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Report To: General Government Committee
Date of Meeting: June 17, 2019
Report Number: CAO-006-19 Resolution: GG-381-19
File Number: PLN 15.2.2 By-law Number:
Report Subject: Cedar Crest Beach Update
Recommendations:
1. That Report CAO-006-19 be received;
2. That Council endorse the request made by the Port Darlington Community Association
(PDCA) for funding support from the Provincial and Federal Government for
implementation of shoreline erosion works;
3. That Municipal and Central Lake Ontario Conservation Authority (CLOCA) Staff
continue to seek funding for land acquisition and shoreline erosion works, since public
ownership is necessary to demonstrate public benefit;
4. That upon completion of the Lake Ontario Shoreline Management Plan (an update to
the 1990 Sandwell Swan Wooster Inc. report) and Clarington's comprehensive
waterfront planning review, the Municipal Land Acquisition Strategy priorities, required
funds and financial impacts, be reviewed;
5. That in advance of the Municipal Land Acquisition Strategy review, consultation with
residents and other levels of government about how a program could be developed,
funded and what criteria and incentives it could include, be jointly facilitated by the
CLOCA and Municipal Staff;
6. That the shoreline natural hazard policy request of CLOCA Board Resolution #38 be
referred to Staff for implementation through the comprehensive review of the
Municipality's zoning by-laws;
7. That the options of raising the road or constructing a flood mitigation berm be pursued
in conjunction with the shoreline erosion works;
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8. That Municipal and CLOCA Staff request the Province and Federal government enter
into a partnership with the Municipality to provide a fair and equitable solution for the
residents of the Port Darlington (west shore) reach;
9. That the Municipality request CLOCA to finalize its reports taking into consideration
Municipal comments included in this Report and including a summary of public
comments provided on the Draft Proposed Port Darlington (West Shore) Shoreline
Management Report and supporting studies;
10. That a copy of Report CAO-006-19 and Council's decision be forwarded to CLOCA, the
Regional Municipality of Durham, local MPPs and MPs, the Federal Minister of
Environment and Climate Change, Provincial Minister of Natural Resources and
Forestry, and the Minster of Environment, Conservation and Parks; and
11. That all interested parties listed for Report CAO-006-19, including all landowners in the
Port Darlington (west shore) reach and any delegations, be advised of Council's
decision.
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Report Overview
The Cedar Crest Beach Road portion of the Port Darlington (west shore) reach has
experienced flooding in 2017 and again in 2019. Prior to this flooding the residents
approached the Municipality seeking a solution to address shoreline erosion. This report
focuses on shoreline erosion and how it can be mitigated. This report summarizes what has
occurred over the past three years, the studies that have been undertaken, and subsequent
recommendations and requests of the Municipality by the Central Lake Ontario Conservation
Authority Board. This report recommends additional actions by the Municipality and
Conservation Authority and includes requests of other levels of government.
1 . Background
1.1 The reach of Lake Ontario shoreline that is the subject of this report, referred to
hereafter as the Port Darlington (west shore) reach, extends from the St. Marys Cement
docking facility eastward to the piers at the mouth of Bowmanville / Soper Creek
(approximately 1,800 metres). Both the Westside Creek watershed and Bowmanville
Creek watersheds drain into Lake Ontario along this stretch of shoreline, each by way of
a Provincially Significant Coastal Wetland Complex and dynamic barrier beach system.
The shoreline is subject to multiple natural hazards, including flooding, erosion and
dynamic beach, and to riverine flood hazard from the adjacent creek and marsh
systems.
1.2 On June 20, 2016, a petition from residents on Cedar Crest Beach was brought forward
to General Government Committee calling for the development and implementation of a
comprehensive shoreline protection plan to address erosion concerns along the Port
Darlington (west shore) reach. The purpose of this petition was to request municipal
expertise and assistance with coordinating a unified plan for erosion mitigation on
private lands in the area. In response to this request, Council approved resolution
#GG-341-16 referring the petition to Staff and requesting a report to outline
recommendations.
1.3 Following a detailed review of available background information, consultation with the
petitioners, St. Marys Cement, Central Lake Ontario Conservation Authority (CLOCA)
and Ganaraska Region Conservation Authority (GRCA), and the presentation of options
in Report EGD-015-17, a series of resolutions respecting shoreline safety and erosion
were approved. Council directions are set out in the following resolutions (see
Attachment 1):
Resolution # Date Subject
GG-356-17 June 19 Cedar Crest Beach Erosion Mitigation
GG-357-17 June 19 Request to Strike Committee to Review Mitigation and
Safety Plan for Great Lakes and St. Lawrence Seaway
Communities
C-203-17 July 3 Cedar Crest Beach Erosion Control Engineering
Solution
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1.4 In September 2017, an update on the status of the above resolutions was provided in
Report CAO-009-17. In addition, Report CAO-009-17 outlined a joint agreement
between Municipal and CLOCA Staff to update and complete the Port Darlington
Shoreline and Flood Damage Centre Study Draft Report (Aqua Solutions; Mar. 2004).
This update was considered a necessary first step in determining potential future
courses of action related to shoreline management in the Port Darlington (west shore)
reach. Resolution #GG-420-17 approved financing to update the study from the
Westside / Bowmanville Marsh Reserve Fund.
1.5 Also in September 2017, concurrent with this area specific review, a collaborative
undertaking was initiated to update the more extensive Lake Ontario Shoreline
Management Plan (Sandwell Swan Wooster Inc.; Dec. 1990) (referred to hereafter as
"the Sandwell Report"). This coastal engineering study was originally prepared in 1990
for the Central Lake Ontario, Ganaraska Region and Lower Trent Conservation
Authorities. It provided shoreline management direction for each authority's respective
Lake Ontario shoreline area, extending approximately 135 km along the north shore of
Lake Ontario. The Sandwell Report included the definition of flood and erosion limits for
the shoreline within the boundaries of the three Conservation Authorities and land use
considerations that inform development requirements (e.g. setback requirements,
Regulatory Shoreline Area) today. In 2018, an update of this plan was jointly initiated
by CLOCA, GRCA and Lower Trent Conservation, with support from the affected
municipalities. Staff are participating on the project steering committee.
1.6 In late 2017, Aqua Solutions 5 Inc. was retained by CLOCA for the update and
completion of the 2004 Port Darlington Shoreline and Flood Damage Centre Study Draft
Report. As a component of this project, sub-consultant W.F. Baird & Associates
Coastal Engineers Ltd. was retained to examine the shoreline processes in the Port
Darlington (west shore) reach and to identify potential engineering solutions at a
conceptual level to address shoreline erosion. Further, CLOCA prepared a Report on
Flooding, assessing the impacts of riverine and Lake Ontario flooding on the Port
Darlington (west shore) reach and potential flood mitigation options. The findings and
recommendations of these supporting studies were integrated into and informed the
recommendations of the Draft Proposed Port Darlington (West Shore) Shoreline
Management Report.
1.7 On March 19, 2019, the Draft Proposed Port Darlington (West Shore) Shoreline
Management Report (Aqua Solutions 5 Inc.; Dec. 2018) and supporting studies (draft
Port Darlington Shore Protection Concepts (Baird & Associates; Nov. 2018) and draft
Port Darlington Community Shoreline Management Plan: Report on Flooding (CLOCA;
Nov. 2018) were presented to the CLOCA Board. An outline of the study findings and
CLOCA Staff recommendations are provided in CLOCA Staff Report 5630-19
(Attachment 2). The resulting CLOCA Board Resolution #38 is provided as
Attachment 3.
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1.8 On May 21, 2019, Clarington Council referred CLOCA Board Resolution #38 to Staff to
report back at the General Government Committee meeting of June 17, 2019. The
following matters set out in the resolution require certain action by the Municipality:
x Consultation on the development of a "long-term incremental voluntary land
disposition program" for select lands in the Port Darlington (west shore) reach;
x Implementation of shoreline natural hazard policies in the Municipal zoning by-
laws;
x Consideration and implementation of options to improve safe access along
municipal roads in the Port Darlington (west shore) reach, where feasible and
appropriate; and
x Pursuit of a shoreline erosion control engineering solution for a portion of the Port
Darlington (west shore) reach, pending the results of negotiations with potential
funding partners.
1.9 The purpose of this report is to inform Council on the above matters, outline the
potential implications for the Municipality, and provide recommendations. In addition,
Council referred the delegations of May 27 regarding Council's consideration of CLOCA
Board Resolution #38 to Staff. These delegations have been considered when
preparing this Report, as well as additional correspondence received by the Municipality
subsequent to the consideration of CLOCA Staff Report 5630-19 by the CLOCA Board.
2. Long-term Voluntary Land Disposition Program
2.1 CLOCA Board Resolution #38, item 3, recommends that:
...consultations be commenced, to be led in collaboration between the Municipality
of Clarington, Region of Durham and CLOCA, for the development of a Long-Term
Incremental Voluntary Land Disposition Program for lands in the Port Darlington
Area that are deemed to have unacceptable risk from natural hazards, based on the
principle of willing seller-willing buyer...
2.2 Long-term incremental voluntary land disposition refers to an approach to gradually shift
the land from private ownerships to public ownership by paying fair market value at the
time the land owner chooses to sell. Voluntary disposition was recommended as the
long term solution to resolve unacceptable risk from natural hazards. This
recommendation came from the Draft Proposed Port Darlington (West Shore) Shoreline
Management Report (Aqua Solutions 5 Inc.; Dec. 2018).
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2.3 The majority of respondents who provided comments on the studies did not favour a
voluntary disposition program, primarily due to fear that actual value of the property will
not be realized in the process and loss of community vibrancy. It was seen by
respondents as a last resort. Respondent's recommended additional incentives be
considered, such as lease-back and life estate options allowing the current owners to
stay for a period of time.
2.4 According to CLOCA Staff Report 5630-19 (Attachment 2), CLOCA recommends that a
voluntary disposition program be developed for the lands within the Port Darlington
(west shore) reach that do not have safe access and where it is not feasible to provide it
in the future. As recommended, "the program should define eligibility criteria based
upon level of hazard risk, should ensure fair market value for acquisitions, be based on
a willing seller/willing buyer principle and should include incentives for willing sellers.
Funding for the program should be researched, but should be provided at least in part
by senior levels of government. Federal funding may become available through special
programs, and additional municipal funding would need to be in reserve."
2.5 Each collaborator referenced in CLOCA Board Resolution #38 has an independent land
acquisition strategy. CLOCA's land acquisition strategy (2012) identifies Primary and
Secondary acquisition areas. Lands surrounding CLOCAs current holdings are all listed
as Primary acquisition areas. However the lands surrounding the
Bowmanville/Westside Marsh Conservation Area are not specifically identified for
acquisition. Rather, CLOCAs efforts are to be placed on restoration activities at this
location. In addition, CLOCAs land acquisition strategy targets areas of natural heritage
value rather than erosion protection. It could be argued that acquiring the dynamic
beach area in front of Westside Marsh would provide significant buffering for Westside
Marsh, which is of high natural heritage value.
2.6 The Region of Durham has created a land acquisition policy titled "Durham Region Land
Acquisition Policy for Conservation Authorities, 2007" for the acquisition of greenlands
in the Region of Durham. It sets out environmental and financial criteria and is available
to Conservation Authorities subject to project approval and annual funding allocation.
Durham Region continues to be CLOCA's largest financial supporter for land
acquisition.
2.7 Clarington's Land Acquisition Strategy is a guide for the acquisition of land for various
public uses, such as parks, indoor recreation facilities, fire halls, libraries, civic precincts
and trails. Lands are acquired through a variety of mechanisms including purchases,
donations, dedication, and tax arrears.
2.8 The Municipality has strategically been acquiring lands in Clarington, and in particular
along the Lake Ontario waterfront, since 2000. Reasons for public acquisition include
recreation, community facilities, ecologically significant areas, public safety, and
transportation. Specifically along the waterfront, priority has historically been based on
acquisition for municipal park purposes. Waterfront acquisitions have been carried out
as properties have become available on a willing seller/buyer basis with the exception of
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specific strategic properties which the Municipality expropriated to create the East and
West Beach portions of the Port Darlington District Park.
2.9 On October 10, 2017, the Municipality's current Land Acquisition Strategy, was
approved by Council as the guide for acquiring land and budgeting for its acquisition.
Waterfront acquisitions for Bowmanville were confined to the Port Darlington District
Park area along West Beach Road. The lands along Cedar Crest Beach Road are not
identified a part of the current Municipal Land Acquisition Strategy.
2.10 The Draft Proposed Port Darlington (West Shore) Shoreline Management Report (Aqua
Solutions 5 Inc.; Dec. 2018) report outlines the basis for recommending a voluntary land
disposition program as the presence of the multiple natural hazards could potentially
impact the area and the associated risks to humans and property. CLOCA
recommends that consultation with affected property owners be commenced as a first
step in the development of an acquisition program. Affected property owners include
the owners of those lands which have been determined to have an unacceptable risk
from flooding and erosion, and where it is not feasible to adequately mitigate the risks in
the future. It is estimated 52 properties would be affected, including 12 residential
properties on West Beach Road (the remainder are owned by the Municipality) and 40
residential properties on Cedar Crest Beach Road (the remainder are owned by the
Municipality or St. Marys Cement).
2.11 CLOCA cites the need for additional municipal funding allocation to support such a
voluntary land disposition program. For the Municipality to add the affected properties
into the Municipal Land Acquisition Strategy, an overall review of the priorities, estimate
of acquisition costs and financial analysis would be necessary.
2.12 Comprehensive planning of Clarington's waterfront by the Municipality dates back to the
early 1990's. This work provided the basis for a long-term strategic plan for the
enhancement, preservation and development of the Lake Ontario waterfront in
Clarington. Amongst the priorities for this work was the identification of areas for public
and/or private sector acquisitions and/or management to facilitate the achievement of
waterfront area planning objectives, including additional waterfront park lands and areas
requiring shoreline protection. To date, the Municipal Land Acquisition Strategy has
only included a limited section of the Port Darlington (west shore) reach for the
development of West Beach portion of the Port Darlington District Park.
2.13 Upon completion of the update to the Sandwell Report, an update to the waterfront plan
for Clarington will be needed. Recognizing that the Sandwell Report update could
include additional considerations for land acquisition for CLOCA, GRCA, the Region of
Durham, and the Municipality; Staff recommend that the initiation of discussion with
potentially affected landowners in the Port Darlington (west shore) reach not occur prior
to the completion of this study. In addition, updating of Clarington's waterfront plan,
taking into consideration all of these studies, will inform future Municipal Land
Acquisition Strategy updates.
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2.14 While there has not been a formal request to include Cedar Crest Beach Road
properties in the Municipal Land Acquisition Strategy, Staff can provide an overall
ballpark estimate for acquisition based on recent purchases along the West Beach
portion of Port Darlington District Park. It is estimated the cost in 2019 dollars would be
between $35 - $40 million for acquisitions, structure demolition and decommissioning of
wells and septic systems. The Municipal Land Acquisition Strategy is a 20 year
projection for all Municipal land needs and adding these properties into the priorities
would require a rework of the financial analysis and extension of the timeline.
3. Implementation of Shoreline Natural Hazard Policies
3.1 CLOCA Board Resolution #38, Item 4, requests that:
...the Municipality of Clarington implement the Clarington Official Plan Regulatory
Shoreline Policies as amended by Official Plan Amendment 107, and the CLOCA
Policy and Procedural Document for Regulation and Plan Review, through a Zoning
By-law enacted under the Planning Act.
3.2 The following provides an overview of the current relevant planning policy regime
elements along the Lake Ontario shoreline in the Port Darlington (west shore) reach:
x The Provincial Policy Statement (PPS) sets out the policy foundation for regulating the
development and use of land in Ontario. In both the 2005 and 2014 PPS, Section 3.1
deals with the protection of public health and safety, and requires that development be
directed to areas outside of hazardous shoreline and riverine lands which may be
impacted by flooding, erosion, and/or dynamic beach hazards. Of key relevance to the
Port Darlington (west shore) reach, the PPS contains a clear prohibition of development
and site alteration within the dynamic beach hazard.
x The Growth Plan for the Greater Golden Horseshoe (Growth Plan) provides a
framework for implementation of the PPS in the Greater Golden Horseshoe region. In
implementing the PPS, the 2019 Growth Plan requires that growth management
planning direct development away from hazardous lands.
x The Durham Region Official Plan (DROP) designates the Port Darlington (west shore)
reach as Waterfront Areas. Lands in the Waterfront Areas designation are to be
developed as people-places, with the exception of significant natural areas, which are to
be protected in their natural states. Environment policies contained in Section 2 of the
DROP do not permit development or site alteration within dynamic beach hazard areas.
x On June 19, 2017, the Region of Durham approved Clarington Official Plan Amendment
No. 107. Through OPA 107, land use in the Port Darlington (west shore) reach was
amended, changing the primary designation to Environmental Protection Area with
limited inland areas remaining Waterfront Greenway, as designated in the 1996
Clarington Official Plan. Within areas designated Environmental Protection Area
development is limited to low-intensity recreation and uses related to forest, fish and
wildlife management or erosion control and stormwater management. Further, the
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properties along the edge of Lake Ontario in Clarington are designated as being within
the Regulatory Shoreline Area. Policies regarding the Regulatory Shoreline Area do not
permit the construction of new buildings or structures "of any type". If an existing
dwelling is destroyed or demolished "by whatever reason", reconstruction must
commence within a 24 month period for the use to continue. Regulatory Shoreline Area
data is provided to the Municipality by the local conservation authorities. The Clarington
Official Plan requires that the limits of the Regulatory Shoreline Area be identified in
zoning.
3.3 The cottages along Clarington's waterfront were initially built in the late 1800's and early
1900's. The cottages were 3-4 month seasonal dwellings, used by families to find
respite from the heat of summer. The cottages were developed on private property,
without overall consideration for long-term climatic affects and without the consideration
of land use planning principles.
3.4 There has been a long-standing recognition of the natural hazards in the Port Darlington
(west shore) reach and proposals to impose land use planning controls to restrict further
development. However, efforts have been challenged along the way by decisions of
Council that provided exceptions. In particular, at the time when Clarington's zoning by-
law (84-63) was being implemented, the Council of the day, in the interest of balancing
the desires of historical land owners and fair and equitable treatment, allowed the lots
that pre-dated zoning regulations to be deemed Residential Shoreline. A summary of
the evolution of land use planning controls in the Port Darlington (west shore) reach is
provided in CLOCA Staff Report 5630-19, Section 5.2.1 (Attachment 2).
3.5 Zoning By-law 84-63 is applicable to the Port Darlington (west shore) reach. The
existing residential properties are within the Residential Shoreline (RS) Zone. The RS
Zone permits seasonal dwellings and single detached dwellings. The RS regulations
permit the conversion of an existing seasonal dwelling to a single detached dwelling,
subject to servicing and public road access. The current zoning, developed more than
30 years ago, is not consistent with the provincial policy direction or the policy direction
of the regional or local Official Plan.
3.6 The Municipality is currently undertaking a comprehensive review of Clarington's zoning
by-laws. The first draft of the proposed zoning by-law, released November 2018,
placed focus on Clarington's rural area. A comprehensive review of Clarington's urban
area is now underway. A second draft of the proposed zoning by-law will be released
next year for public comment. The updating of regulations for development along
Clarington's waterfront areas will implement and ensure conformity with the Clarington
Official Plan, as amended by OPA 107, and with provincial natural hazard policy.
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3.7 As indicated, a comprehensive update of the Lake Ontario Shoreline Management Plan
originally prepared in 1990 is underway and will provide updated recommendations for
shoreline management and planning for Clarington's entire reach of shoreline. It is
intended that proposed zoning for Clarington's entire shoreline area would be
determined upon completion of the Lake Ontario Shoreline Management Plan update
and provision of updated Regulatory Shoreline Area mapping by CLOCA and GRCA.
The Lake Ontario Shoreline Management Plan update is anticipated to be completed in
early 2020, which is prior to the anticipated completion date of the Municipality's
comprehensive zoning by-law review.
3.8 While implementation of policy set out in the Clarington Official Plan is achieved through
zoning by-laws, it is important to understand that an existing building or structure
lawfully existing prior to the passing of an updated zoning by-law and that continues to
be used for such purposes, shall be deemed "legal non-conforming". The expansion of
a legal non-conforming use requires the approval of a Minor Variance application by the
Committee of Adjustment. Applications for Minor Variance must maintain the general
intent and purpose of the Official Plan and zoning by-law.
4. Options to Improve Road Access
4.1 CLOCA Board Resolution #38, Item 5, recommends that:
...the Municipality of Clarington consider the options to improve safe access along
municipal road in the Port Darlington area as a part of capital planning and
budgeting and that the implementing road works be constructed where feasible and
appropriate.
4.2 Although the above recommendation speaks to improving safe access, the supporting
information in the Port Darlington Community Shoreline Management Plan: Report on
Flooding (CLOCA; Nov. 2018) (CLOCA Flood Report) notes that the primary purpose of
raising the road is to reduce riverine flooding of the properties across the road from the
marshes with an added benefit of improved access. Based on recent public input from
area residents, they do not feel riverine flooding is a major concern and would like
efforts focused on lake erosion remediation.
4.3 As noted in CLOCA's Technical Report: Flood Mitigation for Cedar Crest Beach Road
DRAFT(CLOCA Flood Report, Appendix 4), "by raising the road to between 76.00 and
76.15m, it may be possible to provide riverine flood protection for the 5 and 25 year
return period events; respectively. These results are preliminary and subject to further
review". In order to accurately assess this proposal a detailed topographic survey of the
road and all adjacent properties, including driveways, would need to be completed to
determine the impact and extent of reconstruction of the adjacent driveways and
potentially any buildings near the road. Without the benefit of this information, Staff
have estimated the cost of implementing this recommendation for Cedar Crest Beach
Road is between $275,000 and $350,000.
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4.4 The CLOCA Flood Report also recommended that "a cost-benefit analysis [be]
completed to ascertain if this approach provides an overall benefit to the community.
This flood mitigation measure has the potential to reduce flood risk for the community,
by reducing the frequency of flooding events, and improving emergency access. The
community flood vulnerability would still be high, however, because of the potential for
significant flooding from regulatory riverine and Lake based events."
4.5 In reviewing this option, Staff have identified that a similar improved protection against
riverine flooding could be achieved by constructing a small berm or dike along the north
side of Cedar Crest Beach Road. As with the other recommendation a detailed review
and assessment of this option would need to be undertaken before moving forward with
this proposal. Without the benefit of this information Staff have estimated the cost of
implementing this recommendation for Cedar Crest Beach Road is between $75,000
and $150,000.
4.6 The costs above include design costs, however the detailed review would require a
detailed topographic survey for Cedar Crest Beach Road (just over 700 m) an estimate
of $7,500 - $10,000. This would include design and review of impacts and preparation
of material quantity take offs for a cost estimate. It does not include any flood modelling
costs to assess road or berm impacts, which it is assumed the Conservation Authority
would undertake.
4.7 If the ultimate long term approach at this location is to pursue the long-term voluntary
land disposition, consideration should be given to achieving this improved riverine flood
protection and road access by the most economical means possible.
4.8 Should Council endorse the request to seek funding from other levels of government to
address the shoreline erosion concerns along Cedar Crest Beach Road (further
discussed in Section 5), it is recommended that the options of raising the road or
constructing a flood mitigation berm be pursued in conjunction with the natural hazard
mitigation request.
5. Pursuit of a Shoreline Control Engineering Solution
5.1 CLOCA Board Resolution #38, item 3, also recommends that:
...pending the results of negotiations with other potential funding partners,
[Municipality of Clarington]pursue Option #2 or#3 of the Baird Report.
5.2 As a component of this project, sub-consultant W.F. Baird & Associates Coastal
Engineers Ltd. was retained to examine the shoreline processes in the study area and
to identify potential engineering solutions at a conceptual level to address shoreline
erosion. A summary of the draft Port Darlington Shore Protection Concepts (Baird &
Associates; Nov. 2018) report (Baird Report) is provided in CLOCA Staff Report
5630-19 (Attachment 2).
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5.3 Shoreline protection alternatives #2 and #3 referred to in CLOCA Board Resolution #38
are summarized as follows:
Concept 2: Construction of a cobble beach in front of the properties along Cedar Crest
Beach Rd. using imported materials, three jetties that would impede sand bars forming
at the Westside Creek wetland outlets that flank Cedar Crest Beach Road and two
groynes along the beach for improved beach stability. Estimated Capital Cost (including
contingency): $10.4 million
Concept 3: Construction of a sand and cobble beach in front of the properties along
Cedar Crest Beach Rd. using imported materials, offshore rubblemound breakwaters,
and three jetties that would impede sand bars forming at the Westside Creek wetland
outlets that flank Cedar Crest Beach Road. Estimated Capital Cost (including
contingency): $16 million
5.4 All of the alternatives proposed in the Baird Report were developed at the conceptual
level. Cost estimates provided are an opinion of probable cost and account exclusively
for capital. A 30% contingency was included in recognition of the significant potential
for capital cost fluctuation. As stated in the Baird Report, costs not captured by the
probable cost estimates include detailed engineering design, permitting (which would
require an Environmental Assessment), engineering services during construction,
landscaping, monitoring and maintenance. It was further estimated that 0.5% to 1% of
capital costs per annum should be budgeted to cover periodic maintenance needs.
5.5 A key focus for the shoreline protection concepts was the development of a beach
amenity for public use. The report indicates that Concepts 1, 2 and 3 all provide a
public beach area to varying extents. The estimated size of the beach amenity space
cannot be determined at this preliminary stage of study and would be a component of
detailed design. The property boundaries for a number of the properties along the
reach of shoreline where beach construction is considered currently extend into the
lake. Issues related to land acquisition or ownership for new beach development were
outside the scope of the Baird Report. The bed of Lake Ontario is controlled by the
Crown and their concurrence and approval would be necessary.
5.6 The assumption that a public benefit and amenity will be provided by the creation of a
beach can only be ensured if ownership is addressed. It is likely there would be
additional costs associated with the land negotiations, purchase and/or transfer of land
to legally establish any additional beach amenity space for public use. Who bears the
cost of maintenance in perpetuity, infrastructure requirements necessary for public park
development (e.g. parking lots, access points, road improvements) and on-going public
park/beach maintenance costs are also important considerations.
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5.7 It should be understood that assessment of the potential upstream / downstream effects
of the shoreline protection alternatives was outside of the scope of the Baird Report.
The conceptual solutions presented in the Baird Report focus on the Cedar Crest Beach
shoreline, being the shoreline area of highest concern in the Port Darlington (west
shore) reach. East of Cedar Crest Beach the Municipality has made significant
investment associated with the establishment of the West Beach portion of Port
Darlington District Park. The West Beach is an important component of the
Municipality's waterfront planning. Any potential effect on beach nourishment/erosion
and water quality in the area is of concern. In addition, Westside Marsh and Creek
outlet will require thorough evaluation to ensure proposed changes do not negatively
impact this highly significant natural feature.
5.8 The Baird Report implies that the responsibility for undertaking an Environmental
Assessment (EA) for a shoreline protection concept, if advanced to this stage, would be
the responsibility of the Municipality. The Municipality would not typically be the lead
proponent in this type of undertaking. The shoreline, beach and marsh areas are
typically the jurisdiction of the Conservation Authority and/or the Ministry of Natural
Resources and Forestry, both of whom are also subject to the Environmental
Assessment requirements. The Municipality has no jurisdiction over erosion protection
on private lands.
5.9 Regardless of which agency moves forward with either option, significant work would be
required before any construction could begin. The following is a high level summary of
next steps that would need to be undertaken:
Terms of Reference (ToR) — 1 year duration
x Preparation, Submission and Review of ToR
x ToR Public Information Centres
x Stakeholder Committee Meetings
x Submission of ToR
Environmental Assessment (EA) — 1 year duration
x Individual EA
x EA Public Information Centres
x Stakeholder Committee Meetings
x Submission of EA
EA Decision and Other Approvals — 1+ years duration
x Individual EA Decision
x Other Approvals (Fisheries Act, Navigable Waters Protection Act, Ministry of
Natural Resources and Forestry, etc.)
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5.10 Based on similar studies for works along the Toronto shoreline, Staff estimate that
completion of this planning and approval process could take 3 or more years and is
estimated to cost $700,000 to $1,000,000 depending on the amount of study and
supporting information that the various approval agencies require.
5.11 As indicated in CLOCA Staff Report 5630-19, in July 2018 the Municipality and CLOCA
collaborated on the submission of an Expression of Interest application for funding
support from Infrastructure Canada under the Disaster Mitigation and Adaptation Fund
(DMAF). While the application was not selected to proceed to the full proposal stage,
Infrastructure Canada advised that the application would be eligible to be considered for
a second intake into the program anticipated in the fall of 2019. Municipal and CLOCA
Staff will continue to monitor the status of the DMAF for re-application during the next
application intake cycle. The final study reports will provide further support for the
scope of the DMAF application.
5.12 Eligible DMAF projects must have a minimum of $20 million in total eligible costs. The
Federal cost sharing limit for DMAF projects is up to 40% for municipalities and non-
profit organizations (which includes Conservation Authorities) in Ontario. In other
words, $12 million (minimum) would need to be contributed to the project from other
sources. Further, it is important to understand that DMAF focuses on public
infrastructure; a public benefit must be demonstrated and must surpass private benefit.
Staff recommend that Municipality and CLOCA continue to seek funding for land
acquisition and shoreline erosion works, since public ownership is necessary to
demonstrate public benefit.
5.13 The above considerations demonstrate the complexity of and significant costs
associated with shoreline erosion protection projects. Collaboration and support,
including funding support, across all levels of government and amongst key
stakeholders is critical. This has been recognized from the outset as captured by
Council Resolution #GG-357-17 and #GG-358-17 to the extent that they request
Federal, Provincial and local government and agencies to work together on shoreline
safety and mitigation matters, including the necessary cost sharing agreement.
5.14 Direct funding requests have also been made by local residents. In a letter dated April
5, 2019 from the Port Darlington Community Association (PDCA) to the Federal Minister
of Environment and Climate Change and the Provincial Minister of Environment,
Conservation and Parks, the PDCA called for funding support to implement Concept 3
of the Baird Report (see Attachment 4). More specifically, the PDCA feels that past
government decision-making respecting permitting of the St. Marys Cement docking
facility has led to the shoreline erosion occurring along Cedar Crest Beach. Staff are
not aware of a response to the PDCA's request being provided to date by either the
Federal or Provincial ministries.
Municipality of Clarington Page 15
Report CAO-006-19
5.15 Initiatives such as DMAF and the recent announcement of the formation of a Provincial
flood task force, as well as representation from Federal and Provincial Ministries on the
Lake Ontario Management Plan Update Steering Committee, signal a growing
recognition of the need to collaborate to better plan for and reduce the impacts of
natural hazards. Staff endorse the request made by the PDCA for funding support from
the Provincial and Federal Government for implementation of shoreline erosion works.
It is recommended that Municipal and CLOCA Staff request the Province and Federal
government enter into a partnership with the Municipality to provide a fair and equitable
solution for the residents of the Port Darlington (west shore) reach.
6. Public Comments
6.1 At the May 27, 2019 General Government Committee meeting, multiple Port Darlington
(west shore) reach residents, including representation on behalf of the Port Darlington
Community Association, appeared as delegation before Council, expressing concerns
regarding CLOCA Staff Report 5630-19 and CLOCA Board Resolution #38. In addition,
written correspondence has been received by the Mayor, Clerk and CAO subsequent to
the consideration of CLOCA Staff Report 5630-19 at the March 19, 2019 CLOCA Board
meeting.
6.2 Overall, comments expressed a lack of support for the components of CLOCA Board
Resolution #38 respecting the initiation of and development of a long-term incremental
voluntary land disposition program for lands deemed to have unacceptable risk from
natural hazards. It was expressed amongst the delegates that a business case would
not support the buyout of residential properties. Consideration of these matters by Staff
is discussed in Sections 2 and 3 of this report. Staff recommend that matters respecting
land acquisition and natural hazard policy be assessed in detail and an appropriate
implementation approach determined subsequent to completion of the fulsome review
of Clarington's entire Lake Ontario shoreline, involving the update of the Lake Ontario
Shoreline Management Plan (an update to the 1990 Sandwell Swan Wooster Inc.
report) and a comprehensive waterfront planning review.
6.3 Amongst the delegations, there was support for the concept of raising the roadways to
reduce riverine flood risk. Further, delegations and correspondence have requested
that a shoreline erosion protection engineering solution be advanced to implementation
as expeditiously as possible, and have questioned the appropriate lead for the
Environmental Assessment that would be required. Consideration of these matters by
Staff is discussed in Sections 4 and 5 of the report. Staff recommend that the options of
raising the road or constructing a flood mitigation berm be pursued in conjunction with
seeking funding for shoreline erosion works.
6.4 Several residents have indicated that the risk associated with the hazards of lake
flooding, riverine flooding and dynamic beaches are not concerning to Port Darlington
(west shore) residents, citing that prior to 2017 flooding had not occurred in the last 50
years. It was stated that shoreline erosion poses the most immediate risk of harm to
residents and property. Delegates and correspondents have expressed concern that
the Port Darlington (west shore) reach studies have not pinpointed a cause for shoreline
Municipality of Clarington Page 16
Report CAO-006-19
erosion along Cedar Crest Beach, and point to the interruption of littoral transport
caused by the St. Marys Cement shipping pier as causing reduced sediment deposition,
contributing to increased soil erosion by wave action. In responding to PDCA's April 5,
2019 letters to the Federal Minister of Environment and Climate Change and the
Provincial Minister of the Environment, Conservation and Parks (Attachment 4),
indicating these concerns, St. Marys Cement/Votorantim has stated that:
...it is the company's position that the information advanced by the Association,
while representative of residents'concerns and request, is neither a fully complete
nor entirely accurate portrayal of all the history or naturally occurring dynamics of
this shoreline area or of the results of the Study.
A copy of this letter is provided as Attachment 5.
6.5 CLOCA Staff Report 5630-19 recommends that St. Marys Cement be consulted
regarding possible participation with shoreline protection works. Staff understand that
CLOCA Staff met with representatives of St. Marys Cement following the passing of
CLOCA Board Resolution #38 regarding this matter, and await consideration of the
matter by Council.
6.6 An additional concern has been voiced respecting the modelling approach and resulting
data presented in the CLOCA Flood Report. This is a technical matter respecting the
methodologies and data sources used by CLOCA and cannot be addressed by
Municipal Staff. Lake Ontario natural hazard limits will be updated as part of the on-
going update of the Sandwell Report and will inform the comprehensive review of
Clarington's zoning by-laws, and future update to the Clarington waterfront study.
7. Concurrence
This report has been reviewed by the Director of Engineering Services, Director of
Planning Services and the Municipal Solicitor who concur with the recommendations.
8. Conclusion
The first step in the "plan" that Council referenced in Resolution #C-203-17 was to update
and complete the Port Darlington Shoreline and Flood Damage Centre Study Draft
Report (Aqua Solutions; Mar. 2004). Staff have considered the resulting study reports,
the specific recommendations and requests made by the CLOCA Board of the
Municipality of Clarington, and public comments. A comprehensive approach to shoreline
hazard risk management is recommended. Updating of the Sandwell Report, followed by
an update to the waterfront plan for Clarington and the Municipal Land Acquisition
Strategy are recommended. Implementation of current provincial and municipal policy
will provide a current basis for strategic development of the Lake Ontario waterfront in
Clarington and natural hazard management. The cost of shoreline erosion and flood
mitigation measures in the Port Darlington (west shore) reach is substantial and will
require significant support from Provincial and Federal levels of government and other
stakeholders. In collaboration with the Conservation Authority, it is recommended that
Municipality of Clarington Page 17
Report CAO-006-19
Staff continue to pursue funding programs and partnerships to provide a fair and
equitable solution for residents.
9. Strategic Plan Application
Not applicable.
Submitted by:
Andrew C. Allison, B. Comm, LL.B,
CAO
Staff Contact: Andrew Allison, CAO, 905-623-3379 Ext. 2002 or aallison@clarington.net
Ron Albright, Assistant Director, Engineering Services, 905-623-3379 Ext. 2305
or ralbright@clarington.net
Faye Langmaid, Manager of Special Projects, Planning Services 905-623-3379
Ext. 2407 or flangmaid@clarington.net
Amy Burke, Senior Planner, Planning Services 905-623-3379 Ext. 2423 or
aburke(@_clarington.net
Attachments:
Attachment 1 — 2017 Resolutions respecting Shoreline Safety and Erosion
Attachment 2 — CLOCA Staff Report 5630-19: Port Darlington Shoreline Hazard Study
Attachment 3 — CLOCA Board Resolution #38 Re: Port Darlington Shoreline Hazard Study
Attachment 4 — Letter: Port Darlington Community Association, dated April 5, 2019
Attachment 5 — Letter: Votorantim Cimentos, dated May 10, 2019
List of interested parties to be notified of Council's decision is on file in the CAO Department.
Attachment 1 to
Report CAO-006-19
2017 Resolutions Respecting Shoreline Safety and Erosion
EGD-015-17 Cedar Crest Beach Erosion Mitigation
Resolution #GG-356-17
Moved by Mayor Foster, seconded by Councillor Traill
That Report EGD-015-17 be received;
That a Coastal Engineering Study be undertaken for Cedar Crest Beach shoreline
erosion mitigation funded through a cost sharing agreement, as outlined on Page 22 of
Report EGD-015-17;
That all interested parties listed in Report EGD-015-17 and any delegations be advised
of Council's decision.
Request to Strike Committee to Review Mitigation and Safety Plan for Great Lakes
and St. Lawrence Seaway Communities
Resolution #GG-357-17
Moved by Mayor Foster, seconded by Councillor Woo
Whereas Lake Ontario is a valuable regional, national and international resource;
Whereas federal governments of the United States and Canada and the International
Joint Commission have, in partnership with the States and Provinces, a joint interest in
the management of Lake Ontario;
Whereas the management of the lake levels falls within this joint interest;
Whereas the flooding experienced by the residents of Cedar Crest Beach in the
Municipality of Clarington has resulted in effecting residents' safety and has caused
significant property damage;
Whereas the Corporation of the Municipality of Clarington has expended significant
staffing resources and financial resources in aiding the area residents and ensuring
their safety;
Whereas the Federal Government and the Provincial Governments provide financial
assistance programs in restoration of damages in the event of Lake Ontario shoreline
flooding;
Attachment 1 to
Report CAO-006-19
And whereas it is conceivable and reasonable to anticipate future flooding as was
experienced in the spring of 2017;
Now therefore be it resolved that the provincial and federal governments be requested
to strike a committee to review mitigation and safety plans for the communities fronting
the Great Lakes and St Lawrence Seaway; and
That the Municipality of Clarington be invited to participate on the committee to allow for
input in the review of this plan.
Cedar Crest Beach Erosion Control Engineering Solution
Resolution #C-203-17
Moved by Councillor Traill, seconded by Councillor Woo
Whereas Council has considered Report EGD-015-17 setting out options for addressing
erosion control in the Cedar Crest Beach area;
Whereas the Municipality of Clarington acknowledges that erosion in this area has
caused significant damage and needs to be addressed as a matter of urgency given the
increasing severity and frequency of lake storm events;
Whereas Council has heard from residents of the community requesting Municipal
leadership to help find and implement a solution to mitigate shoreline erosion and
promote beach restoration, notwithstanding that the residents understand a solution will
not prevent flooding;
Now therefore be it resolved, that the Municipality of Clarington request the federal and
provincial government, and CLOCA to work together to develop an entire waterfront
plan including the Port Darlington channel, and the beach waterfront, and work towards
a cost sharing agreement for the study and work;
That St. Marys and other interested parties be invited to participate;
That staff be directed to call these parties together with representatives of the resident
community to form a working committee to clarify jurisdictional roles and responsibilities
and secure funding and contribution agreements, such that a viable shoreline erosion
control and beach restoration plan can be implemented as soon as possible; and
That Staff and working committee representatives present the plan to Council by
October 2017.
REPORT
CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY
DATE: March 19,2019
FILE: IMS: PSSG4177
S.R.: 5630-19
APPROVED BY C.A.0.
MEMO TO: The Chair and Members, CLOCA Board of Directors
FROM: Perry Sisson,Director El Engineering and Field Operations
Chris Jones,Director ❑Planning and Regulation
SUBJECT: Port Darlington Shoreline Hazard Study
1. Purpose and Background
CLOCA,in partnership with the Municipality of Clarington,has undertaken a shoreline hazard study for the Port Darlington
area of Bowmanville. Cedar Crest Beach Road residents had petitioned the municipality in 2016 to take action against Lake
Ontario shoreline erosion that was threatening their properties, and during the late spring and summer of 2017, high lake
water levels resulted in both lake based and riverine flooding within this area. In response to these events, the Council of
the Municipality of Clarington passed a series of resolutions, one of which called upon CLOCA to work towards
development a plan for the Port Darlington Area.
At the meeting of September 19,2017,the CLOCA Board of Directors resolved as follows:
Auth.Res.#58/17,of September 19,2017
❑7❑❑7 VIR� RPS01flIffBRUEoarlington (West Shore) Damage Centre
Study in consultation with the requested working committee as soon as practicable,
THAT the firm of Aqua Solutions be retained to complete the study work as per the previously approved
Terms of Reference, amended to address issues associated with Climate Change, recent historic water
levels,Sediment Transport,Current Provincial Policy Direction, Updated Mapping and further assessment
of potential options to address risks associated with natural hazards;
THAT CLOCA staff be directed to report back to the Board of Directors with the completed study with
options for implementation in conformity with the recommendations of the study and provincial Great
Lakes shoreline natural hazard management policy;
THAT the Council of the Municipality of Clarington be so advised in response to Resolution C-203-
CARRIED
This report will summarize the findings of the study, the comments received from the public, and staff recommendations
for implementation.
1.1 Environmental Setting
The Central Lake Ontario Conservation Watershed Flood-Risk Assessment (CLOCA 2017) assessed 92 flood damage
centres within the CLOCA watershed including two flood damage centres within the Port Darlington area. The West Beach
flood damage centre is vulnerable to property damage and public safety risk associated with flood depths exceeding 2 metres
during regional flood conditions. Cedar Crest Beach is not as vulnerable to extreme flood depths,but will still have unsafe
conditions during regional flood conditions. These two flood damage centres are also prone to Lake Ontario flooding, and
are within the erosion hazard of Lake Ontario. The central portion of the study area, Cove Road, is partially within the
erosion hazard of the lake,but is situated on a low bluff,with homes elevated above the flood levels.
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2 The Study
Three reports were prepared for the study to assess the natural hazards within the shoreline area.
o Port Darlington Shore Protection Concepts(Baird&Assoc. Coastal Engineers,November 2018) See Appendix 1
o Port Darlington Community Report on Flooding(CLOCA,November 2018) See Appendix 2
o Port Darlington(West Shore) Shoreline Management Report(Aqua Solutions 5 Inc.,December 2018) See Appendix 3
The study on coastal erosion was completed in response to the petition of the landowners and to provide a better
understanding of the shoreline processes and conceptual engineering solutions to protect the subject area against shoreline
erosion. The report on flooding assessed the impacts of riverine and Lake Ontario flooding on the area and looked for
mitigation options. The Shoreline Management Report completes work that was originally undertaken in 2004, and
describes approaches to manage the development within the various shoreline and riverine natural hazards.
Two public information sessions were held during the study. The first meeting was held in March, 2018 to introduce the
study and provide information on the natural hazards that exist within the study area.The public were offered an opportunity
to provide information to the study team. The second meeting was held in December 2018, and at that time the consultants
and CLOCA team presented the findings of the various reports in draft form. The reports have been posted on the CLOCA
website, and the public were invited to provide comments. A questionnaire was sent out to all who attended one of the
sessions to encourage greater response to the study.
The study findings,public comments,and staff comments are provided in the following sections. These sections have been
categorized by the three reports that supported the study.
3. Port Darlington Shore Protection Concepts(Baird&Assoc.Coastal Engineers,November 2018)
Coastal engineers from Baird were retained to investigate the general conceptual sediment movement and erosion processes
within the study, and to develop alternative treatments that could arrest the erosion of the shoreline for the Cedar Crest
Beach area.
The report summarized the longshore sediment transport by looking at nearshore bathymetry and field observation of the
shoreline. The report notes the bluff adjacent to Watson Crescent and shallow lake bed with net sediment movement from
the bluff in both easterly(toward Cedar Crest Beach)and westerly directions,with accretion of sediment along the east edge
of the St Marys pier. The net alongshore sediment transport in the study area is generally towards the east.
SCI vIAS SLS Wiiku.u+C:}.
RE
Figure 0.1:Comparison of 1955 and 2014 shorelines showing erosion and accretion areas,and net direction of longshore &
sediment transport
FILE: IMS: PSSG4177 March 19, 2019
S.R.: 5630-19
The Baird report notes that the St Marys pier protrudes about 650m into the lake and potentially interrupts sediment supply
from west of the pier and from the natural shoreline that is now covered by the pier. Although this study was not intended
to study the impact of the St Marys pier in detail,it provides an estimate of the magnitude of the potential impact on sediment
movement by estimating the accumulation of sediment on the west edge of the pier(2,000 cubic metres of sediment annually
estimated).
With an understanding of the conditions and processes affecting sediment transport and erosion of the shoreline, Baird
developed four conceptual alternative approaches to shore erosion. The cost of each alternative was estimated (excluding
environmental assessment,approvals,engineering design,monitoring and maintenance not included). The four alternatives
are:
1. Construct a sand and cobble beach along Cedar Crest Beach with Jetties to protect against sediment accumulation at the
Westside Marsh outlet and St Marys Overflow channel outlet. Estimated cost$4.3M or$6,600 per metre of shoreline.
2. Construct a cobble beach along Cedar Crest Beach with multiple jetties and groynes. This alternative is similar to
alternative 1, but provides a more stable beach with more imported cobble and more groynes to anchor the beach.
Estimated cost$10AM or$14,900 per metre of shoreline.
3. Construct a sand beach with offshore breakwaters and jetties. This is the most extensive alternative off shore
rubblemound breakwaters to reduce wave energy and protect the beach. Estimated cost$16M or$21,300 per metre of
shoreline.
4. Construct an armourstone revetment along the Cedar Crest Beach shoreline.This alternative would replace the existing
shoreline protection woks along Cedar Crest Beach with a superior hard shoreline treatment. This concept would not
support a beach. Estimated cost$3.7M or$5,700 per metre of shoreline.
The alternatives were evaluated based on the ability of each alternative to address the shoreline hazards, cost, societal
benefit, and environmental benefit/impact. Concept 3 scored as the preferred alternative because it best protected the
shoreline and provided a beach amenity that could benefit the general public. Alternatives 1 and 2 scored slightly lower,
and concept 4 was the lowest ranked alternative. Alternatives 2 and 3 has the added benefit of reducing wave impact to the
Cedar Crest Beach shoreline, although the report notes that none of the concepts fully address the flood hazard from Lake
Ontario.
3.1 Public Comments
The majority of commenters supported the Baird report on
shoreline erosion and identified alternative 3 as their preferred Shoreline Erosion Concepts
concept. Some noted the importance of the works to reduce wave
run-up, given that this feature caused flooding of some homes
during the 2017 high water period. Suggestions for advancing the
project included requesting assistance from St Marys Cement and
government funding.
Information was provided based on local knowledge and 4LO
understanding of shoreline wave and sediment movement, and
several suggested exploring other alternative shoreline structures ■Agree ■ Disagree
to protect against erosion of the shoreline.
Concerns raised in the comments included the high cost, possible use of tax payer funding, and maintenance costs. A
number of commenters did not support the use of created beach space for the general public. Concerns were also raised that
protection of the Cedar Crest Beach reach of shoreline could aggravate erosion of the adjacent Cove Road shoreline.
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3.2 Discussion
The Baird report provides information on erosion and accretion within the Port Darlington area including information on
potential impacts from the St 0 =dock facility. However,the report indicates that quantitative estimates of shoreline
recession rates requires more detailed investigation. Available historic documentation indicates that CLOCA submitted
comments on the 1990s dock expansion including concern that the impacts of the proposed dock were not fully
understood.
If the construction of engineered works for shoreline erosion protection are to be considered,an Environmental Assessment
(EA) process will be required. The EA will advance from the initial conceptual designs in the Baird Report with more
detailed investigation and design work, and variations from the concepts are likely to be considered. The information and
suggestions provided through this study can be carried forward into the EA process. , $ MFOE E1111the
following generalized steps:
❑ Preparation, submission and review of a Terms of Reference to be approved by the Minister of the Environment,
Conservation and Parks;
❑ Commencement,preparation and submission of an Individual Environmental Assessment study; and,
❑ A ministerial decision to approve or refuse an EA;
❑ Implementing approvals related to the Federal Fisheries Act,Navigation Act,Public Lands Act and others.
The costs(estimated in the Baird report)for any of the shoreline alternatives would be considerable. The works would have
an estimated lifespan of 25 to 50 years,and annual maintenance costs of 0.5%to 1% of construction cost.
Government funding programs such as the Disaster Mitigation and Adaptation Fund may assist with partial(40%)funding
and are being explored,but significant additional funds would still be required. A critical consideration is that government
funding programs typically support projects that demonstrate public benefit over projects that limit benefits to private
property owners. If the works were linked to a public benefit, such as creation of more public beach amenity,there may be
greater eligibility for public funding. In the absence of full public funding,private funding could be considered via a Local
Improvement Charge as provided for in the Municipal Act,2001 and(Ontario Regulation 586/06)or via a Stakeholder Cost
Sharing Agreement. Other private contributions to shoreline erosion projects are possible,and St Marys should be consulted
regarding possible participation with shoreline protection works.
In 2018, Municipality of Clarington staff and CLOCA staff collaborated on the submission of an Expression of Interest
application under the National Disaster Mitigation Program to Infrastructure Canada for funding under the program. The
application was denied for the first intake of funding into the program. Infrastructure Canada staff advised that the
application will be eligible to be considered for a second intake into the program anticipated in the fall of 2019. The second
intake application will be revised to reflect the results of the Port Darlington Shoreline Hazards Study and subsequent
CLOCA Board and Clarington Council decisions.
Finally,the shoreline protection concepts would not remove the risk to life and property that exist along Cedar Crest Beach
Road and West Beach Road associated with riverine and Lake Ontario flooding. It is important that shoreline protection
works do not provide a false sense of security against the flooding hazards that will continue to exist for the area.
3.3 Recommendations
Given the threats to people and property from both erosion and flooding hazards,a solution should be selected that addresses
all risks in their totality as the safest and most cost effective approach. Accordingly, an incremental long-term voluntary
disposition program approach for lands where natural hazards pose an unacceptable risk, and cannot feasibly be prevented,
is recommended and discussed below in Section 5.4.
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However, if comprehensive erosion protection is to be considered further, a next step would be the Municipality of
Clarington in collaboration and with the support of CLOCA staff and the Working Group,informally polling the landowners
on Cedar Crest Beach Road to determine whether or not they wish to proceed with a formal petition for a Local
Improvement. Municipality of Clarington staff, with the support of CLOCA staff, would be engaged in preparing the
information required as part of a petition made under Ontario Regulation 586/06.
Advancement of shoreline erosion works would require time and is dependent of securing funding. In the absence of the
larger shoreline protection project, landowners should be permitted to continue to erect and maintain shore walls. New
walls should be designed by coastal engineers to maximize the effectiveness of the works and to ensure works do not
aggravate adjacent shoreline.
4 Report on Flooding(CLOCA,November 2018)
The Cedar Crest Beach and West Beach areas were defined as flood damage centres with significant flood risk in the
CLOCA Flood Risk Assessment(CLOCA 2016). These areas along the Lake Ontario shoreline are prone to flooding from
both Lake Ontario and riverine flooding from the Westside Creek and Bowmanville/Soper Creek respectively.
The report on flooding further analysed the flood risk by looking at flood depths and velocities for various storm events,
and comparing these values to limits for vehicle access, property damage, and public safety. The analysis showed that
flooding during less severe flood events could prevent access to the subject area,while less frequent and more severe storms
would cause structural damage to homes and be a risk to public safety.
The greatest flood depths and risk to public safety exists at the West Beach area, where flood depths for the
Bowmanville/Soper Creek could exceed 2 metres during regional storm conditions,causing extensive damage to homes and
risk of loss of life.
The riverine flood depths at Cedar Crest Beach are 0.5 metres during regional flood conditions, but flood depth-velocity
products still provide unsafe conditions for people.
Flood events cause a multitude of problems in these sand spit areas, including contamination of water wells, inundation of
septic systems, and flooding of basements and crawlspaces through surface drainage or through groundwater seepage.
During lake based flooding or more frequent riverine flood conditions,both areas would lose the ability to access or leave
the neighbourhoods by personal vehicle due to flood depths on the roadways. The 2017 flooding events demonstrated the
demands these events create for emergency responders and the social strain on residents.
The Report on Flooding looked for flood mitigation opportunities. It is noted that the wave uprush component of the Lake
Ontario flooding could be reduced at Cedar Crest Beach with the off shore breakwater alternative for shore protection
proposed by Baird,but that the lake level and storm surge components could not be reduced.The Baird study notes Ell Z QW
shoreline protection measures can mitigate erosion at this site, they will not address the flood hazard from inland, and
IUUZM QlW m IIHT2 ❑fitl 1:1Z DKGEH3E
Safe access conditions could be improved by elevating flood prone roadways. The study analysed possible flood risk
reduction that could result from elevating portions of West Beach Road and Cedar Crest Beach Road to improve access and
act as a flood barrier from riverine flooding.The analysis found that vehicle access could be improved during more frequent
flood events by this measure,but safety risks and lack of access would continue to exist during regulatory flood events.
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4.1 Public comments:
A slim majority of respondents supported the concept of
raising the roadways to reduce riverine flood risk. Several Raised Road Flood Protection
noted that this appears to be a practical and effective
improvement that could be advanced quickly.
Respondents that did not support the raising of the road
profiles noted concerns with impacts to driveways, and the
possibility of trapping water during lake flood events. fjo
Some commenters suggested that the St Marys overflow
channel should control riverine flooding of the Westside
Creek, or that a piped outflow or similar system could be ■Agree ■ Disagree
created to divert floodwater away from the area.
4.2 Discussion
Raising certain road segments will reduce flood risk by improving access to the West Beach and Cedar Crest Beach areas
during flood events that are predicted to occur relatively frequently. The cost of the work, although significant, could be
completed as a municipal road reconstruction project.
Concerns raised are valid, and the benefit of reducing riverine flood risk must be weighed against the risk of trapping lake
based flooding. More detailed survey of existing driveways and property will be needed to fully understand the impacts on
driveway grading. More detailed assessment of the flood impacts and benefits would be required with the detailed design
process. It is important that all concerns, especially concerns about trapping lake flood water, are fully explored and
addressed prior to undertaking the work.
While the focus is on the possible reduction of riverine flood risk through raising the local roads, the reality is that large
flood events will completely inundate the subject area creating significant damage including severe and unacceptable risk
to public health and safety.
The St Marys overflow channel was designed and constructed to offset the impact of the removal of a significant portion of
the Westside Marsh (as approved through aggregate licensing) and the flood storage that the Marsh provided. It was not
intended to prevent or even reduce the pre-existing flooding conditions of the Marsh and Cedar Crest Beach area;the channel
was designed to provide a supplementary outflow to maintain the Marsh water levels through a full range of flood events.
The Hydrotechnical Report that supported the overflow channel design has been re-examined in recent times,and found to
be appropriate. During the 2017 lake flooding, beach build-ups at the Westside Marsh barrier beach outlet and at the
overflow channel outlet had to be removed numerous times to allow the Marsh and overflow channel to drain to the lake.
Jetties, as described in the Baird report could prevent the build-up of beach sediments in the overflow channel outlet. A
Maintenance and Monitoring Plan has been detailed and endorsed by CLOCA and St Marys to document annual monitoring
of the channel and all maintenance activities, and water level gauging has been added to the Westside Marsh and
incorporated into the CLOCA Flood Forecasting and Warning system.
The Municipality of Clarington developed a Flood Emergency Plan for the Lake Ontario shoreline based on their
experiences during 2017 elevated lake levels, and invested in supplies and equipment that will assist with future flood
events.
4.3 Recommendations
While concerns have been raised with the raising of road profiles,the majority of respondents approve of this work as a
practical action that will provide a reduction of flood risk in the near future. It is recommended to advance this project into
the design process. Detailed surveys,hydraulic assessments,road design, and consultation will be required. Pending a
positive outcome of the design process, cost estimates can be completed for the work and the project added to municipal
capital works program.
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It is recommended that St Marys be approached to investigate the potential for placement of a jetty to protect against
beach build-up at the St Marys overflow channel outlet.
5 Port Darlington (West Shore) Shoreline Management Report(Aqua Solutions 5 Inc.,December 2018)
This study characterized the study area by physical shoreline feature. From west to east,the shoreline can be characterised
by:
❑ A bluff and fillet beach parallel to the Watson Crescent area. Much of this area is owned by the Municipality of
Clarington and St Marys Cement,with one home on Watson Crescent well removed from the shoreline, and outside of
flood and erosion hazards.
❑ A dynamic barrier beach between Lake Ontario and the Westside Marsh extending from Watson Crescent to the east
approach to the Cedar Crest Beach bridge. This sand spit was developed with cottages between the 193�m
and has progressed into approximately 39 all season dwellings. Much of the shoreline has shoreline protection walls
and revetments of armour stone and similar materials to protect the rear yard areas from lake erosion. These walls
provide protection,but require frequent maintenance and disrupt the natural dynamic beach process.
❑ A bluff and dynamic beach exists along the Cove Road area. Homes within this portion of the study area are generally
located beyond the riverine and lake flooding hazards,but some homes along the shoreline are within the erosion hazard
limit of Lake Ontario.
❑ A dynamic barrier beach between Lake Ontario and the Bowmanville Marsh along the shoreline portion of West Beach
Road and extending to the Bowmanville Harbour entrance. This sand spit includes approximately 14 homes, and a
municipally owned public beach area.Many of the homes are setback from the shoreline and are not presently utilizing
shoreline protection measures, and a natural dynamic beach exists.
The report provided history of the development of the area and planning processes and regulations that have managed the
development. It also builds on the recommendations of the Baird report on shoreline erosion, and the CLOCA report on
flooding to provide a number of directions and recommendations related to planning and regulation policy and
incremental long-term voluntary disposition that will be discussed later in this report.
5.1 Public Comments
A small minority of respondents supported strengthened development regulation on lands subject to natural hazards in the
Port Darlington area. Opinions were expressed that development in the area was not the issue but rather the shoreline
erosion issues should be focused upon exclusively. With respect to the consideration of strengthened development
regulation, concerns were expressed that new requirements might not allow for normal improvements of the properties to
mitigate risks from flooding or erosion or that a rebuild due to a fire or other emergency may not be permitted. Many
owners expressed concern regarding the need to maintain the value of their property. Finally, objections were raised
regarding any approaches that might seek to restrain development as a precursor to expropriation or public acquisition.
5.2 Discussion
Under long-established provincial law and land use planning policy,both CLOCA and the Municipality of Clarington have
an obligation to recognize and plan for the natural hazards and attendant risks to people and property where they exist in
the Port Darlington area. This involves ensuring that an effective regulation of development is established that is calibrated
to the severity of risks present and which respects private property rights to the extent possible.
Cont 1d
FILE: IMS: PSSG4177 March 19, 2019
S.R.: 5630-19
5.2.1 Municipal Land Use Controls and Regulation
The following is a summary of the evolution of land use planning controls in the Port Darlington Area:
❑ In 1959,the former Township of Darlington enacted a Comprehensive Zoning by-law,which established development
11RUVffll1WW BX7 EHSRLWAU I)MI3 RL I]DCS)AELEH)Z LWL Wff%Z❑VIS 1Z I34IIR1A -
Agricultural FTFR 111' cluded a single detached dwelling. This by-law established the single
detached dwelling land use on all lots that were located in the former Township of Darlington. At the time of the
enactment of this by-law,most structures on Cedar Crest Beach were seasonal cottages.
❑ In 1976, the first Regional Official Plan was adopted by Regional Council. This plan designated the Lake Ontario
VR1IUJ11LI3 RFW1a&J IHazard Lands.❑ As at the time there was no local Official Plan in place for the Port
Darlington area, the Regional Official Plan was the guiding land use policy document. However, an implementing
zoning by-law had to be enacted by the local municipality to give effect to the Regional Official Plan Hazard Lands
designation.
❑ In June 1984,the former Town of Newcastle Comprehensive Zoning By-law was drafted,which would implement the
1976 Regional Official Plan. The consultation draft of the by-(W®DKKHRUEE1( 3®( EEMZCP H3M1R
classification for the portions of Cedar Crest Beach Road and West Beach Road that are subject to flooding and erosion
hazards. While consistent with the Regional Official Plan,this zoning change would have removed the single detached
dwelling permitted land use from the lands on Cedar Crest Beach Road and West Beach Road. Existing residential
(ZHWJVIM: RVQ fYM09=34LEL==Z RDF=HTR3Va=JH DM RaFREIXP Idf imu
development of residential dwellings in hazard lands would have ended under the June 1984 draft by-law.
❑ At a July 3, 1984 public hearing to consider the draft comprehensive zoning by-law, various comments were received
by Cedar Crest Beach landowners objecting to the proposed Environmental Protection zone.
❑ On July 16, 1984, municipal planning staff responded to resident requests by removing the Environmental Protection
zone, replacing it with a Residential Shoreline zone that continued the 1959 residential permissions,which was finally
enacted by the Council of the former Town of Newcastle on September 10, 1984. This zoning is currently in effect.
❑ In 1996, the Municipality of Clarington included strong land use natural hazard policy directions in the municipal
Official Plan following a period of public consultation in which many shoreline land owners objected. A new
E5 Hf DDKII6 QZLII>ILISolicy was established along the Lake Ontario shoreline, including the Port Darlington area.
7 EWS"EISUZ��K17 EHFREV%EFW,0R IW[EFM EEEEMHZ IIVLIMiS Hf DOMU16 ERUT H
Area shall not be permitted M7 QMRflFH+ZDDRISEO time expansion, up to a maximum
RIS EN 3ff JLREG l0PJJE IEH1LJ 1EU4HUJLEP m lP m4muiDum row
designation in the 1976 Regional Official Plan,the 1996 Clarington Official Plan Regulatory Shoreline policy was not
implemented into the zoning by-law.
❑ ,m FTH I I I 0=NH5 Hf lREIM®QEMS1= M EEMDE1 AUU C dMU)REMRP SEHIJN=IlUMB ff=SGD I
(Official Plan Amendment No. 107 []adopted by Clarington Council on November 1,2016). The current Municipality
of Clarington Official Plan contains an Environmental Protection land use designation for the portions of Port
Darlington area subject to shoreline and riverine natural hazards and continues a strengthened set of Regulatory
Shoreline Area policies.
It is clear from the history of land use planning controls in the Port Darlington area that once permanent residential uses
where enshrined in zoning in 1959, implementing natural hazard considerations in zoning has not been achieved despite
past efforts. One final consideration is that the Planning Act was amended in 2006 to require municipalities to implement
their Official Plans through municipal zoning by-laws following a comprehensive official plan update within three years(s.
26 (9) of the Planning Act). It is important that the Municipality of Clarington meet its statutory obligation as part of the
current zoning by-law review with respect to shoreline natural hazards.
&R❑M
FILE: IMS: PSSG4177 March 19, 2019
S.R.: 5630-19
5.2.2 CLOCA Planning and Regulation Policy
CLOCA obtained comprehensive board-endorsed policies for the review of development applications and permit
applications in April of 2013 when the Board approved the Policy and Procedural Document for Regulation and Plan
Review(PPD). The PPD consolidated previous CLOCA planning and permit review practices that had evolved over time
1 a2FE-P H�NMRiIM-ISQSRVLI J FXI C&/ 2&$ 3M=IFRP P lanning applications and
environmental assessments. The PPD was also designed to provide policy directions for decision making for permit
applications under the newly expanded regulatory authority provided by Ontario Regulation 42/06.
Chapter 4 of the PPD provides policy direction for Great Lakes shoreline hazards. Policy direction was incorporated into
the PPD specifically for the Shoreline Flood Hazard, the Shoreline Erosion Hazard, the Dynamic Beach Hazard and Lake
Ontario Shoreline Protection Works (such as seawalls and revetments)using policy guidelines for conservation authorities
established by the provincial government and Conservation Ontario.
The policy direction established in the current PPD seeks to identify and manage risks in a pragmatic fashion,particularly
where existing development is present. For example, minor additions to existing buildings/structures may be permitted in
N"ERUDJK iI VREEIDTWIII BVIIM+FUP REM0M3WWffVWlJWEM C&/ 2&$ VREVURTHNEUMternative
VWREWGMAM*LRVREEEMEEMIDOMW,El��S�EMNUUICRNMXURIDEtI BMUMFFMU3E1EPlF1HYEW,
the current PPD policy SiRQKI-h❑NMM=R❑QHJMP fEV2E] C]RC3J1I7permitted for reconstruction of an existing
building/structure within the shoreline dynamic beach hazard, subject to conditions that among other maters ensures that
the reconstruction will result in a lower risk of hazards.
5.2.2.1 Proposed Policy Amendments
Staff have prepared an amendment to the PPD to consolidate and implement the planning and regulatory recommendations
of the Port Darlington(West Shore)Shoreline Management Report(Aqua Solutions 5 Inc.,December 2018). The proposed
amendment creates a new section specific to the Port Darlington Area and is presented in Appendix 4.
The proposed amendment takes into consideration comments made by residents to continue to allow for reconstruction of
dwellings due to unforeseen events not related to flooding and erosion;the continued maintenance and upkeep of property,
including interior renovations, repairs and replacements to sewage systems; continued private shoreline protection works
and the construction of accessory structures such as decks and gazebos. Provision is made for moving existing structures
in order to mitigate exposure to flooding and erosion hazards. Essentially all existing development would be carried forward
with flexibility for continued upkeep and improvements as long as the footprint of dwellings is not increased given the
presence of natural hazards.
Finally,the proposed amendment consolidates and clarifies all of the shoreline natural hazard policy relevant to the Port
Darlington area into one section of the PPD document to provide clearer direction to development proponents,CLOCA
staff and the CLOCA Board of Directors when making future decisions on permit applications made under Ontario
Regulation 42/06.
5.3 Recommendation
It is recommended that the Municipality of Clarington be requested to update its zoning by-law for the Port Darlington
Area to implement the Official Plan and the related CLOCA Board-endorsed planning and regulation policy.
It is recommended that the proposed amendments to the CLOCA Policy and Procedural Document for Regulation and
Plan Review contained in Appendix 4 be adopted in order to implement the planning and regulatory elements of the Port
Darlington (West Shore) Shoreline Management Report.
&R❑ U
FILE: IMS: PSSG4177 March 19, 2019
S.R.: 5630-19
5.4 Voluntary Disposition
5.4.1 Summary
The background studies propose several measures to management the risk of natural hazards on the subject shoreline area.
Nevertheless,homes will continue to be within dynamic beach environments experiencing coastal erosion,will be prone to
flood damage from lake water levels and storms, and could be devastated by riverine floods. As long as people are living
in these damage centres,the risk of loss of life to a resident or first responder due to another natural disaster will continue.
The only solution that will remove the risk to human life in the portion of the area that does not have safe access in the event
of an emergency is to ensure that people are not living on hazardous lands. Incremental voluntary disposition is an approach
to gradually shift the land from private ownership to public ownership by paying fair market value at the time the land
owner chooses to sell. Voluntary disposition was recommended as the long term solution to resolve the high risk associated
with flooding and erosion hazards for land where there is no safe access in the event of an emergency.
5.4.2 Comments Received
The majority of the respondents do not support a voluntary Voluntary Disposition
disposition program, primarily due to fear that actual value
of the property will not be realized in the process. Others
noted the loss of homes will diminish the vibrancy of the
area.
Among the supporters of a disposition plan, some noted that
all options should be considered,but possibly as a last
resort. 411V
5.4.3 Discussion
7 EHTREFHJAI" 1U+1GH]W5M3%U6H_VA]ED0TMZRELVHU ■Agree ■ Disagree
fully realised is understandable but cannot be verified. More
time and effort should be taken to develop a program and allow for involvement of the area residents, to gain more
understanding and trust, and to ensure the program is fair and reasonable.
Despite past efforts to manage these developments and associated risk,homes continue to be put on the real estate market,
and new homeowners move into the area,perpetuating the issue of people living and investing in this area with significant
and unacceptable risk of flooding and erosion. This program may be a long term effort, but it provides a means for home
owners to liquidate their property investment without passing the hazard risk to a new home owner.
Incentives should be considered for the voluntary disposition plan including lease-back and life estate options that would
allow the current owner to stay on for some period of time,but would ensure that further conveyance of the lands is ended.
It is anticipated that this would be a long process with a small number of annual acquisitions into public ownership. This
program would,however,be effective in terms removing risk to human life and cost associated with property damage. This
program also allows a property owner to get the current value from the property. After a major flood event,the value may
be substantially less.
5.4.4 Recommendation
A voluntary Port Darlington disposition program should be developed for the lands that are determined to have an
unacceptable level of risk from flooding and erosion, and where it is not feasible to adequately mitigate the risks in the
future. The program should define eligibility criteria based upon level of hazard risk, should ensure fair market value for
acquisitions,be based on a willing seller willing buyer principle and should include incentives for willing sellers. Funding
for the program should be researched but should be provided at least in part by senior levels of government.Federal funding
may become available through special programs, and additional municipal funding would need to be in reserve.
&K3WJ
FILE: IMS: PSSG4177 March 19, 2019
S.R.: 5630-19
6. Summary
Three reports have been completed to document the natural hazards within the Port Darlington area, and explore measures
that may be effective to reduce the risk. Mitigative measures include efforts to manage flooding and shoreline erosion, as
well as managing development within the flooding and erosion hazards. The study included a public process with well
attended meetings and submission of public comments that demonstrated good involvement of the area residents.
Two areas within the study limits; West Beach, and Cedar Crest Beach, are sand spits sandwiched between Lake Ontario
and coastal wetlands. These locations are prone to flooding from both riverine systems and Lake Ontario as well as Lake
Ontario shoreline erosion. Although measures can be employed to reduce the level of risk,these locations will continue to
be unsafe,with flooding conditions that will prevent access and be hazardous for residents and emergency responders.
A voluntary disposition program should be developed for the lands within the Port Darlington area that are identified as
having unacceptable risk from natural hazards,and where it is not feasible to adequately mitigate the risks in the future.The
program should define eligibility criteria based upon level of hazard risk, should ensure fair market value for acquisitions,
be based on a willing seller willing buyer principle and should include incentives for willing sellers.Funding for the program
should be researched but should be provided at least in part by senior levels of government. Federal funding may become
available through special programs, and additional municipal funding would need to be in reserve.
Shoreline erosion protection alternatives have been presented in the Baird study,with the preferred alternative consisting of
beach creation, jetties and off-shore breakwaters. An Environmental Assessment will be required to move this project
forward. The significant cost of the works and lack of public benefit beyond the local area may make funding of the project
difficult.In the absence of public funding,private funding could be considered via a Local Improvement Charge as provided
for in the Municipal Act,2001 and(Ontario Regulation 586/06)or via a Stakeholder Cost Sharing Agreement. Other private
contributions to shoreline erosion projects are possible, and St Marys should be consulted regarding possible participation
with shoreline protection works.
Flood risk can be reduced somewhat by elevating Cedar Crest Beach Road and West Beach Road, thereby providing safe
access during smaller flood events. This measure will not ensure safe access during major storm events,but will reduce the
frequency of flooding and provide an effort to improve safety on an interim basis while the voluntary disposition program
unfolds. This work can be incorporated into municipal road reconstruction projects.
St Marys Cement/Votorantim Cimentos should be consulted as a potential participant with support to protect people and
property in the Port Darlington Area through potential supply of sediment and participation in financially supporting
implementing recommended programs and projects.
7. Final Recommendations
1. THAT the final Port Darlington (West Shore) Shoreline Management Report, Report on Flooding and Port
Darlington Shore Protection Concepts Report be Received,
2. THAT the amendments to the CLOCA Policy and Procedural Document for Regulation and Plan Review contained
in Appendix 4 be adopted,
3. THAT the CLOCA Board of Directors Recommends to the Council of the Municipality of Clarington that
consultations be commenced, to be led in collaboration between the Municipality of Clarington,Region of Durham
and CLOCA,for the development of a Long-Term Incremental Voluntary Land Disposition Program for lands in
the Port Darlington Area that are deemed to have unacceptable risk from natural hazards, based on the principle
of willing seller-willing buyer,
4. THAT the CLOCA Board of Directors Requests that the Municipality of Clarington Implement the Clarington
Official Plan Regulatory Shoreline Policies, as amended by Official Plan Amendment 107, and the CLOCA Policy
and Procedural Document for Regulation and Plan Review, through a Zoning By-law enacted under the Planning
Act;
5. THAT the CLOCA Board of Directors recommends that the Council of the Municipality of Clarington consider the
options to improve safe access along municipal road in the Port Darlington area as part of capital planning and
budgeting and that the implementing road works be constructed where feasible and appropriate.
&Rcpt'
FILE: IMS: PSSG4177 March 19, 2019
S.R.: 5630-19
6. THAT the CLOCA Board of Directors Requests that St Marys Cement/Votorantim Cimentos support efforts to
protect people and property in the Port Darlington Area through supporting implementing programs and projects as
recommended in Staff Report#5630-19,
7. THAT Port Darlington residents and all contributors to the Study be thanked for their participation and contribution
to the study process;
8. THAT Staff Report #5630-19 be circulated to participants in the Study Consultation, Watershed Members of
Parliament and Provincial Parliament, the Region of Durham and the Ontario Ministries of the Environment,
Conservation and Parks,Natural Resources and Forestry, and Municipal Affairs and Housing.
Alternative Recommendation To Item No. 3
In the event that the Board of Directors does not support staff recommended Item No. 3 in the recommendations
above,staff would recommend the following as an alternative TO RECOMMENDA TION Item No. 3:
9. THAT The CLOCA Board of Directors Recommends to the Council of the Municipality of Clarington that in
collaboration with Municipality of Clarington, Region of Durham and CLOCA staff, landowners on Cedar Crest
Beach Road bepolled as to whether or not they wish to proceed with a formal petition for a Local Improvement for
the purposes of conducting an Environmental Assessment and establishing comprehensive erosion protection works
along the Lake Ontario shoreline.
PS/CJ/ms
Attachments -Appendices 1 to 4(enclosed separately)
i
100 Whiting Avenue
Central Oshawa, Ontario
L1 H 3T3
Ontario Phone (905)579-0411
LakeFax(905)579-0994
Conservation Web: www.cloca.com
Email: mail@cloca.com
Member of Conservation Ontario
April 9, 2019
via email and snail to agreentree(&clarington.net
Ms. Anne Greentree
Clerk
Municipality of Clarington
40 Temperance Street
Bowmanville ON LIC3A6
Dear Ms. Greentree:
Subject: Central Lake Ontario Conservation Authority Resolution Regarding
Port Darlington Shoreline Hazard Study
CLOCA IMS No: PSSG 4177
At their meeting of March 19, 2019 the Central Lake Ontario Conservation Authority (CLOCA)
Board of Directors passed the following Resolution:
Resolution#38
1. THAT the final Port Darlington (West Shore) Shoreline Management Report, Report on
Flooding and Port Darlington Shore Protection Concepts Report he received,
2. SHAT the amendments to the CLOCA Policy and Procedural Document for Regulation I
- and Plan Review contained in Appendix 4 be recommended for adoption following
approval of flood mitigation as outlined in #5;
3. THAT the CLOCA Board of Directors Recommends to the Council of the Municipality of
Clarington that consultations be commenced, to be led in collaboration between the
Municipality of Clarington, Region of Durham and CLOCA,for the development of a
Long-Term Incremental Voluntary Land Disposition Program for lands in the Port
Darlington Area that are deemed to have unacceptable risk from natural hazards , based
on the principle of willing seller-willing buyer, and pending the results of negotiations with
other potential funding partners,pursue Option .#2 or#3 of the Baird Report,
1 of 2
What we do on the land is mirrored in the water
Central Lake Ontario Conservation
Municipality of Clarington April 9, 2019
<4 THAT the CLOCA Board of Directors Requests that the Municipality of Clarington
Implement the Clarington Official Plan Regulatory Shoreline Policies, as amended by
Official Plan Amendment 107, and the CLOCA Policy and Procedural Document for
Regulation and Plan Review, through a Zoning By-law enacted under the Planning Act,
_5) THAT the CLOCA Board of Directors recommends that the Council of the Municipality of
Clarington consider the options to improve safe access along municipal road in the Port
Darlington area as part of capital planning and budgeting and that the implementing road
works be constructed where feasible and appropriate,
6. THAT the CLOCA Board of Directors Requests that St Marys CementlVotorantim
Cimentos support efforts to protect people and property in the Port Darlington Area
through supporting implementing programs and projects as recommended in Staff Report
#5630-19,
7. THAT Port Darlington residents and all contributors to the Study be thanked for their
participation and contribution to the study process,
8. THAT Staff Report #5630-19 be circulated to participants in the Study Consultation,
Watershed Members of Parliament and Provincial Parliament, the,Region of Durham and
the Ontario Ministries of the Environment, Conservation and Parks, Natural Resources
and Forestry, and Municipal Affairs and Housing.
RES. 08, CARRIED AS AMENDED
Accordingly,please find the Staff Report and associated study reports enclosed with this letter.
Yours truly,
Chris Darling,MCIP,RPP
Chief Administrative Officer
CJ/
Encl. CLOCA Staff Report 5628-19
What we do on the land is mirrored in the water F ,r
r
Central Lake Ontario Conservation
Municipality of Clarington April 9, 2019
cc: Hon. Erin O'Toole MP,Erin.OToole.C1A(4parl.gc.ca
Hon. Rod Phillips, MPP (Ajax), Minister of the Environment, Conservation and Parks
rod.phillipsco[7a,pc.ola.org
Lindsey Park,MPP (Durham)kindsey.parkco@pc.ola.or>
Jennifer K. French, MPP (Oshawa)JFrench-CO&Idp.on.ca
Lorne Coe,MPP(Whitby—Oshawa)lorne.coeco&c.ola.org
Hon.Peter Bethlenfalvy,MPP (Pickering-Uxbridge),President of the Treasury Board
peter.bethlenfalvyco(a,pc.Ola.o
Ralph Walton,Regional Municipality of Durham,rdph.waltont�a,durham.ca
Alec Harras,Town of Ajax,Alexander.harras(o),aiax.ca
Clerk, City of Oshawa, clerks ,oshawa.ca
Debbie Shields, City of Pickering, clerksna,pickering.ca
JP Newman, Township of Scugog,inewman(a)scueog.ca
Debbie Leroux,Township of Uxbridge dleroux@town.uxbridge.ca
Chris Harris,Town of Whitby,harrisc@whitb .cca
Brian Bridgeman, Region of Durham, Brian.Bridgeman@durham.ca
Dave Meredith, Town of Ajax,Dave.Meredith(d,)alax.ca
g:\planning\planning\comments\2019\port darlington study resolution transmittal.doc
What we do on the land is mirrored in the water `
April 5,2019
The Honourable Catherine McKenna The Honourable Rod Phillips
Minister of Environment and Climate Change Minister of Environment, Conservation and parks
House of Commons Ferguson Block, 11" Floor
Ottawa, ON 77 Wellesley St.W
K1A OA6 Toronto, On M7A2T5
Dear Ms. McKenna and Mr. Phillips:
I am writing to you today as the President of the Port Darlington Community Association (PDCA)to request your support
in addressing environmental damage resulting from federally and provincially permitted industrial development.
PortRariington, located on the shores of Lake Ontario in the Town of Clarington about an hour east of To'ro ito,,has
been an area of settlement pre-dating Confederation. Some of the earliest dwellings constructed in the 1800s are still
standing today. Overtime,the area has transitioned from a cottage area to year-round dwellings with new home
permits being granted by the Central take Ontario Conservation Authority(CLOCA)and the Town of Clarington as
recently as 2017.
In 1972,St Marys Cement Corporation expanded their Bowmanville operation and,with appropriate measures in place
at the time,were permitted to construct a deep water pier at the quarry to service the plant expansion.At that time,St
Marys'own consultants [1] recognized the potential for downdrift erosion impacts on the Port Darlington area.
Construction was nevertheless allowed to proceed,and the approved deep water pier was fully implemented by the
mid-1990S.
Subsequent to the original study in 1972,a number of other reports have been commissioned that support the
predictions made at the time of initial approvals. [2][8][4][5]
Since the initial expansion, local residents have anxiously watched as the predicted erosion became reality and the
expansive beach,which had historically protected the residents from Lake Ontario wave uprush,eroded,shifted,and
disappeared. Homes that once had as much as 50 feet of sloping sand and cobble beach for wave protection now have
little to none,and homeowners have had to Implement secondary protection at significant personal expense.The
secondary protection implemented in the mid-1990s is now failing and being overtopped by wave uprush from Lake
Ontario.
Residents now find themselves in the desperate position of having to.deal with the present-day impact of past decisions
permitted by municipal, provincial and federal authorities. These decisions were made despite the warning of St Marys'
own consultants at the time that there would be downdraft consequences resulting in total and complete erosion of the
existing beach.There are solutions to this crisis, but the solutions are beyond the capability of residents to implement,
both from a financial and regulatory perspective.
A report by Baird Coastal Engineers [5],completed for CLOCA in 2018, lays out 4 concepts for shoreline erosion
protection and confirms that options are both viable and available to protect property while rebuilding and stabilizing
the original beach. From the Baird Report: "The offshore breakwaters reduce energy at the shoreline and retain the
beach," and "this concept includes the highest level of protection and reduced overtopping for the properties located
along Cedar Crest Beach Road", Most importantly, Option 3, as presented in the Baird report, returns wave uprush
protection to a level that existed before the St Marys expansion was approved.
The PDCA is communicating with municipal, provincial and federal authorities to advocate for restoration of protection
from wave energy for our community-the same protection that once existed but that has been fully eroded in less than
50 years by industrial development. We are requesting funding support for Option,3 as presented in the Baird report,as
well as support in obtaining all required permits and approvals for the works to proceed.Your support of this request is
essential in making whole the historical decisions that were known at the time to be harmful to our community.
We look forward to your response and appreciate your ongoing support.
Kind eKWr 1 f�Mitc
President, Port Darlington Community Association
Cc.: The Honorable Erin O'Toole, MP Durham
The Honorable Jonathan Wilkinson, Min.of Fisheries,Oceans&Canadian Coast Guard
Sean Fraser, Parliamentary Secretary to Min. of Environment &Climate Change
Sean Casey, Parliamentary Secretary to Min. of Fisheries, Oceans& Canadian Coast Guard
Lindsey Park, MPP Durham
Adrian Foster, Mayor of Clarington
Corinna Traill, Clarington Councillor
Granville Anderson, Durham Regional Councillor
Eric Madsen,CEO/President,Votarantim Cimentos North America
Notes
[1]The design report commissioned by St Marys Cement regarding the Dock and Landfill Project submitted by A.Brebner and J.W.
Kamphuis on December 8, 1972,before construction of the pier stated: "The long landfill project would pose a complete interruption
to this littoral drift resulting in accretion on the west side and erosion on the east side of the pier, The rates of accretion and erosion
will be small,but the balance is very delicate to begin with. This balance will be completely upset and the company may be liable to
supply the downdraft areas(Cedar Crest Beach Road)with sand that the structure has trapped"
[2]The Lake Ontario Shoreline Management Report by Sandwell 1990 commissioned by the Province stated the Cedar Crest Beach
area as a "Damage Center C4 is a good candidate for beach nourishment. The beach is starved by St Marys Cement Pier."
[3]St Mary Cement Corporation Dock. An assessment of its Role in Shoreline Erosion and Sedimentation in Port Darlington
Waterfront 1990. By: Brian Greenwood Ph.D Consultant Geomorphologist. His summary states,"It is highly probable that the
present St Mary Cement Corporation dock contributes to shoreline erosion and recession in the Port Darlington Waterfront to the
east.The mechanism is through a sediment deficit in the total,natural,time averaged sediment budget."
[4]The Cedar Crest Beach shoreline is contained in a littoral sub-cell defined by St Marys pier in the west and Peter Rock Shoal in the
east.St Mary Cement Pier is listed as a primary littoral sub-cell barrier,which means that It appears to intercept upwards of 60%of
alongshore sediment transport in the surf zone. Report Number EGD-015-017 June 19,2017 report to Clarington General
Government Committee.
[S] Baird Report commissioned by Aqua Solutions 2018 states:"The piers at St Marys are approximately 650 meters long(measured
from the nearby shoreline)and extend to-8m CD. It is expected they act as a complete barrier to longshore movement of granular
sediment and therefore,there is no exchange of granular sediment between west and east shorelines on either side of the
piers....this means that St Marys'piers would block any potential supply of sediment available from the westerly
shorelines."Furthermore,the Baird report confirms that"approximately 2,000 m3 of sand had been deposited annually in the local
fillet beach immediately west of the piers."
v lid t ra i
CICi`il°ntos
May 10, 2019
Mayor Adrian Foster
Office of the Mayor
40 Temperance St.
Bowmanville, ON
L1 C 3A6
RE: Receipt of correspondence from the Port Darlington Community Association
Dear Mayor Foster;
St Marys Cement wishes to acknowledge receipt of a letter sent to you by the PDCA on April 5th, 2019.
The company recognizes that the Central Lake Ontario Conservation Authority (CLOCA) has been
involved in an on-going process considering options and opportunities, related to the Port Darlington
Shoreline. St Marys Cement continues to participate in that process as well, exercising discretion so as
to not to assume or pre judge related recommendations or outcomes.
CLOCA has invested significant effort into ensuring a better understanding of the many facets of this
complex resource management issue. It is the company's position that the circumstances are
significantly more complex than described by the Association in these letters.
According to the Port Darlington Shoreline Hazard Study, the Cedar Crest Beach and West Beach areas
are defined as flood damage centres with significant flood risk, and are prone to flooding (p.25). the
Study recognizes that, in these areas, homes are precariously located on sand spits (p.31) by an
unstable natural dynamic beach site, with a river and marsh system behind and the lake in front. As the
Study notes, as long as people are living in these damage centres, the risk of loss of life to a resident or
first responder due to another natural disaster will continue (p.30).
We also note that other recommendations include a voluntary disposition program, to address the safety
concerns, as well as tax payer funding for shoreline works.
Votorantim Cimentos North America 155 Industrial Street,Toronto, Ontario M4G 3W9 I Tel 416 423 1300, Fax 416 423 4211
votcrantimcimentos.com
Votorantim
Cimentos
St Marys Cement respects the right of the association to lobby for assistance, which in these letters is
characterized as "help and resources of government and (our) industrial neighbours". It is the company's
position that the information advanced by the Association, while representative of residents' concerns
and request, is neither a fully complete nor entirely accurate portrayal of all the history or naturally
occurring dynamics of this shoreline area or of the results of the Study.
It is our understanding that recommendations will be made to and reviewed by the Town of Clarington
Council at a yet-to-be-determined date.
We will, as our website states, continue to work closely with local government, and; we will participate in
the on-going CLOCA review, as well as the municipal component. We will also continue to communicate
in accordance with our open-door policy toward discussing appropriate, viable and sustainable future
responses and actions, when the path forward is made clearer. Should you be seeking more
information, please contact Ruben Plaza, Environmental Manager for St Marys Cement or me, at your
convenience.
Regards,
410/
Filiberto Ruiz
Chief Executive Officer, Votorantim Cimentos North America
CC
Catherine McKenna Minister of Environment and Climate Change
Rod Phillips Minister of Environment, Conservation and Parks
Erin O'Toole MP Durham
Jonathan Wilkinson Minister of Fisheries, Oceans&Canadian Coast Guard
Sean Fraser Parliamentary Secretary to Minister of Environment and Climate Change
Sean Casey Parliamentary Secretary to Minister of Fisheries, Oceans and Canadian Coast Guard
Lindsay Park MPP Durham
Corinna Traill Clarington Councillor
Joe Neal Clarington Council Ward 1&2- Durham Region Councillor
Granville Anderson Clarington Council Ward 3&4-Durham Region Councillor
Votorantim Cimentos North America 155 Industrial Street,Toronto,Ontario M4G 3W9 I Tel 416 4231300, Fax 416 423 4211
votorantimcimentos.com