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HomeMy WebLinkAboutPDS-061-23Clarftwn Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: October 23, 2023 Report Number: PDS-061-23 Submitted By: Reviewed By: Carlos Salazar, Director of Planning and Infrastructure Services Mary -Anne Dempster, CAO By-law Number: File Number: PLN 15.16 Resolution#: PD-073-23 Report Subject: Port Granby Nature Reserve Proposal - Update Recommendation: 1. That Report PDS-061-23, and any related delegations or communication items, be received for information. Municipality of Clarington Report PDS-061-23 Report Overview Page 2 The Port Granby Project is now complete and has transitioned to the long-term monitoring and maintenance of the site. In addition to naturalization of both the historic and the new low-level radioactive waste facilities, Atomic Energy of Canada Limited continues to consult on the proposal to divest the lands which are surplus to the project. It is contemplated that the surplus lands would form the future Port Granby Nature Reserve. This report provides an update on consultation with the municipalities, First Nations and local community, and supplemental environmental monitoring work being carried out on the surplus lands. An update on planning for the local road network, which will be maintained, and the implications for lease agreements between the Municipality and Government of Canada is also provided. A formal decision in response to the Port Granby Nature Reserve Proposal has not been issued but is anticipated soon. 1. Background Port Granby Project 1.1 The Port Granby Project (PGP), a component of the Port Hope Area Initiative, is located in the southeast corner of Clarington at the Port Hope boundary line (Figure 1). It has involved the relocation of approximately 1.3 million tonnes of historic low-level radioactive waste and marginally contaminated soils from the former Port Granby Waste Management Facility to a new, engineered aboveground mound on adjacent lands, set back from the Lake Ontario shoreline. 1.2 As part of the PGP, the Government of Canada purchased 270 ha of land from Cameco Corporation (Figure 2). These lands include the historical waste site (Parcel 1A), the site of the new Long Term Waste Management Facility (LTWMF) (Parcel 2), and 174 ha of land that are surplus to the clean-up project (Parcels 1 B, 3, 4A/13, 5). All parcels are located within Clarington, with the exception of Parcel 413, which is within the Municipality of Port Hope. 1.3 The clean-up project has been undertaken on behalf of the Government of Canada by Atomic Energy of Canada Limited (AECL). AECL has also been transferred ownership of the entire (270 ha) Federal land holding. Capping of the new containment mound at the LTWMF was completed in the fall of 2021, and the project has entered into the long- term monitoring and maintenance phase. Municipality of Clarington Report PDS-061-23 Kilometers 0 035 07 9.05 y Former Cameco Corporation Land Holdings 0 Long Term Waste Management Facility = Former Port Granby Waste Management Facility Iv Clar�aon w f S Figure 1 — Port Granby Federal land holdings Page 3 Municipality of Clarington Report PDS-061-23 Page 4 t ° o x 2 -6 i4n 7f ff0 8 ha [3. � 7 5 iui 56.7 ha a 51.2 ha v. 4B 4A 18.4 ha lA 31.3 ha a 16.9 ha a Port Granby Project Lands Surplus Lands IV Figure 2 — Port Granby Project and surplus Federal land holdings Municipality of Clarington Report PDS-061-23 Port Granby Nature Reserve Proposal Page 5 1.4 The Port Granby Nature Reserve (Nature Reserve) Proposal is a collaboration with the Municipality of Port Hope, Ganaraska Region Conservation Authority (GRCA), and the community. It represents a request to the Government of Canada to divest the lands surplus to the PGP (Figure 2 — Parcels 1 B, 3, 4A/B, 5) to the local municipalities for ecological restoration, enhancement, and conservation, as the project legacy for the local community. 1.5 Initial discussions and planning for the eventual end use of the PGP lands began in 2007 with the formation of an End -Use Advisory Committee by the Municipality and the Port Hope Area Initiative. The Committee recognized the unique opportunity of having a large block of land in public ownership along the Lake Ontario shoreline. Accordingly, the Committee expanded its focus to include all of the federal land holdings in the Port Granby area, establishing what was referred to as an `Ecology First Full Concept' vision (Figure 3). 1.6 A chronology of the key actions and Council directions relating to the end use of the Federal land holding in the Port Granby area, submission of the Nature Reserve Proposal to the Federal Government in 2015, and subsequent planning is provided as Attachment 1. 1.7 The following previous reports to Council summarize the work and recommendations of the End Use Advisory Committee and a subsequent working group formed to further the implementation of the Full Concept vision, the Nature Reserve Proposal, and the progress of Proposal review activities by AECL, on behalf of the Government of Canada: • PSD-051-10 (April 19, 2010) — Report of the End Use Advisory Committee • PSD-034-13 (May 6, 2013) — Preparation of and End Use Management Plan • PSD-032-15 (June 8, 2015) — Port Granby Nature Reserve Proposal • PSD-021-21 (April 6, 2021) — Confidential Land Acquisition Matter 1.8 The purpose of this report is to provide an update on the status of the review and consultation on the Nature Reserve Proposal since the last reporting in April 2021. Municipality of Clarington Page 6 Report PDS-061-23 Figure 3 — Ecology First Full Concept end use landscape and design plan (2010) Municipality of Clarington Report PDS-061-23 2. Proposal Review Update Page 7 2.1 In preparation for a potential divestiture of surplus land, AECL has undertaken extensive consultation as well as environmental due diligence, as outlined in the following sections. Working Group 2.2 As construction of the new storage mound was nearing completion, a Working Group was established to advance consultation and collaboration on the Nature Reserve Proposal and the integration of indigenous involvement. 2.3 The Working Group is led by AECL and includes representatives from Williams Treaty First Nations, the Southeast Clarington Ratepayers Association, and the Municipality's of Clarington and Port Hope. The Working Group has provided an important forum for relationship building. 2.4 Based on discussions with the Working Group, a draft Memorandum of Understanding (MOU) has been prepared by AECL and reviewed by the Working Group. The MOU, which is symbol ic/aspirational in character, seeks to establish a mutual understanding of a joint partnership between AECL, the Municipality's of Clarington and Port Hope, First Nations, and the Southeast Clarington Ratepayers Association for the establishment and operation of the proposed Nature Reserve. 2.5 A final draft MOU is anticipated this fall. The draft MOU would be brought to Council for consideration alongside a formal offer of land transfer from AECL, at their discretion. Over the coming months, the Working Group will begin discussions on a potential governance and management framework. 2.6 The governing structure has evolved since 2015. Given the land stewardship guidance provided by First Nations, GRCA has taken a step back, allowing them the opportunity to be a bidder on the restoration and management of the lands, should that occur. AECL is indicating greater on -going involvement than originally anticipated, which continues to be defined. Environmental Due Diligence 2.7 In 2022, in response to questions of Council and through discussions with the Municipality's Peer Review Consultant and AECL, a Phase 1/11 Environmental Site Assessment (ESA) process for the surplus lands was initiated, and paid for by AECL. 2.8 The Phase II ESA is nearing completion. The Phase 1/11 reports will be shared with the Municipality following review by AECL (anticipated fall 2023). Review on the Municipality's behalf will be done by the Municipality's Peer Review Team for the PGP and external Legal Counsel, the outcomes of which will be reported to Council. Municipality of Clarington Page 8 Report PDS-061-23 3. Other Updates — Local Road Network 3.1 There are currently two road lease agreements in place with the Government of Canada for access to the PGP lands and to environmental monitoring locations. These include: • Elliott Road from Concession Road 1 to Lakeshore Road; and • Nichols Road from the CP Rail Line south to Lake Ontario. 3.2 As a result of the PGP End Use Transportation Network Municipal Class Environmental Assessment, the existing road network (Elliott Road) will continue as the primary access to the new LTWMF. The lease for Elliott Road from Concession Road 1 to the LTWMF entrance will be extended indefinitely to the Government of Canada with requirements for on -going maintenance and provision for continued access for adjacent property owners. Safety improvements will be made at the intersection of Concession Road 1 and Elliott Road to improve sight lines and clear zones. 3.3 The lease of Nichols Road is set to expire in 2024. If determined by AECL that environmental monitoring on Nichols Road, north of Lakeshore Road, will be necessary over the long term, the lease will require extension. When environmental monitoring is no longer required, the road lease agreement will cease. 3.4 Currently, there is no way to travel over the railway tracks crossing Nichols Road as the previously existing railway overpass bridges have been removed. While these removals align with the vision set out in the Nature Reserve Proposal, the process to relinquish access may not yet be fully resolved, and dialogue with Canadian Pacific Railway is ongoing. 3.5 Future access to the PGNR was considered in the Proposal as being very limited. Access was contemplated as being from Lakeshore Road and by the Great Lakes Waterfront Trail, with the possibility of a trail to the lake on the Nichols Road right-of-way south of Lakeshore Road. As part of the realignment of Lakeshore Road, AECL has included wider travel lanes with paved shoulders to support cycling, improving the Great Lakes Waterfront Trail from the southern access to the LTWMF to east of Nichols Road. 4. Financial Considerations 4.1 The Nature Reserve Proposal includes estimated five-year capital and annualized operating budgets for the restoration and maintenance of the Nature Reserve lands, based on 2014 project costs. It was anticipated that capital costs would be sought from a number of sources (e.g. grants) by the partners and stakeholders involved. Operating costs were to be allocated proportionally by the landowners (i.e. Clarington and Port Hope). 4.2 Short-term financial considerations for initial maintenance of the surplus lands, subject to a land transfer agreement being reached in early 2024, is being considered as part of the 2024 — 2027 Municipal budget process. Municipality of Clarington Report PDS-061-23 Page 9 4.3 Staff Report FND-018-12 discussed the disposition of the $10 Million Host Community Fee and associated interest for the PGP. Council resolved in part "that the existing Port Granby Reserve Fund be maintained and directed in future to achieve Council objectives pertaining to the End Use Plan and other mitigation measures deemed necessary." The Port Granby Reserve Fund currently has a balance of $320,918 from the interest on the Host Community Fee. 4.4 It is anticipated that costs associated with safety improvements at the intersection of Concession Road 1 and Elliot Road will be paid for by AECL and / or the rail authorities as compensation for the permanent closure of the Nichols Road bridges. 5. Concurrence This report has been reviewed by the Director of Public Works, the Deputy CAO/Solicitor and the Deputy CAO/Treasurer, who concur with the recommendation. 6. Conclusion 6.1 AECL, on behalf of the Government of Canada, continues to be engaged in discussions with the Municipality's of Clarington and Port Hope, First Nations, and the local community on the proposed creation of a nature reserve on the surplus lands surrounding the PGP. While a formal decision in response to the Nature Reserve Proposal has not yet been made, Staff continue to work towards an outcome that will best serve the public interest. 6.2 Next steps include the following, the timing of which will depend upon the receipt of ESA reporting from AECL: Consideration of initial estimated operating costs for a Nature Reserve as part of the 2024 multi -year budget process; Review of Phase 1/11 ESA reports by the Municipal Peer Review Team and Legal Counsel; • Report back to Council on results of the ESA. Staff Contact: Amy Burke, Project Manager, Corporate Performance, 905-623-3379 ext. 2423 or aburke@clarington.net. Attachments: Attachment 1 — Chronology of Key Events and Council Directions Interested Parties: List of Interested Parties available from Department. Attachment 1 to PDS-061-23 Summary of Key Actions and Council Directions - End Use of the Port Granby Project Lands Timeline Action 2007 An End Use Advisory Committee formed by the Municipality and the Port Hope Area Initiative Management Office (PHAIMO) to develop land use options for the Port Granby Project (PGP) lands. Mar. 2010 PGP Ecology First End Use Advisory Committee Report published. Apr. 26, 2010 Council endorsement of Report PSD-051-10 regarding the `Full Concept' End Use Concept proposed by the PGP End Use Advisory Committee (Resolution #GPA-240-10). Council also resolved to request the PHAIMO and Natural Resources Canada initiate discussions with the Municipalities of Clarington and Port Hope and the Ganaraska Region Conservation Authority (GRCA) regarding implementation of the Full Concept vision, including the ownership and management of the lands. Jun. 2012 Report FND-018-12 discussed the disposition of the $10 million Host Community Fee and associated interest for the PGP. Council resolved in part "that the existing Port Granby Reserve Fund be maintained and directed in future to achieve Council objectives pertaining to the End Use Plan and other mitigation measures as deemed necessary." (Resolution #C-226-12) Jul. 2012 The Municipalities of Clarington and Port Hope, GRCA and Port Granby residents formed a working group to further the implementation of the Full Concept vision, including the development of a stewardship plan, governance structure and management plan. May 13, 2013 Council endorsed PSD-034-13 allocating funding to retain GRCA to undertake a Management Plan for the proposed Port Granby Nature Reserve (PGNR) (Resolution #GPA-310-13). Jun. 15, 2015 Council consideration of PSD-032-15 and endorsement of the PGNR Proposal, including direction to submit to the Government of Canada (Resolution #GPA-401-15). Jul. 2015 Presentation of the PGNR Proposal to the PGP Agreement Monitoring Group and proposal submission to Natural Resources Canada. Jul. 2015 — Presentations by Municipality of Clarington Staff to interested Dec. 2021 community groups, the Port Granby Project Citizen Liaison Group, and PHAIMO's Port Granby Discussion Group, and displays at community events (e.g. Doors Open Clarington). Attachment 1 to PDS-061-23 Timeline Action Jan. 14, 2016 Direction received from the Minister of Natural Resources that the authority regarding the disposition of lands and a decision on the PGNR Proposal will reside with Atomic Energy of Canada Limited (AECL) on behalf of the Federal Government. Mar. 2019 — to Municipality of Clarington staff participation in Indigenous date consultation with Williams Treaty First Nations, led by AECL. Jun. 10, 2019 Council approval of the Clarington Strategic Plan 2019 to 2022, which included legacy project goal D.2 — Pursue a final decision from Atomic Energy of Canada Limited (AECL) and Canadian Nuclear Laboratories (CNL) respecting the disposition of lands for the Port Granby Nature Reserve. 2019-2022 Brief updates to Council provided via the Strategic Plan 2019 — 2022 reports to Council. Apr. 6, 2021 Council endorsement of Confidential Report PDS-021-21 providing an update to Council on AECL's review of the PGNR Proposal and Indigenous consultation, and appointment of Councillor Zwart as Council Liaison to the on -going stakeholder discussions relating to the PGNR (Resolution #PD-128-21). Dec. 2021 Working group formed to advance discussions on partnership agreement and governance/management structure, led by AECL. Budgets 2020, Notice included that a portion of the accumulated interest from the 2021 and 2022 legal settlement with the Federal Government relating to the PGP would be left in the Port Granby LLRW Agreement Reserve Fund "to assist with potential implications in the future, most likely for work around future uses of the site outside the perimeter once they are in the maintenance stage." May 30, 2022 Confidential verbal update to Council on AECL's review of the PGNR Proposal and discussions of the working group. Request by Council for an education session on the current and future long term environmental monitoring program for the PGP lands. Jun. 13, 2022 Presentation to Council by the Municipality's Peer Review Consultant for the PGP and Canadian Nuclear Laboratories regarding the Port Granby Monitoring Program.