HomeMy WebLinkAboutPSD-018-15 1,
Planning Services
Report
If this information is required in an alternate accessible format, please contact the Municipal
Clerk at 905-623-3379 ext. 2102.
Report To: General Purpose and Administration Committee
Date of Meeting: March 9, 2015
Report Number: . PSD-018-15
File Number: PLN 17.2.9 and RE 6.1.17 and 6.9.4 By-law Number: ?
Report Subject: Land transfer to Central Lake Ontario Conservation at Bowmanville
Marsh for Water Control Structure
Recommendations:
1. That Report PSD-018-15 be received;
2. That the lands at the mouth of the Bowmanville Marsh be declared surplus;
3. The Bowmanville Marsh parcel be transferred to the Central Lake Ontario Conservation for
the construction of a water control structure as outlined in the Bowmanville Marsh Habitat
Restoration Project;
4. That Staff work with the Central Lake Ontario Conservation to finalize the alignment of the
lands being transferred and prepare a Memorandum of Understanding to the satisfaction of
the Director of Planning Services and Director of Engineering Services; and
5. That all interested parties listed in Report PSD-018-15 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD-018-15 Page 2
Report Overview
Clarington acquired the lands at Bowmanville Marsh as part of the parcel expropriated from
Port Darlington Harbour Company. The Central Lake Ontario Conservation owns the
remainder of the Bowmanville Marsh and are currently undertaking work to improve the fish
species and habitat in the marsh. The rehabilitation work involves work at the mouth of the
marsh. Transferring the ownership to the conservation authority will help facilitate the work.
1 . Background
1.1 The Central Lake Ontario Conservation Authority approached the Municipality of Clarington
with the concept of transferring lands that the Municipality owns at the mouth of the
Bowmanville Marsh.
1.2 As per By-law 2011-011 the Municipality may transfer land with an "agency" providing that
the municipal land is declared surplus and the public notified.
2. Bowmanville Marsh Restoration Plan
2.1 Bowmanville Marsh is suffering from long term impacts of Lake Ontario water level
regulation; experiencing degraded water quality, lack of fish habitat and diverse
vegetation and declining habitat conditions for amphibians and bird species. The project
that the conservation authority is undertaking will improve the health of the marsh as
outlined in Attachment 1. A similar project was carried out on Westside Marsh in the
2004-5 and the long-term monitoring of it has proven that the fish species and number of
fish have greatly benefitted.
2.2 At this site, the water control barrier would enable the Conservation Authority to control
water levels within the marsh to better facilitate restoration objectives. The water control
structure will help to restrict undesirable fish species while enabling desirable ones to
enter into the marsh area for breeding and feeding.
2.3 Conservation Authorities can construct water control structures on Authority owned lands;
whereas the Municipality would be required to carry out an Environmental Assessment
The Conservation Authority is currently undertaking the technical background studies
required, have held a public open house and will be holding an additional information
session this spring/summer. The steps involved in an Environmental Assessment are
being carried out and all the necessary approvals will be sought by Central Lake Ontario
Conservation.
3. Transfer of Land
3.1 The property at the mouth of Bowmanville Marsh where the marsh empties into the creek,
was acquired by the Municipality as part of the expropriation of the west beach lands from
the Port Darlington Harbour Company. The Municipal ownership does not extend into the
creek which is in the ownership of the Port Darlington Harbour Company and integral to the
operation of the Wigger's Custom Yacht operation and related companies.
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Municipality of Clarington
Report PSD-018-15 Page 4
3.3 The Conservation Authority and Municipality have worked jointly on the implementation of
the Waterfront Trail; other environmental protection and enhancement projects such as
the Westside Marsh Rehabilitation.
3.4 When the Municipality is purchasing or disposing of property, it is typically done so based
on appraised values. In this case the lands proposed to be transferred have limited value
on the open market because of their designation as environmental protection in the
Official Plan and Zoning By-law. The transfer is between two public agencies both with
the mandate of environmental protection; as such By-law 2011-011 exempts the transfer
from the requirement of an appraisal. The area proposed to be transferred is
approximately one and a half hectares, with the majority submerged under water.
3.5 There will be some incidental costs for the transfer of the property. Survey costs will be
borne by the Conservation Authority. Legal work and registration will be carried out by
the Municipal Solicitor. The cost of the design and development of the control barrier and
other rehabilitation project phases, including development of the walking trail,
interpretation signage, canoe/kayak launch(es) will be borne by the Conservation
Authority. Central Lake Ontario Conservation has secured significant funding
commitments for this multi-year project and continues to pursue additional funding
opportunities.
4. Memorandum of Understanding
4.1 To facilitate the ongoing work and relationship between the Conservation Authority and
Municipality it is recommended that a Memorandum of Understanding be drafted to
address the Conservation Authority's need to enter onto municipally owned lands to
complete the control structure and marsh enhancement works.
4.2 The Memorandum will also address the ongoing working and future relationship with
regard to the development of the Waterfront and Valleys 2000 trail system. There are
portions of the Waterfront Trail on Conservation Authority lands that have been
developed and are maintained by the Municipality. In the future it may be necessary to
traverse some Conservation Authority lands to provide for the extensions to the north
along Bowmanville and Soper Creeks.
5. Concurrence
This report has been reviewed by Engineering Services and Legal who concur with the
recommendations.
6. Conclusion
Staff at the Municipality and Conservation Authority are recommending the transfer of the
parcel shown in Figure 1 at the mouth of Bowmanville Marsh. The transfer of these lands
would facilitate the rehabilitation plans the Conservation Authority has for the marsh while
achieving the anticipated future development of the West Beach Park north of the parking
lot. In addition, the Memorandum of Understanding will outline the working relationship and
Municipality of Clarington
Report PSD-018-15 Page 5
future development of the Waterfront and Bowmanville Valley Trail system by the
Municipality on Conservation Authority lands.
7. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan.
Submitted by: Reviewed by. �' -� `��6�
OA*fJ. Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Staff Contact: Faye Langmaid, Manager of Special Projects, 905-623-3379, extension 2407 or
flangmaid(a-clarington.net
Attachments:
Attachment 1 —Project Description of Bowmanville Marsh Rehabilitation Works
The following is a list of the interested parties to be notified of Council's decision:
Chris Darling, CAO Central Lake Ontario Conservation
F L/s n
Attachment 1 to
Municipality of Clarington Report PSD-018-15
Central Bowmanville Marsh Habitat
Lake Ontario
Conseno(ion
Restoration Project
Central Lake Ontario Conservation Authority(CLOCA)is a local community based environmental
organLmtjon and one of 36 Conservation Authorities across On tario. We were establigted it? 1958 with
a mandate to establish and undWake programs to promote conservation, restoraiYon, development and
managenvrit of natural resources in partnership with lc al Municpal!WNs and the Province. Our missib nis
to work towards the awareness, understanding wise use and enhancement of our watershed resources for
the benefit of the natural envirorment.As watershed rnanager,.. CLOCA has extensAee knowk;hdge regarding
restoration of wetbrids and aquatic communities within ourjurlsdiction. We have been working with the
community in the restoration of two local Great Lakes coastal weURnd prqects.. Cranberry Marsh ar?d
Second Marsh and have developed a restoration shralegy for McLaughlin Etav
Coastal Wetlands in
Durham Region
Great Lakes coastal wetlands are formed at the
mouths of streams and rivers in bays along the
shoreline. They are located in the transitional
zone between the upland area and deeper lake
waters. Wetlands like these are biologically
rich and productive ecosystems that provide
essential ecological and SOG!elal services.
Because wildlife communities and their habitats
have been monitored, we know wetland This monitoring program has allowed CLOCA to
functions and values have been impacted in systematically inventory, evaluate and assess
Durham Regions coastal wetlands. key components of these ecosystems. The
results help identify appropriate restoration
Through the Durham Region Coastal Wetland measures and evaluate the effectiveness of
Monitoring Project (DRCWMP), we have been past restoration efforts.
monitoring 15 coastal wetlands in the area
since 2002, and 18 wetlands since 2007. Data In 2014, CLOACAE staff continue to prepare
has been collected on the following indicators Wetland Conditions and Management Reports
to determine the health of each of the wetlands: for a number of the coastal wetlands. These
fish reports document and synthesize monitoring
• birds information collected to date, providing an
amphibians assessment of wetland health to help direct
water levels future management recommendations.
•• water quality Coastal wetlands monitoring involves a number
• aquatic macroinvertebrates of stakeholders Including Environment Canada,
• sediment quality neighbouring Conservation Authorities and
SLibrnerged aquatic vegetation
local volunteers who assist with collecting some
ELC-riparian vegetation and land Use of the data.
Bowmanville Marsh Habitat constructed from logs, rootwads, coniferous
brush and recycled Christmas trees to provide
Restoration Project: Phase 1 fish with habitat to meet the requirements of their
life cycle, including spawning, nursery, rearing
Aquatic Habitat Restoration and feeding.
The Bowmanville Marsh Habitat Restoration The tangled roots and branches provide gaps
Project focuses on conservation efforts to improve for fish to enter and hide.Rocks or cinderblocks
the fish community for the Bowmanville Marsh, can be used to weigh down the structures and
a 33-hectare Provincially Significant coastal ensure that they remain at the bottom of the
wetland located on the shores of Lake Ontario wetland. The final structures can be installed in
in the Municipality of Clerington within the 66 ha the wetland during the open water part of the
Bowmanville/Westside Marshes Conservation year, or by constructing there on winter ice and
Area,owned and managed by CLOCA. allowing them to sink to the bottom when it melts..
Monitoring data from the DRCWMP indicate
that the fish community in Bowmanville Marsh Project Funding and
has been stable and in fair to good condition Partnerships
from 2002#o 2013.However,the fish community
has low diversity and is dominated; by the more
common, poor water quality tolerant species
e need your help[
such as Brown Bullhead, Pumpkinseed,Spottail The Recreational Fisheries Conservation
Shiner and Golden Shiner. There is a low
number of individual fish caught at this marsh Partnership Program administered by Fisheries
and Oceans very few piscivores (predator fish), which ceans Canada has approved the Aquatic
are important to overall community diversity. $50,000 Restoration Project to be eligible for
$50,000 in matching funding. We are looking
The fish population is limited here by the lack
of structural habitat, vegetation cover and to community partners to help us match that
degraded water quality�CLfSCA, 20f 3}. funding (in-kind or financial) and mane fire
project toward implementation.
The goal of the Bowmanville Marsh Habitat If you are interested in becoming apartner,either
Restoration Project is to increase the aquatic through the donation of materials, technical
health of the marsh.As part of a larger restoration expertise or financial donations, please contact
project that will address the lack of vegetation
cover and water quality, we are proposing to our Aquatic 'Biologists
initiate phase one, to increase the productive Ian Kelsey
capacity of the fishery by installing complex ikelsey @cloca.com
habitat structures in the Marsh. These will be 909-579-0411 ext 143
ALI
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s
d r►
'Af t'rulrul UPDATE:
49Lake Ontario Bowmanville Marsh Habitat Restoration Project
-:11 Can.rervatinn
February 20115
Phase 1 -Aquatic Habitat Restoration The workplan for Phase I includes,
installing habitat features using natural
Central Lake Ontario Conservation would materials such as logs, stumps, brush
like to update our partners and and rocks_ These will be assembled in a
neighbours that Phase I Aquatic Habitat variety of ways to create underwater
Restoration of the Bowmanville Marsh structures that will provide shelter,
Habitat Restoration Project, will be nursery and feeding opportunities for the
initiated this month alongside additional fish community. When you visit or drive
in-marsh work to help support future by the Marsh, you can expect to see the
phases of the project_ contractors on the ice with large
equipment moving materials into place
and constructing these aquatic habitat
features-
._s
As presented at the Public Information
Centre hosted on July 1 e, 2014 at
Bobby C's Dockside Restaurant, Phase
will be the first in a series of projects If you would like more information
designed to improve overall health of regarding this project please contact
Bowmanville Marsh as recommended by Mr. Ian Kelsey,Aquatic Biologist with
the Durham Region Coastal Wetland Central Lake Ontario Conservation,
Monitoring Project- 905-579-0411,exL 143 or
The focus will be to enhance the email: ikelsevCocloca.com.
sustainability and ongoing productivity of
the recreational fishery in this wetland
through the Recreational Fisheries Thank You To Our Project Partners
Conservation Partnership Program Fisheries and Oceans Canada
administered by Fisheries and Oceans St. Mary's Cement Company
Canada. Canadian V4'oodland Contractors Inc.
KA,PP Contracting Inc.
Bowmanville Marsh is a 33-hectare Municipa%,of Clarington
Provincially Significant Coastal Wetland Metrus Development
located on the north shore of Lake Cosbum Giberson Landscape Architects
Ontario in the Municipality of Clarington Kettleby{Contracting
within the BowmanvilleNVestside Marshes TBC Landscape Inc.
Conservation Area, owned and managed
by Central Lake Ontario Conservation.
11-hat we cio on the land is inhi rored in the water www.cloca.com
CL0CA,:1615 A'GP.Ob L'h';C2