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HomeMy WebLinkAboutPD-108-95THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN:NWPA.GPA REPORT 6(-)q oP0 W1 (-91)l'd Meeting. General Purpose and Administration Committee File # C- Date: Monday, October 2, 1995 � } � `� Res. # ` Report #. PD- 108 -9-:hle #: OPA 89- 68 /D /N and DEV 89 -074 By-law # Subject. REVIEW OF FINDINGS OF ENVIRONMENTAL ASSESSMENT AND REVIEW GUIDELINES ORDER AND NAVIGABLE WATERS PROTECTION ACT FOR DOCK EXPANSION ST. MARYS CEMENT 323:12 * PA 89-68AWN AND D-RAX 29-024 Recommendations. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 108 -95 be received; 2. THAT the Canadian Coast Guard be advised the Municipality of Clarington does not concur with the findings of the Environmental Assessment and Review for the St. Marys Cement Corporation dock expansion as outlined in this report; 3. THAT Canadian Coast Guard be requested to require as a condition of approval a remedial plan if loss of wetland function is proven, and a remedial plan for the shoreline impacts resulting from existing dock and expanded dock; 4. THAT the Canadian Coast Guard be requested to establish a Monitoring Committee with representation from the Municipality of Clarington; and 5. THAT the Canadian Coast Guard, St.Marys Cement Corporation, the Port Darlington Community Association and the Waterfront Regeneration Trust and all other interest parties listed on the attachment receives a copy of this Report and Council's resolution. 1. INTRODUCTION 1.1 On June 7, 1995 a notice was placed in the Canadian Statesman by the Canadian Coast Guard advising the dock expansion proposed by St. Marys Cement Corporation had been assessed under the Environmental Assessment Review Process Guidelines Order (EARPGO). The Notice indicated the Federal Minister of Transport had determined that potentially adverse environmental effects from the dock expansion are mitigable. 524 REPORT NO.: PD- 108 -95 PAGE 2 The Notice activates a 30 day public consultation period. Once all comments are received, the Coast Guard reviews and responds to the comments or recommends a public review under the Environmental Assessment Review Process. 1.2 Staff received a copy of the Coast Guard's report to the Minister and requested all information used to render the decision on the dock expansion. The information was obtained under the Access to Information and the Privacy Act. Staff were granted a 35 day extension from the day the material was sent, being September 6, 1995. 1.3 The purpose of this Report is to inform Council of the Coast Guard's findings and seek approval from Council of the recommendations contained herein. 2. BACKGROUND 2.1 St. Marys Cement Co. is seeking to lakefill a 32 hectare area of Lake Ontario to expand the existing dock. The number of approvals necessary for the dock expansion are extensive: • Federal approvals are required under the Fisheries Act and the Navigable Waters Protection Act. Approval under the Navigable Waters Protection Act triggers an Environmental Assessment and Review Process. • Approvals from various provincial agencies are being processed. Work Permit under the Lakes and Rivers Improvement Act was issued by the Ministry of Natural Resources, in December 1993. The Company must fulfill a number of conditions under the permit. • Approval under the Planning Act is required for the dock expansion. In 1989, St. Marys applied for an Official 525 REPORT NO.: PD- 108 -95 PAGE 3 Plan and Zoning By -law Amendment and site plan approval to recognize the existing dock expansion and to permit the dock expansion. 2.2 The Durham Regional Official Plan designates St. Marys Cement lands as a Special Policy Area. The designation for St. Marys' lands and the proposed dock expansion and related policies have been deferred. The St. Marys is recognized as a Special Policy Area in the Draft Clarington Official Plan. The Plan recognizes the existing dock. Recognition of the dock expansion requires approval from all relevant government agencies. 2.3 In January 4, 1993 Staff reported on St. Marys Cement's application under the Navigable Waters Protection Act for the dock expansion. The Report sited a number of concerns with the proposed dock expansion and suggested the following items needed further consideration: • justification of need and identification of type and volume of commercial port activities; • impact of dock expansion on Raby Head 1 Marsh; • impact of dock construction and increased port activities on wildlife in the Westside Marsh; • impact of increased port activities on nearby residential areas; • resolution of erosion problems which appear to have resulted from the existing dock; • compensation for the loss of fish habitat; • conservation of archeological resources. 526 REPORT NO.: PD- 108 -95 PAGE 4 2.4 Council resolved not to support the dock expansion until all concerns were addressed. Council also requested the assistance of the Waterfront Regeneration Trust to review and resolve where possible issues related to the dock expansion and future plans of St. Marys Cement holdings. 3. FEDERAL ENVIRONMENTAL ASSESSMENT REVIEW PROCESS 3.1 Federal Environmental Assessment and Review Process (EARP) is used to identify potential environmental and social effects that may arise from a particular project. The EARP is applicable to any project which involves: • federal regulatory responsibility • federal financial commitment • lands and waters administered by the Federal Government. Application under the Navigable Waters Protection Act (NWPA) is required for the dock expansion. The Act is administered by the Canadian Coast Guard. The Coast Guard, in consultation with other agencies must evaluate the project through an Initial Assessment. The Coast Guard may conclude: • that the potentially adverse environmental effects are known and mitigable; or • further investigation is required and the proponent must prepare an Initial Environmental Evaluation, detailing environmental effects. If the Coast Guard recommends the preparation of a Initial Environmental Evaluation, the project will be re- evaluated. If the environmental effects are still unknown, it may be denied or referred to the Federal Minister of Environment for public review. 527 REPORT NO.: PD- 108 -95 PAGE 5 3.2 The Coast Guard's initial review of the St. Marys' dock expansion concluded that effects related to wetlands and archaeological finds were unknown. As such, an Initial Environmental Evaluation was undertaken by the Company. Upon submission and review of the Initial Environmental Evaluation, the Coast Guard concluded that "the potentially adverse environmental effects are mitigable with known technology." 3.3 Staff obtained the Coast Guard's Report to the Minister of Transport. The Report is based on comments received from various government related to the EARP process. A summary of the Report is provided below. 3.3.1 Effects on Wetlands Raby Head 1 Marsh: The effects of dock construction on wetland function in Raby Head 1 were assessed. Environment Canada is satisfied that potential impacts on water level fluctuations and loss of biodiversity can be mitigated by creating a 30 metre shoreline buffer between the dock and the marsh. A monitoring plan would be used to ensure mitigation is effective in maintaining the wetland function. Westside Marsh: Rock from Phase II will be used to construct the dock. As such, the environmental assessment only reviewed the impacts of mining of Phase II on the Marsh as it exists today. Effects of groundwater and surface runoff were examined. Environment Canada considers of loss of groundwater and surface runoff on the Marsh to be minimal and can be mitigated. Environment Canada suggests a monitoring program be used to ensure loss of wetland function is not occurring during extraction of Phase II. Monitoring programs before 528 REPORT NO.: PD- 108 -95 PAGE 6 during and after construction are recommended to evaluate plants and vegetative communities, birds, amphibians, reptiles and fish. Water quality as it relates to the plants and animal life will also be monitored. 3.3.2 Cultural Resources Archeological resources are suspected in Phase II. Shipwrecks are suspected off the shore of the dock. Heritage Canada has requested an assessment of heritage resources in Phase II. The Company shall consult with Ministry of Culture Tourism and Recreation and Indian and Northern Affairs Canada through this process. The Company has completed a underwater video as part of the assessing the lakebed prior dock expansion. The video does not indicate shipwrecks. However, Heritage Canada has requested the tape be reviewed by a professional archeologist to ensure the presence or absence of shipwrecks. In the event shipwrecks are found, mitigation measures are required. 3.3.3 Fisheries Compensation The proposed dock expansion will result in the loss of 32 hectares of fish habitat. The area of expansion is considered to have limited capabilities of spawning due to the quality of sediment. The Department of Fisheries and Oceans (DFO) maintains a No Net Loss of fish habitat policy. DFO has agreed to the creation of a lake trout spawning shoal as acceptable compensation for loss of fish habitat. The proposed location for the spawning shoal is near Bond Head. Construction is expected to commence in July or August, 1996. The Company is required to maintain the shoal for two years. 3.3.4 Shoreline Processes Environment Canada had raised concerns regarding shoreline erosion to the east of the existing dock as a result of 529 REPORT NO.: PD- 108 -95 PAGE 7 widening the dock. Environment Canada consulted with Natural Resources Canada (NRCan) . The effects of the dock expansion on shoreline stability and sediment transport along the adjacent shoreline were reviewed. Both agencies concluded that the expanded dock area would not have a significant impact to the shoreline to the east. Monitoring programs will be implemented both east and west of the dock. The agencies note the effects of erosion can be mitigated with known technology. 3.3.5 Wildlife The Canadian Wildlife Service (CWS) has concerns with a potential increase in gull populations. The dock expansion is expected to create additional nesting areas. CWS is satisfied that the populations can be managed with known technology. 3.3.6 Noise and Dust Noise and dust levels are currently monitored for the dock operation and blasting. The levels are within the standards established by the Ontario Ministry of Environment and Energy (MOEE). Monitoring will continue throughout the construction of the dock expansion. Appropriate construction techniques should ensure that levels remain within those standards. 3.3.7 Navigation The installation of navigational buoys and lighting on the dock are considered satisfactory to the Coast Guard for navigational purposes. 4. STAFF COMMENT 4.1 Staff have reviewed the Coast Guard's Report and all other information that was used to render the decision of the application. We note that the Municipality's previous Report did not form part of the material received, nor are our concerns noted or referenced in the material. 530 REPORT NO.: PD- 108 -95 PAGE 8 We are satisfied that the issues surrounding Cultural Resources, Fisheries Compensation and Navigation have been appropriately addressed. However, we are of the opinion that a number of issues have not been sufficiently addressed. 4.2 Westside Creek Marsh and Raby Head 1 The impacts on the Westside Marsh and on Raby Head I from the dock construction or from subsequent dock activities are unpredictable. Monitoring both marshes will take place before during and after construction. Staff encourage the Coast Guard to require remedial measures if loss in wetland function is proven. 4.3 Justification of need and identification of type and volumes of commercial port activities. 4.3.1 Staff had noted this concern in our previous Report. Reports" submitted by the Company states the dock presently handles cargo for St. Marys operation and other users in the Region. The expanded dock will accommodate the simultaneous docking of two cargo ships as well as provide additional storage for cargo. Reports indicate that waterborne transportation is an economical way of shipping bulk cargo. It is essential to maintain the economic viability of the Company. The Reports do not provide any alternatives to transporting by water. Other shipping modes such as rail, trucking have not been assessed through the Federal review process. In 19931 the following volumes were handled by the existing dock: 531 REPORT NO.: PD- 108 -95 PAGE 9 OUTGOING • St. Marys Clinker 600,000 tonnes • St. Marys Cement 200,000 tonnes Total: 800,000 tonnes INCOMING • Municipal /Province Salt 200,000 tonnes • General Motors Coal 20,000 tonnes • St.Marys Coal 125,000 tonnes • St.Marys Gypsum 26,000 tonnes Total: 371,000 tonnes Other cargo not associated with St. Marys' operation form sixty percent of all incoming cargo, and twenty percent of the overall cargo handled on the dock. Reports indicate that "volumes will significantly increase as domestic and U.S. markets expand." There is no information as to the need for the simultaneous docking of two cargo ships and whether it is to accommodate St. Marys' or other commercial uses. Staff cannot find any information as to whether additional storage space will be used for the Company's operation or is necessary to meet other Regional needs. The type of cargo and projected volumes are not documented. The number of ships using this facility during the shipping season is not discussed. We are concerned that increased commercial activity on the dock may lead to unexpected negative impacts on neighbouring residential areas such as increased truck traffic and noise, and dust associated with moving cargo. St. Marys has mitigated noise and dust by constructing silos and conveyors to move their goods to and from the plant. However, other storage material must be moved off the dock by other means. 532 REPORT NO.: PD- 108 -95 PAGE 10 The construction of a berm on the eastern periphery of the existing dock will partially form a visual barrier to the dock operation, and may not serve to mitigate noise and dust from surrounding residential neighbourhoods. We are of the opinion the Federal EARP did not examine thoroughly the need for the dock expansion. Any significant impact on the environment should be weighed on the basis of need. We do not believe need has been demonstrated. As such, the EARP failed to address the impacts of the dock expansion and future operation on neighbouring residential areas. 4.3.2 St. Marys facility is being considered as a Regional Port Facility according to the Durham Region Official Plan and Durham Waterfront Report. The City of Oshawa is seeking to relocate industrial port activities including the bulk fuel tanks. The increased use of the dock for commercial purpose is premature and should be examined in light of the Region's policy directions. 4.3.3 In order to properly evaluate St. Marys' proposal, the Company must clarify and document its long term plan for these lands. Given the critical nature of the proposal, further development of this area should not be done in a haphazard manner. All information must be provided in order to fairly evaluate this proposal and subsequent proposals along the waterfront. 4.4 Review of Shoreline Processes 4.4.1 Documentation submitted by the Company related to effects on shoreline processes has been reviewed by Natural Resources Canada (NRCan). NRcan has provided an analysis of influences from the existing dock and expected influences from the dock expansion. Influences from Existing Dock NRCan notes the construction of the existing dock has three effects on natural shoreline process. 53- REPORT NO.: PD- 108 -95 PAGE 11 1. The existing dock introduces a barrier to some or all sediment transported alongshore. 2. The existing dock site was an area of erosion, once the dock was constructed less sediment was available for beach building. 3. The dock acts as a "hard point", which captures more wave energy and will leave behind sediment once it reaches a hard point. As such, sediment to nourish shoreline areas is diminished. A copy of NRCan's to the Coast Guard was obtained through the Access to Information and the Privacy Act. Much of the letter is "blocked out" so it is difficult to understand exactly what is implied by NRCan's comments on shoreline processes resulting from the existing and proposed dock expansion. Review of the shoreline processes are difficult given that there is no expertise on Staff. As, such we are unable to determine the conclusions of the federal review with respect to the existing dock. Influences from Dock Expansion NRCan notes that dock expansion will extend into the lake same length as the existing dock resulting in a minimal increase in shoreline erosion. 4.4.2 In addition to NRcan's discussion on the influences from the dock and dock expansion, they do predict an increase in lake levels as a result of hydrologic cycles as well as a gradual increase in relative lake levels. As such, shoreline erosion will continue in the future. Shoreline erosion is a concern property owners along the Bowmanville waterfront area. Residents are concerned about the 534 REPORT NO.: PD- 108 -95 PAGE 12 future use of their properties. NRCan suggests property owners in the area need to understand the shoreline process and the cause of shoreline erosion. 4.4.3 In addition to monitoring of shoreline activities before and after dock expansion, NRCan recommends a detailed study of wave activity is necessary to understand the short and long term impacts of the dock expansion. This recommendation is not carried forward in the Coast Guard's report. Staff are of the opinion that detailed examination of the shoreline erosion to the east of the dock should be undertaken. The study process should involve area residents so the processes are understood. 4.5 Monitoring Requirements: Extensive monitoring is required as a result of the dock expansion and extraction of Phase II. Verbal discussions with Coast Guard Staff indicate that they are proposing a Monitoring Committee be established. Representatives from government agencies and citizens could form the Committee. Details for the Committee's mandate have not been released, however criteria for monitoring and frequency of monitoring may be included. 4.6 Waterfront Regeneration Trust: The Waterfront Regeneration Trust has undertaken to assist the Municipality in resolving issues surrounding the Company's operation. The Westside Marsh, the relocation of CBM stone crusher and Hutton Transport are currently being examined by the Trust. The Trust will report their findings on these issues in October. The Trust has been reviewing the dock expansion issue. Staff will advise Council when the Trust has more information available. 535 REPORT NO.: PD- 108 -95 PAGE 13 5. SUMMARY AND RECOMMENDATIONS 5.1 The initial dock was constructed between 1974 and 1979. Our file records did not indicate that the local municipality was consulted, therefore any impacts on surrounding land uses were not examined. The dock has been in use for over twenty years, and it appears that there are some impacts from its creation and use. As such, we believe all the impacts should be understood before its size and usability increases. 5.2 After reviewing the documentation submitted as part of the Federal Environmental Review, it is Staffs conclusion that: • the examination of issues surrounding fisheries habitat was thorough and the compensation package for loss of habitat is sufficient; • the assessment of cultural resources is satisfactory and mitigation measures can be implemented in the event shipwrecks are found; • the mitigation for the impact of the dock expansion on Raby Head 1 and Westside Marsh are sufficient, however a remedial plan should be required in the event that loss of function can be proven; • the shoreline impacts of the existing is not fully disclosed; • there is a need for more study on shoreline process, including a wave activity to determine short and long effects of the dock; • the social impacts have not been addressed; • the need has not been sufficiently documented to justify the impacts of this project; • alternatives to shipping by water was not reviewed. 536 REPORT NO.: PD- 108 -95 PAGE 14 Since the Federal review did not address key concerns of the Municipality it is recommended that the Coast Guard revisit the application under the Navigable Water Protection Act and the EARPGO. 5.2 Finally, Staff commend St. Marys for participating in the Waterfront Regeneration Trust's process and for assisting in finding a workable solution to saving Westside Marsh. The Company has been co- operative and accommodating. Equally important, however is the need to ensure the quality of life for neighbouring residents and for the entire community is maintained and improved. Until the issues surrounding need for the dock expansion and future uses of the dock are discussed, Staff do not support the application under the Navigable Waters Protection Act. Respectfully submitted, a-0 Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development CS *DC *FW *df 25 September 1995 Reviewed by, !f4 9 W.H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Mr. Gene Wrinkle St. Marys Cement Corporation 2200 Yonge Street Toronto, Ontario. M5S 2C6 Mr. Michael McQuaid Weir and Foulds Exchange Tower Suite 1600, P.O. Box 480 2 First Canadian Place Toronto, Ontario. M5X 1J5 Mr. David Crombie Waterfront Regeneration Trust 207 Queen's Quay West, Suite 580 Toronto, Ontario. M5J 1A7 Mrs. Mavis Carlton Port Darlington Community Assoc. Group 2, Box 63 R.R. #2 Bowmanville, Ontario. L1C 3K3 537 REPORT NO.: PD- 108 -95 PAGE 15 Ric Symmes Sternsman International P.O. Box 660 Terra Cotta, Ontario. LOP 1N0 The Honourable Douglas Young Minister of Transport Transport Canada Place de'Ville, Tower C 29th Floor 330 Sparks Street Ottawa, Ontario. KlA ON5 Mr. Robert Kingston Director General Marine Navigation Services 6th Floor, Canada Building 344 Slater Street Ottawa, Ontario. K1A ON7 Mr. Alex Sheppard, M.P. 1240 Simcoe Street North Oshawa, Ontario. L1G 1X3 538 LOT 10 LOT 18 LOT 17 LOT 18 LOT 15 LOT 14 LOT 1J IA7 12 LOT 11 vi rl r o , i 3 H'� a -' ""'�R SIDE EEK ����;.• / / �� . . -r�;i ' Phase 3 0 C!1 _1 �, •1� �viLi.i3.^14 ?S I `f('�),l 1 Q) 0 c'�... ; Phase 2a I r� v Active' I-% e�llt N -j o^ AP %� v l O 11i Phase 2b �_ y . V, ..� Lake Ontario Phase 4 ' WESTSIDE CREEK MARSH •` RABY HEAD I � �•�` MARSH •,��� �i PROPOSED DOCK EXPANSION Source St Marys Cement Company LOT 10 0 O O Ii O r a w LL • _ Ar� cT M Ln