have the following results: • 64 acres of the existing Westside Marsh retained and any loss replaced nearby, as shown in Table 1 below. Replacements would be to augment/ strengthen existing wetlands and as much as possible would replace the functions and habitat that would be lost in the portion of Westside to be mined • creation of a new access to Cedar Crest via Cove Rd • increased buffer zone (greenway) between most residents and the quarry. No one would have less buffer than they have now and many would have 1000 ft or more • transfer of the CBM stone crushing operation to an industrial location • protection of St. Mary's access to limestone, its opportunities for growth and increased contribution to the economy and community • creation of 125 acres of community controlled parkland • support for new communications, better problem solving and prevention — releasing energy for positive community building 17 599 14 Comparison of Proposals AREA Existing St. Marys' Minimum Trust (acres) Dec '94 ( Fisheries Concept Proposal Act) Marsh Habitat Westside — unlicensed 26 22 22 26 — licensed 76 25 38 —new (created) 15 15 0 Subtotal Westside 102 37 62 64 Other Fisheries Habitat (to be created nearby) — 0 0 38 Total Fisheries Habitat 102 37 62 102 New Greenway Just North of Cedar Crest — 0 0 15 West Beach Road — 0 0 36 Bowmanville Marsh — 0 0 10 Total New Greenway — 0 0 61 This proposal is a concept, not a plan. Additional work will be required to examine the available information, gather additional information where necessary, consider alternatives and determine the best practical resolution acceptable to the key stakeholders. 18 599 15 The Trust offered to assist the parties in a cooperative search for an acceptable resolution. Formal court and hearing processes such as the Ontario Environmental Assessment Act, the Federal Environmental Assessment and Review Process (EARP) etc, are alternative approaches. However, these options have some disadvantages, including: • the adversarial nature of the processes — there would be more conflict • the expense — and intervener funding is uncertain at best • they are hard to control once started • the outcome is uncertain (for any of the parties) • the likely loss of the discretionary benefits that are part of Trusts' proposed concept: • 120 acres of Greenway • prompt relocation of CBM to an industrial area • improved relations and a chance to deal with other problems • continued conflict projects a poor industry/ community relations image, which does not help the tax base in the community • the missed opportunity for more positive community attitudes. 19 t 599 16 THE TRUST'S CONCLUSION Both the Company and the Community stand to gain from a cooperative approach. However, if the outcome is not satisfactory to any party, the Environmental Assessment processes may still be available to them. 20 599 17 Responses To The Concept And Proposed Approach Following the Trust's presentation on April 5, a 90 minute period for comment, questions and discussion took place. In addition, individuals and groups were invited to write to the Trust over the following three weeks. The concept encouraged many to believe that an acceptable resolution may be possible. However, some suggested that more information is needed to be sure that the concept is technically sound and the best practical solution. While there is general support for a Trust - facilitated cooperative approach, there is uncertainty about some aspects of the process and a few stated a preference for an environmental assessment. The following is a summary of comments. RESPONSES TO THE CONCEPT There was favourable reaction to: • the increase in the amount of Westside Marsh saved over the original (St. Marys /Dillon December 1994) proposal; • the increased buffer between dwellings and the limit of extraction; • no wetland creation just north of Cedar Crest Beach Road; Questions were raised: • Can more Westside Marsh be saved? 21 599 18 • What is the ecological viability of: • the remaining marsh considering circulation, habitat diversity/ balance, the proposed stream crossing and the classification of the marsh; • the proposed stream diversion; • the proposed habitat replacement? • Will neighbours property be affected by changes in the marsh and the closer quarry operations: • flooding, wells, septic systems • property values? • What will be the impact of the changed access to Cedar Crest Beach • convenience, property value, traffic, emergency access? RESPONSES TO THE PROPOSED PROCESS Although a few favoured formal environmental assessment, there was broad support for the cooperative process advocated by the Trust. Letters of support from the Municipality, the Port Darlington Community Association, and St. Marys Cement Corporation are attached in Appendix I. There were inquiries concerning the Trust's proposed process, partly because it was described in very general terms on April 5. Questions included: • Will there be adequate access to sufficient information to know the concept will work and represents the best practical solution that can be achieved? 22 599 19 • How can we be sure that the information/ studies are objective and credible? • Will the scope of review be adequate to consider alternatives? • How can citizens respond cooperatively in this process while other adversarial processes (such as review of the dock proposal) are under way? • What will the changes cost and who will pay? • Will Marys follow through on its fine words and share the necessary information? • Will the citizens consider the needs of the broader community and the company? • Will the participants have the technical expertise to ask the right questions, evaluate the answers and make wise choices? • How will decisions be made and how will the process deal with those who may want indefinite delay? and • What will be the role of the Trust, and who will follow through, monitor results and if necessary, enforce the solution? 23 599 20 Conclusion The Trust received a generally positive response to the concept, encouragement from Federal and Provincial Agencies and letters of support from the Municipality, the Port Darlington Community Association and St. Marys Cement. The Trust is willing to work with the parties to identify a plan that reflects balanced consideration for the environment, the economy and the community. The process employed will address the concerns and questions summarized above. 24 599 21 Proposed Process GOALS The following are the goals for the process: • to recommend a plan for the Westside Marsh and environs that will address St. Marys Cement development plans and reflect balanced consideration for the environment, the economy and the community; • to have the key stakeholders participate fully in the process, understand and support the plan; and • to foster an effective working relationship between St. Marys Cement and the community of Clarington. This relationship will provide a sound basis for the consistent implementation of the plan, improved communications, benefits for the community and healthy growth for the company. APPROACH To achieve these goals, the Trust proposes the following approach: • to guide stakeholders through a process, starting with the concept, considering feasible alternatives and addressing significant concerns. • to develop community understanding of the facts, issues, j risks and alternatives through the mediated process and sharing of information; W 599' 22 ® to recommend a plan with sufficient detail for the stakeholders to understand the benefits, advantages and disadvantages expected. This plan could be the basis of a Partnership Agreement to be signed by the key stakeholders; • to facilitate agreements with the various regulatory agencies consistent with the partnership agreement; and • to establish suitable arrangements to monitor results and update the agreement. ORGANIZATION Considering the skills and knowledge required, two workgroups can address most of the key concerns raised by the community at the April 5th Public Discussion Meeting, a Habitat Work Group and a Community Impact Work Group. The Waterfront Regeneration Trust would provide a chairperson for each working group. Members of the public would be welcome to observe and participate in the discussions. All information discussed by the work groups would be open to the public and schedules would be posted in advance so that interested members of the public could observe and participate. HABITAT WORKGROUP TASKS Assess information and discuss solutions concerning: i Existing Westside Marsh; ii Proposed future Westside Marsh and alternatives including: (a) circulation, classification, viability; (b) and crossing to Cove Road; iii New stream design and alternatives; and i v Replacement habitat alternatives. 26 599 23 COMMUNITY IMPACT WORKGROUP TASKS Assess information and discuss solutions concerning: i Air (noise, dust, vibration); ii Water (wells, septic, flooding, water table); iii People; (a) archeological; (b) social (land values etc); (c) access, emergency, crossing etc; and iv Land (Greenway planning & management). There are other tasks, such as the proposed CBM stone crushing relocation that would be addressed by ad hoc meetings. Where additional studies are required, stakeholders through the Workgroups, would participate in the determination of terms of reference, choice of consultants and acceptance of reports. We will make use of workshops, circulation and peer review where appropriate. In this way, we expect to achieve confidence in the results without duplication of studies. TIMETABLE How much additional information about the existing marsh and proposed alternatives will be needed must will be determined in the process. Consequently, a precise schedule is not possible but targets are important to ensure progress. The Trust proposes the following schedule: • Concept to Preliminary Plan (June — October '95) assuming necessary study information is available and adequate for important decisions. More time will be required if additional data collection is considered essential. Finalize Plan and Partnership Agreement (October — December '95) 27 599 24 COMMENTS WELCOME Comments and' suggestions concerning this report and the related work of the Trust will be appreciated. Comments may be addressed: The Waterfront Regeneration Trust Att: Mr. L. R. L. (Ric) Symmes Westside Marsh, Interim Report 207 Queens Quay West, Suite 580 Toronto, Ontario M5J 1A7 Telephone: (416) 314 9490 Fax: (416) 314 9497 28 599 25 Appendix 599 26 l rv14_A 11V%X1 V1V COMMUNITY ASSOCIATION INC. R•R2, Grottp 2, Box 63 B vLac, Ontarto L1C 3 April 28, 1995 Mr. L R.L. Symmes Waterfront Regeneration Trust 207 Queen's Quay West, Suite _880 Toronto, Ontario M5J IA7 Dear Ric: This is to respntwe to the progress report concerning the Westside Creek Marsh which was presented at the Apri15 meeting chaired by Mr. Crombie. We continue to be encouraged by the process of discussions and negotiations which is being spearheaded by the Trust. The PDCA views the Trust's proposal as a general concept which must be defined through a multi - stakeholder process rather than a plan, already cast in concrete. The success of the process will depend on the will of all participants as well as on the structure of the process. Many at the April 5 meeting recognized that resolution of the issues requires the services of a mediator and we support the Trust acting in this role. We look forward to participating in the mediated round table process, including: • discussions related to membership of the steering committee and working groups; • determination of a decision making process; and * identification of independent technical experts to assist in the work of the committee. We support the concept that the basic principles of environmental assessment be fvUowed, including. • man assessment of the need; • identification and evaluation of alternatives; • determination of environmental impacts and appropriate mitigation measures; and • application of screening c iteria to these issues. Each alternative needs to be studied from the economic, technical, social, environmental and cultural aspects. The April 5 meeting did not provide an opportunity for the relevant regulatory agencies to present their reactions to the Trust proposal. We recognize that involvement of the agencies in the mediated process will provide opportunities for them to share their views. The PDCA looks forward to participating in the mediated round table process. Sincerely, Mavis Carlton President 599 27 TOR(7M'PO, ,Apri16,1995 - St AWr Cement Corporation suppmU t9 recommerdaftm of a plan being prepoed by The Hari. David Cromble that would see a large part of Wes"ade Creek Marsh remain untouched When the company's quarrying operations expand to its licensed area east of Waverly Road. The plan was outlined at a public meeting held last night at Clarington Town Mall. Under the proposal, St. 1 fop would make available several pares of land irt, and adjamat to, the Westside Marsh which would be protected and from. the 'Fort Darlington Groenway ", an-east -west c0aidor of upland and wetland natural habitat totalling 120 acm. aver 70 aces of this area is currently designated for quarrying and industrial use. In effecl, St, Marys would substitute limestone reserves in the cmtre of the marsh for Waverly Road and the mestone under it, resulU g in no not loss Iz of limestom for the company. Waverly Road would be closed and a aroVing would be built across Westside Creek linking Cedarcrest Beach and Cove Road.. Mr Gene WrinWe, president of St. Marys Cement Corporation, said the company is encouraged by the process that has sought a long -term rewlution that will enable the cvmpany.tp grow and to operate profitably, and at dw sauce time satisfy many of the Wneerns of local residents. - xno;re- 1 \ -3 "We hope that ratepayers and town will support the concept and that the various regulatory bodies involved will be able to work together and move quickly to bring this very positive proposal. to reality," Mr. Wrinkle said. '2Kr Cromble and The W atex#ront Trust bave provided us with a uu dque opportu Uty to find a mediated resolution of issues con=ning the marsh. I believe we can achieve much more together, in a cooperative approadi -00 "This cooperativu effort would enable the company to cbange its original plans and save a significant part of the Westside Marsh„ and ako-make a positive contribution to the environmental enhancement of the urea $umunding the marsh and our quarrymS operations," Mr Wrinkle added. Mr. Wrinkle said St. Marys would be contributing a substantial an wU of land and money up front to the solution, including the early telocatioxt of its Canadian building Materials (CBM) fa.cilitiea, currently located east of Waverly Road. The company wUl help pay for the cost of creating replacement wetland and fish habitat to meet the Waterfront Trust's obfective of no net ions of watland. In addition to contributing the land, St Marys would also bear the substantial cost of relocating Wesbide Creek to 41ow the closure of Waverly .Road. For further information: Gene Wrinkle President St. Marys Cement Corp (416) 484 4411 599 29 M- �MUNICIPALITY �OF ar 11 ton ONTARIO May 16 1995 The Honourable David Crombie, P.C. Waterfront Regeneration Trust 207 Queen's Quay West, Ste. 580 Toronto, Ontario M5J 1A7 Dear Sir: Subject: Westside Marsh Settlement Process Your letter of May 15, 1995 to the Mayor has been referred to this office. May I first of all thank you for your assistance in tackling such a complex and sensitive issue. The meeting of April 5th was very informative and was a most positive step towards a settlement amongst all of the stakeholders in this matter. We are encouraged to learn that a majority of the community representatives and St. Marys Cement have agreed to participate towards the next step in this regard. Most certainly the Municipality of Clarington endorses the proposed concept in principal and we look forward to working with the Trust and the other stakeholders in an attempt to bring this matter to a close. We will await your further contact should you wish us to attend meetings with St. Marys Cement in an attempt to identify the cost factors surrounding your proposal. Yours t uly, W. H. Stockwell, Chief Administrative Officer WHS:nof Mayor Diane Hamre and Members of Council Frank Wu, Director of Planning CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET - BOWMAN59`9 ONT 00 • L1C 3A6 • (905) 6233379 • FAX 6234169 REC.CEEO V.>Ei