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HomeMy WebLinkAboutWD-1-91 UNFINISHED BUSINESS TOWN OF NEWCASTLE r � �. ~ REPORT File Res. # - _ - - By-Law # SING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: , JANUARY 7, 1991 REPORT #: WD-1-91 FILE #: B.BF. 12 . 03 &JB.ECT: ST. MARYS CEMENT COMPANY - OFFER OF 2000 TONS OF STONE FOR SHORELINE PROTECTION ON CEDAR CREST BEACH, BOWMANVILLE i RECOMMENDATIONS: It is respectfully recommended that the General Purpose and a Administration Committee recommend to Council the following: l 1. THAT Report WD-1-91 be received; i i 2 . THAT St. Marys Cement Company be thanked for their offer of j providing 2000 tons of pit run stone delivered in trucks for j i placement in front of that portion of the beach lying between the two properties owned by the Town on Cedar Crest Beach; 3 . THAT St. Marys Cement Company be advised that the proposal has been reviewed by the Town and it has been concluded that the placing of the stone, as suggested, will not solve the erosion problem and will not rectify the situation; I 4 . THAT the Director of Public Works be authorized to meet with the executive of the Port Darlington Community Association to investigate the feasibility of the use of the Local Improvement Act as a mechanism to provide a solution to the erosion problem; . . .2 Its REPORT NO. : WD-1-91 PAGE 2 5. THAT a copy of Report WD-1-91 be forwarded to Mr. Dickson Wood, St. Marys Cement Company; Mr. William Campbell, Central Lake Ontario Conservation Authority; Mr. Gordon White, Chairman, Port Darlington Community Association and the residents of Cedar Crest Beach located between the two properties owned by the Town on Cedar Crest Beach; and 6 . THAT they be advised of Council 's decision. REPORT 1.0 ATTACHMENTS No. l: Key Map No.2 : Correspondence dated May 3, 1990 from Mr. William Campbell, Chief Administrative Officer, Central Lake Ontario Conservation Authority i No. 3: Correspondence dated May 22, 1990, from C.E. Meta, Plant Manager, St. Marys Cement Company No.4: Correspondence dated October 10, 1990, from Mr. R. Warme, P. Eng. , Totten Sims Hubicki Associates I 2.0 BACKGROUND 2 . 1 At a regular meeting held on April 9, 1990, Council passed Resolution #C-272-90: I "THAT the delegation of Mr. Dickson Wood be acknowledged; I THAT Mr. Wood be thanked for advising Council of the possible date of the meeting with the area residents to discuss their concern relating to St. Marys ' application for dock expansion; . . .3 i i REPORT NO. : WD-1-91 PAGE 3 THAT St. Marys ' offer to bring in 2000 tons of stone to offset the shoreline erosion with the Town's assistance with placement of same be referred to the Central Lake Ontario Conservation Authority to liaise with the Director of Public Works; THAT all concerned residents be advised of St. Marys ' offer; and THAT the Director of Public Works report back to the General Purpose and Administration Committee on his discussions with the Conservation Authority FORTHWITH. " 3.0 REVIEW AND COIMNT 3. 1 Correspondence from the Central Lake Ontario Conservation Authority In his letter, Mr. Campbell expresses doubt that the placing of 2000 tons of stone is a proper solution and, in particular, states: "Great Lakes shoreline protection is a matter for coastal engineering. It is most effectively done with 3-5 ton armour stone, each of which must be fitted into place. " 3.2 Correspondence from Totten Sims Hubicki Associates Mr. Warme makes the following points in his letter: I 1. "With some reluctance Ministry personnel have indicated that they will issue a permit to construct the shoreline berm, essentially as proposed by the cottagers . " . . .4 Iii REPORT NO. : WD-1-91 PAGE 4 2 . "The Ministry of Natural Resources noted that the cottagers ' applications requested this form of protection "to reduce the rate of shoreline erosion" . When the construction permit is issued to the cottagers, it will clearly state that the cottagers must realize that this shoreline protection will provide only temporary relief from wave erosion. An armour stone revetment, properly engineered, is their preferred long term solution. " 3 . "A construction permit recently issued by the Central Lake Ontario Conservation Authority contains similar disclaimers and requirements . A copy of this permit is attached for your records . " 4 . "At this point, it is necessary that Totten Sims Hubicki Associates go on record to state that in our opinion, the material to be provided and the method of placement indicate that the shoreline protection to be afforded by these works will at best be only temporary and it is not possible for us to predict how long the material will remain in place. We have not expressed our opinion on this matter to the landowners as of j yet. " I 3.3 Discussions with Property Owners I have carefully reviewed this problem in the field and have discussed the problems and history of the area with some of the residents who have lived in the area for several years . ; During storms, the wave action in Lake Ontario delivers i tremendous energy to the shoreline. One of the residents stated that, "if we get a 'big blow' from the east, it could wipe out i the proposed shoreline protection in less than a day" . I believe her. � s . . .5 REPORT NO. : WD-1-91 PAGE 5 3.4 The Proposed Works Should Not Proceed Based on the above, it is my opinion that the proposed works will not solve the problem, will be a waste of money and should not proceed. 3.5 A Solution Must Be Found Many of the property owners on Cedar Crest Beach have spent a considerable amount of money and hard work erecting gabions and other protective devices on their beaches . It is my opinion that they are temporary only and unless a more permanent solution is found, it would appear that some of the property owners on Cedar Crest Beach may lose their homes 3.6 Local Improvement Act Section 2 .-( 1) (m) of the Local Improvement Act reads as follows: A work of any of the characters or descriptions hereinafter mentioned may be undertaken by the Council of a corporation as a local improvement, (m) constructing retaining walls, dykes, breakwaters, groynes, cribs and other shore protection works along the banks of rivers, streams or creeks or j along the shores of lakes; " i i .6 I REPORT NO. : WD-1-91 PAGE- 6 Section 7 .-( 1) reads in part, as follows: A by-law may be passed for undertaking a work as a local improvement, (a) on petition (b) without petition, on the initiative of the Council, hereinafter called the initiative plan, except in the case of a park or square or public drive mentioned in Clause 2 ( 1) (L) ; " Other sections of the Local Improvement Act provide for the method of obtaining a petition, the number of signatures required on a petition before the works can proceed, appeal to the Ontario Municipal Board by persons opposed to the works, the assessment of the costs to the benefitting property owners, the financing of the costs by the Town and the repayment of the costs to the Town either by cash or by taxes over a period of time, usually between ten to twenty years . 4.0 CONCLUSIONS i 4. 1 From the above, it is concluded: 1. The placing of 2000 tons (or more) of stone on the shoreline of the properties on Cedar Crest Beach will not solve the erosion problem and will not rectify the situation. i 2 . Unless a solution to the erosion problem is found soon, some of the property owners on Cedar Crest Beach may lose their homes . I . . . 7 i REPORT NO. : WD-1-91 PAGE 7 3 . The correct solution to the erosion problem is to have erosion protection works designed by a qualified professional engineer experienced in coastal engineering and shoreline protection. 4 . The Local Improvement Act provides a mechanism to provide for the property owners working toward a common solution and a means of financing the costs involved and paying the costs over a period of time. This option should be further investigated in consultation with the property owners. Respectfully submitted, Recommended for presentation to the Committee, -- ---- - ----------------- Walter A. Evans, P.Eng. , Lawrenc Kotseff, Director of Public Works Chief nistrative Officer WAE*llv December 17, 1990 Attachments Mr. Dickson Wood Mr. & Mrs . Terry Wynn Corporate Secretary 71 Cedar Crest Beach St. Marys Cement Company Group 5, Box 27 2200 Yonge Street R. R. #2 Toronto, Ontario Bowmanville, Ontario M4S 2C6 L1C 3K3 Mr. William Campbell Mr. & Mrs . Derek Lamont Chief Administrative Officer 67 Cedar Crest Beach 100 Whiting Avenue Box 23, R.R. #2 Oshawa, Ontario Bowmanville, Ontario L1H 3T3 L1C 3K3 Mr. Gordon White, Chairman Mr. & Mrs. Hugo Kleinjan Port Darlington Community Association 79 Cedar Crest Beach Group 2, Box 21 Group 5, Box 28 R.R. #2 R.R. #2 Bowmanville, Ontario Bowmanville, Ontario L1C 3K3 L1C 3K3 I 'I . . .8 i REPORT NO. : WD-1-91 PAGE 8 Janet Patch Mr. & Mrs . R. Mitchell 37 Cedar Crest Beach 81 Cedar Crest Beach R.R. #2 R.R. #2 Bowmanville, Ontario Bowmanville, Ontario L1C 3K3 L1C 3K3 Mr. & Mrs . Raymond Myette Ms . Ann Footitt 40 Tarsus Crescent 373 The Thicket West Hill, Ontario Mississauga, Ontario M1C 3W7 L5G 4P6 Mr. Douglas Baker Ms . Esther Poupart 9 Miramar Crescent 55 Cedar Crest Beach Scarborough, Ontario R.R. #2 M1J 1R3 Bowmanville, Ontario L1C 3K3 Mr. & Mrs . James Flood Mr. & Mrs . Tissaaratchy Group 5, Box 14 69 Cedar Crest Beach R.R. #2 R.R. #2 Bowmanville, Ontario Bowmanville, Ontario L1C 3K3 L1C 3K3 Mr. David Ashcroft 63 Cedar Crest Beach Box 36, Group 5 R.R. #2 Bowmanville, Ontario L1C 3K3 i i I I D O a PGA 0� 5� J Q� TOWN SOP PROPERTY Q G \ SHORELINE \ RECEIVING PROPOSED STONE ei a ISr.I as uaa F � • W� f N PORT DARLINGTON DRAWN S. R. EDATE : NOV, 14 90 I SUBJECT SITE ATTACHMENT NO, 1 KEY I �AKE -. APP I !lot V,. 0 44/ - 99 i o o � Lq 7,10 N P CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY 100 WHITING AVENUE,OSHAWA,ONTARIO L1 H 3T3 TEL:(416)579-0411 FAX:(416)579-0994 REF NO. May 3, 1990. Mr. W. A. Evans, Director of Works, Town of Newcastle, 40 Temperance Street, Bowmanville, Ontario L1C 3A6 Dear Sir: Re: St. Mary's Cement Corporation Offer of Shoreline Protection at Bowmanville Beach We are in receipt of the Town's letter of April 30, 1990 concerning the referenced matter, and it raises several issues. The letter mentions im- porting 2,000 tonnes of stone and placing it with the Town's assistance. What kind of stone? From what source? What equipment and expertise does the Town possess for such an undertaking? Great Lakes shoreline protection is a matter for coastal engineering. It is most effectively done with 3-5 ton armour stone, each of which must be fitted into place. This is specialized work and it would be unusual to find such capability for performing it within a municipal Works Department. Also, we know of no local source of suitable armour stone. Materials from the St. Mary's quarry are porous and friable. Lastly, the letter does not describe the length of shoreline to be pro- tected, but 2,000 tonnes of stone will not provide for an extensive strip, nor indeed may everyone appreciate the aesthetics of such protection. Yours truly, W. M. Campbell, WMC/jmb Chief Administrative Officer, A T ACH LJfIE�J I WD-1-91 1 r � .t I I <- - - S$ Marys Cement Co. St. Marys Cement ST N1ARYS Company P.O. Box 68 Bowmanville, Ontario L1C 3K8 1416) 623-3341 May 22, 1990 MAY 10190 1t�'•'"-:3 '�f" iii'".�`. .�-c To The Residents of F_ Cedarcrest Beach Dear Neighbour, As a follow-up to our last open house, we propose that the next open house be held at -the Technical Centre (410 Waverly Rd. , S. , just south of the St. Marys Cement Company access road) on Mon- day, June 11 , 1990 between 5:30 and 8:30 p.m. At the open house, the issues of noise, dust and blasting will be discussed. Recently some Cedarcrest Beach residents and the Port Darlington Community Association had requested St. Marys' assistance as a neighbour in respect of design of protection for beach homes from shoreline erosion. As a goodwill gesture, we are prepared to provide 2000 tons of pit run stone delivered in trucks for place- ment in front of that portion of the beach lying between the two properties on the beach owned by the Town. We have requested the Town of Newcastle's permission to use their property for access to the waterfront and to assist you in placement of the stone. The Town, prior to granting access, has referred the matter to the Central Lake Ontario Conservation Authority. . In due course the Town's Director of Public works will be in touch with .you. Looking forward to seeing you at our next open house. Yours very truly, ST. MARYS CEMENT COMPANY C. E. Meta Plant Manager ATTACHMENT 1'10 .3 t^JD-1-01 A divlsum of Si. Marys C(�wnl Corix)(auon i G.L.TOTTEN B.Sc., P.Eng. R.E.SIMS B.A.Sc.,P.Eng. J.M. HUBICKI B.A.Sc.,OAA,P.Eng. R.L.WINDOVER M.Sc.,P.Eng. P.C. EBERLEE B.A.Sc., P.Eng. CONSULTANTS TOTTEN SIMS HUBICKI ASSOCIATES(1981)UMITED 1A KING STREET EAST P.O.BOX 398,COBOURG ONTARIO,CANADA K9A 4L1 totten sims hubicki associates (418)372.2121 FAX(418)372,Wl Mr. Don Patterson Manager of Operations Corporation of the Town of Newcastle 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 October 10, 1990 Dear Sir: Re: Cedar Crest Beach Shoreline Erosion, TSH Project no. 24 14029. We have discussed, in detail, Cedar Crest Beach shoreline erosion problems with Ministry of Natural Resources personnel including Mr. Dean Rivett of the Lindsay District Office and Mr. Quazi Alam, P.Eng. of the Central Region office. With some reluctance Ministry personnel have indicated that they will issue a permit to construct the shoreline berm, essentially as proposed by the cottagers. They assume that St. Marys will provide the required stone, delivered to the site, and the Town will provide a machine and operator to spread it as it is delivered. (We are not aware of the Town making a commitment to provide a machine) . Although there are no fisheries concerns, they insist that the material be placed as close along the shoreline as possible and against the existing gabion baskets. The Ministry of Natural Resources noted that the cottagers' applications requested this form of protection "to reduce the rate of shoreline erosion" . When the construction permit is issued to the cottagers, it will clearly state that the cottagers must realize that this shoreline protection will provide only temporary relief from wave erosion. An armour stone reventment, properly engineered, is their preferred long term solution. The Ministry of Natural Resources requirement for works tight to the existing shoreline stems from the fact that offshore lake bottom is Crown land and would require purchase of a water lot by each individual cottager (a process involving several years of negotiations with the Federal Government and considerable expense) . A construction permit recently issued by the Central Lake Ontario Conservation Authority contains similar disclaimers and requirements. A copy of this permit is attached for your records. ATTAC!H1`1E9JT ;J014 ENGINEERS ARCHITECTS AND PLANNERS � i cont'd. 2 Town of Newcastle - Cedar Crest Beach 2. October 10, 1990 The Ministry of the Environment was contacted by the Ministry of Natural Resources, but no comments were received regarding the proposed works. To this point, Ministry of Natural Resources has released a "Location Approval" only. A copy of this correspondence is also attached for your files. You will note the Ministry's additional requirements before their construction permit will be issued. We assume you wish Totten Sims Hubicki to supply the required plans and specifications, including: i) shoreline protection details, ii) construction material details. An additional item concerns shoreline protection for the Town's property immediately east of the Waverly Road road allowance and possibly Lot 23, owned by the numbered Toronto company. Do you wish your lands to be protected, including the trimming of the steep buff at the shore? Will St. Marys provide materials for this section? Their current offer of 2,000 tonnes of stone falls far short of the possible 10,000 tonnes we estimate is required for the cottagers, plus an additional 5,000 tonnes for the Town's lands. Further, if your lands are to be protected together with the rest, an application to the Ministry of Natural Resources and Central Lake Ontario Conservation Authority must be sent out immediately. (It will receive fast-track processing, we have been assured) . At this point, it is necessary that Totten Sims Hubicki Associates go on record to state that in our opinion, the material to be provided and the method of placement indicate that the shoreline protection to be afforded by these works will at best be only temporary and it is not possible for us to predict how long the material will remain in place. We have not expressed our opinion on this matter to the landowners as of yet. We await your comments and instructions on the above items. Yours very truly, I TOTTEN SIMS HUBICKI ASSOCIATES i Rudi Warme, P.Eng. RW/rd encl. i cc: Mr. W. A. Evans, P.Eng. , Town of Newcastle Mr. D. R. Bourne, TSH I totten sims hubicki associates 4698/6/3/WR I September 7, 1990 Our File: 4.29.8 LNWP# 60/90 I Mrs. Rose Wynn R. R. # 2. Box 27 Bowmanville, Ontario L1C 3K.3 Dear Rose: SUBJECT: Application Assessment under the Lakes and Rivers Improvement Act Lot 14, Conc. BF, Darlington Township. The District assessmjnt of dour proposal bas been completed and finds the location for your work to be acceptable. No approval to commence work has been granted. Under the provisions of the Lakes and Rivers Improvement Act you must now submit to this Mlnistry -for review, ,your plans and specifications for the work. They must inc,ludke tine foti-owing information, 1 . ful t description of how the beach prote,ctiQn is -to be constructed: 2 . a cietai led descript`:on of alt construction nteriatS to be usedl. T;)e Ministry may require you to furnish additional 'Dfarmactiom as is considered necessary far tk�e purpose of reviewing �¢>ur application. Please forward three (3) copies of the completed puns and specifications for the project, to this office. Yours truly, i Z,--Paul trans rger District Manager, Lindsay District Ministry of Natural Resources 322 Kent Street West Lindsay, Ontario K9V 4T7 1-705-324-6121 D.Rivett/am c.c. — Don Paterson, Town of Newcastle — Totten Sims Hubicki Associates a `� e V -XXIVED 0 AUG 14 1990 o n of Natural Resources Z. Q Lq r10N PO LINDSAY DISTRICT CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY I 100 WHITING AVENUE,OSHAWA,ONTARIO L1H 3T3 (416) 579-0411 REF NO. August 8, 1990. Ministry of Natural Resources, - - --i Lindsay District, 322 Kent Street West, i Lindsay, Ontario, K9V 4T7. !.. _..--- Attention: Mr. P. A. Strassburger i Dear Sir: J �Gp a Subject: Comments on an Application for- Mork, . ------1 The Residents of Cedar Crest Beach c/o Rose Wynn, Lot 14, Broken Front Concession, Town of Newcastle, Your File: 4.29.8 LNWP#60/90 In response to the above subject matter, Authority staff provide the following comments. Authority staff note that the location of the proposed work is within an area regulated by the Central Lake Ontario Conservation Authority, under Ontario Regulation 161/80. Staff further note that at the June 26, 1990 meeting of the Authority Board, the Residents of Cedar Crest Beach received Authority approval for this project subject to specific conditions (Authority Permit N90-113-F enclosed) . Also enclosed for your information is a copy of the report, including Authority Resolution #125 whereby Authority approval for this project was granted by the Authority Board. i We thank you for this opportunity to comment on this matter. We would appreciate receiving in writing your decision on this matter. Yours truly, Robert Hersey, Planning Technician. _ l RH/ms 4 CEN' L LAKE ONTARIO CONSERVATIOI 'JTHORITY �r_ 5 4 6 c.��1 �^ •�'o x#"$6�T'E�"tYdrl�StybAt�dt9t',�Wt#ttt3y�;�fSt9Pi'6r,�#{'�Q�K8 - ( 100 Waiting Avenue 7O�awa, Ontario, UH 3T3 PERMIT No. G�s�9�Arroh h° File No. N90- _3-F Os*.awa,Whitbw, Ontario,7une 29, 161/80, In accordance with Ontario Regulation s8{Lc .72, permission as been granted to RE.IDENTS OF CrDAR CREST BEACI? Phone X23-7927 Address House #43 - 83 Cedar Crest Beach Road, R.R% No, 2, Bowmanyille ontariQ Location: Lot 13 Concession Broken Front Municipality Newcastle Municipal Address For the following works: place fill to pzcvi4e shoreline prote,:tion. on the above-described property During the period of June 29, 19 9G to June 29, 1991 subject to the following general and specific conditions: General Conditions: See Reverse Side Specific Conditions: _. _;le project ShLll �e OLL ac: c : .,-.c o tthe plans and spccifications sul-,nit.ted in support of the application. Auc:,or'_t; in no ..ay gu£I �s or authorizes thy propcsec_ wort: as an e*,r7z Yi�:�� cns Qb<1rH\\ term e.osion protc•::Lion. `:'..c enus c,i `:lie proposed structure shall L.e tapered to jc�n ;.hc s:lo_el_ne ai adjacent properties. 4. All areas disturbed during the operation shall be seeded, socded or stabilized in some other manner acceptable to the Authority. I, Rose Wynn agree to carry out or cause to be carried out the work(s) indi- cated above in compliance with the General and Specific conditions set out herein, and in accordance with the information contained in the application and any accompanying plans. 1 realize that should I carry out the work(s) contrary to the terms of this permit that this permit may be revoked. I also realize that this permit is valid only for the time period noted and I agree to reapply to the Authority prior to the expira- tion of this period should an extension be required. (PLEASE ALSO SIGN ON REVERSE SIDE, EACH COPY) Signature of Applicant , Signature of Enforcement Officer CHRISTOPHER L. CONTI Signature of Owner NOTE: This Permit does not relieve the applicant of the obligation to secure any other necessary approvals. « *�LAKE G File No. Ugn�-F o 4 �4loom 0'J j CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY 100 Whiting Avenue, Oshawa, Ontario, L1 H 3T3 579-0411 Fax 579-0994 E FILL _SEe Telephone 3 7 Z 1, Name of applicant �" _ ��+ n Address 2. Name and address of owner (if different fro m applicant) A '- z'f'* - unicipa Y lit 3, Location of area to be filled: Lot nc / _� Coession i Municipal address and registered Plan (where applicable) a / n 1 r- 4. Proposed use of land following completion of fill 5. Description of type of fill proposed S 6. Proposed means of stabilization and revegetation of fill area ` J '�` -> / e 7. Dates between which placing of fill will be carried out 3 i a !2 o Date of completion Year Date of start S �' Day M nth Day Month Yesr declare that the above information is correct to the best I, Lake Ontario of my knowledge and I agree to abide by the Regulations made by the Central nserva- tion Auth ity under The Conservation Authorities Act. Date �lc / 9C _ -----"f"� Signature of Applicant NOTE signature of nar or thorized Agent application must be accompanied by TWO COPIES of a plan of he prO he depth to which it is 1. This app grades is to be placed, showing the proposed location of the filling, existing g proposed to fill, and the proposed final grade of the land when filling is completed. I �'. � 6 i / b d WAVERLEY ROAD \ ' \\ �J '` /p•� r �Oa REGIONAL STORM---- FLOODLINE O '� LOCATION OF PROPOSED 11 WORK a o I o � i i i 1" = 400' , CENTRAL LAKE ONTARIO, `ONSERVATION AUTHORITY DATE: ,Tune 21, 1990 FILE: N90-113-F S.R. : 2694-90 APPROVED BY C.A.O. MEMO TO: The Chairman and Members of the Authority FROM: Chris Conti, Conservation Services Manager APPLICANT(OWNER) : Residents of Cedar Crest Beach I APPLICATION(S) : To place fill to provide shoreline protection. LOCATION OF SITE: Lot 13, Broken Front Concession, Newcastle WATERCOURSE DESCRIPTION: Lake Ontario ELEVATION OF SITE: N.A. FLOODLINE ELEVATION: N.A. (REGIONAL STORM) ADDITIONAL INFORMATION: The applicants live in the Cedar Crest Beach area of Bowmanville which is a location that has suffered erosion damage in recent years due to the action of Lake Ontario. The residents have been attempting to correct the erosion problem and have received an offer from St. Mary's Cement to dump quarry stone on the lake side of the properties. The area is regulated for filling due to its proximity to Westside Creek and therefore Authority permits are required for the work. The material to be used will be material from the quarry blast and I I I FILE: N90-113-F S.R. : 2694-90 June 21 , 1990 Page 2 :i Res. #125 .. tl:e application be approved subject to the fol"OWTZng cond.tions: 1. The project shall be carried out according to the plans and specifications submitted in support of the application. 2. The Authority in no way guarantees or authorizes the proposed work as an effective means of long-term erosion protection. 3. The ends of the proposed structure shall be tapered to join the shoreline at adjacent properties. 4. All areas dis�urhed during the operation, shall be seeded, sodded or stabilized in some other manner acceptable to the Authority. CARRIED I I I i i i