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HomeMy WebLinkAboutPSD-032-15 Clarftwn 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: June 8, 2015 Report Number: PSD-032-15 Resolution Number: GP4- LJO\d\5 File Number: PLN 15.16 By-law Number: Report Subject: Port Granby Nature Reserve Proposal Recommendations: 1. That Report PSD-032-15 be received; 2. That the Port Granby Nature Reserve Proposal (Attachment 1 — under separate cover) be submitted to Natural Resources Canada, as the rationale and proposed framework for the implementation of the Ecology First Full End Use Concept Plan, including the ownership and management of the subject lands; 3. That the Mayor meet with representatives of the federal government to pursue the eventual dispositioning and transfer to the local municipalities of the surplus federal lands; 4. That the members of the Port Granby Nature Reserve Working Group be thanked for their work and involvement in preparing the proposal; and 5. That all interested parties listed in Report PSD-032-15 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD-032-15 Page 2 Report Overview The Port Granby Project has been an ongoing federal government initiative to clean-up low level radioactive waste from the former Eldorado refinery in Port Hope. The low level radioactive waste was deposited at the Port Granby site between 1955 and 1988. The legal agreement signed in 2001 with the Municipalities of Port Hope and Clarington set out the process that would be followed to determine how the waste would be managed for its long- term storage. In the fall of 2011, the Canadian Nuclear Safety Commission granted a license for the development of a fully-engineered waste mound to be constructed north of Lakeshore Road for the 450,000 cubic metres of contaminated soil located at Port Granby. This report addresses the lands owned by the federal government which are surplus to the Port Granby clean-up project, and the opportunity that these lands present to establish the Port Granby Nature Reserve. 1 . Background In 2007, the Municipality of Clarington and the Port Hope Area Initiative Management Office established an End Use Advisory Committee to develop land use options for the Port Granby Project lands. Committee members included the Ganaraska Region Conservation Authority (GRCA) and three Port Granby area residents; one of whom lives in Port Hope (former Hope Township). The initial focus of the End Use Advisory Committee's work was to develop an end use plan for the existing and new waste management facility lands that would restore and enhance their ecological and natural heritage attributes. The Committee recognized the unique opportunity provided by 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. As part of the Port Granby Project, the Government of Canada owns 270 ha of land in the Port Granby area. These lands, as shown in Figure 1(below), include: • The existing Port Granby Waste Management Facility (Parcel 1A — 16.9 ha); • The site of the new Long Term Waste Management Facility (Parcel 2A - 28 ha); • Parcel 213 (50ha) required by the federal government contractor for the duration of the construction, after which it will be surplus; • Parcel 46 (18.4 ha) in the Municipality of Port Hope and surplus to the Port Granby Project; and • Parcels 1 B, 3, 4A and 5 (some 150+ha) in the Municipality of Clarington and surplus to the Port Granby Project. Parcel 1A, 2A and 213 are licensed by the Canadian Nuclear Safety Commission. It is anticipated that Parcel 1A and 213 could in the future no longer be licensed, Parcel 213 Municipality of Clarington Report PSD-032-15 Page 3 following construction of the new waste management facility and Parcel 1A once the full remediation takes effect (50+ years). Figure 1: Government of Canada Land Holdings, set out by Parcel a f f. `� 2A 56.7 ha x . .t.,a 4A 4B ' 1A 31.3 ha 18.4 ha ' 16.9 ha i 1 B Government of Canada Land Holdings w Project Lands PO rt Granby Surplus Lands /y G7at7>�tf>n The Port Granby Project Ecology First, End Use Advisory Committee Report, completed in March 2010, recommended the adoption of a restoration and conservation landscape concept for the entire 270 ha under federal ownership (see Attachment 2). This concept, identified as the "Full Concept" in the report, was viewed as having the greatest potential to create a variety of habitats, environmental linkages and other compatible uses on the Port Granby lands. Clarington Council considered and endorsed the Port Granby End Use Advisory Committee's report dated March 10, 2010 on April 26, 2010 (PSD-051-10). Likewise Port Hope Council endorsed the end use report at their May 18, 2010 Council meeting, and the GRCA Board endorsed the report May 20, 2010. Clarington Council received a report in May, 2013 (PSD-034-13) updating the progress of the project and authorizing the preparation and funding of a management (stewardship) plan by GRCA. Municipality of Clarington Report PSD-032-15 Page 4 2. Work to Date Beginning in July 2012, municipal staff from Clarington and Port Hope, as well as GRCA staff and Port Granby residents, formed the Working Group to further the implementation of the Full Concept for the Port Granby lands. The objectives of this working group have been to develop a Stewardship Plan, ownership and governance structure and business case for the Port Granby Nature Reserve. These key elements are critical to providing the rationale required by the federal government to transfer the lands to the municipalities at nominal cost for the purposes of conservation and ecological restoration. 2.1 Port Granby Nature Reserve: Realizinq the Vision (Attachment 1, under separate cover) was prepared by and represents the work of the Port Granby Nature Reserve Working Group, bringing together these key elements. It includes: • A brief history of the Port Granby area, the Port Granby Project, and the establishment of the holistic, Ecology First end use concept (Chapter 1); • The vision of the Port Granby Nature Reserve and the related community and environmental benefits (Chapter 1); • A summary of the extensive community and government involvement and collaboration that has taken place in working towards the realization of this vision (Chapter 2); • The Port Granby Nature Reserve Stewardship Plan, prepared by Ganaraska Region Conservation Authority, laying out a feasible and affordable approach for the restoration and management of Port Granby Nature Reserve lands over both the short and long- term; (Chapter 3 and Appendix B); • A proposed governance structure that demonstrates that the Port Granby Nature Reserve can be capably and responsibly administered by an Advisory Committee and partnership agreement (Chapter 4); • A proposed implementation and on-going operations and maintenance strategy, including capital and annual operating budget (Chapter 5); • The rationale for transfer of ownership of the surplus federal lands to the Municipalities of Clarington and Port Hope at nominal cost for the creation of the Port Granby Nature Reserve (Chapter 5); • An overview of relevant legislation and policy at all levels of government that support the creation of the Port Granby Nature Reserve (Chapter 6); and • A communications plan to develop a strategy for the transparent communications of activities to establish and maintain the Port Granby Nature Reserve (Chapter 7). Municipality of Clarington Report PSD-032-15 Page 5 2.2 Ownership and Governance Structure The proposal is to have the Municipality of Clarington lease/own the lands in Clarington. While the respective Municipality's would own the lands within their jurisdiction it is anticipated that the Conservation Authority would be the lead agency for the planting, rehabilitation and management of the lands as a Nature Reserve. Implementation would be through a partnership agreement and the creation of a governance structure. The governance structure is based on similar examples such as the Ganaraska Forest and Samuel Wilmot Nature Area. Envisioned as an Advisory Committee to the Conservation Authority Board it will provide a framework within which government agencies, first nations, non-government groups and the public can participate. 2.3 Stewardship Plan The preparation of a Stewardship Plan was necessary to determine the baseline of the ecological health of the subject lands and the immediate issues to be addressed. The Stewardship Plan will guide the on-site work needed to implement the Full Concept for the Port Granby Nature Reserve over the short term and long term. The Stewardship Plan describes how individual parcels will be used/managed, and provides detailed site and planting plans. A key component of preparing the Stewardship Plan involved undertaking an Environmental Inventory of the lands covered by the Full Concept. This inventory provided crucial information on existing conditions within the different parcels of land, such as flora, fauna, soils and hydrogeology, and helps to establish a baseline to allow changes in the Port Granby Nature Reserve and the health of ecosystems to be tracked over time. The context of the lands within the larger ecological setting is shown in Figure 1-5, Page 1-8. There are general management and parcel specific recommendations on Page 3-5 to 3-7. 2.4 Budget The proposal for the Port Granby Nature Reserve includes an estimated capital works budget and annualized operations budget for the management/maintenance plan. Included within these budgetary items are recommendations for monitoring activities and strategies for community involvement and awareness, outlined in a communications plan. The capital cost to undertake the recommended restoration and enhancement activities is estimated, in 2014 dollars at approximately $255,000 spread over a number of years. However, it is expected that the subsidization of most of the costs for tree planting through the Trees Ontario Foundation's 50 Million Tree Program would effectively reduce these capital costs to $73,000. One of the major capital costs would be the shifting of the Waterfront Trail off-road, to the south of Lakeshore Road through the Nature Reserve Municipality of Clarington Report PSD-032-15 Page 6 lands for 1.6 kilometres. Funding for the capital costs will be sought from a number of sources by the partners and stakeholders involved. Annual operating costs are estimated to be approximately $35,000, including communications costs. These costs would be attributed proportionally to the land owners and the Conservation Authority could be contracted to carry out these tasks given their expertise in this type of maintenance and management work and ability to provide enforcement. 2.5 Policy Context The federally owned lands have been identified in both the Port Hope and Clarington Official Plans as Nature Reserve and have special policies outlined for them. As part of the Port Hope Official Plan update completed in September 2014, the federal lands within Port Hope (Area 4B on Figure 1) area identified as Special Policy Site #16. Clarington's proposed Official Plan released March, 2015 identifies the federal lands in Clarington as Special Policy Area W. Both Municipality's set out the vision for the area as, "[the]goal is to see the establishment of a nature reserve on the lands surplus to the Port Granby project as set out in the March 2010 report of the End Use Advisory Committee and the Management Plan for the Port Granby Nature Reserve" The Nature Reserve concept also addresses numerous Provincial and Federal Policies and initiatives that have been highlighted in the proposal. 3. Discussion To date, the federal government has not expressed the timing for disposal of the lands. They have indicated that the process set out by the Treasury Board for the disposal of surplus federal lands would come into play. The proposal has been crafted to provide the justification to the Federal government to transfer the lands to the Municipalities. The proposal sets out the advantages of allowing for the approved end-use to proceed under lease arrangement in advance of disposing of the lands as an immediate community benefit. This concept is similar to what has occurred in Port Hope with the development of the Baulch Road Park. The eventual divestment of the surplus Port Granby federal lands for the establishment of the Port Granby Nature Reserve provides the Government of Canada with the opportunity to: • Create a lasting legacy from the Port Granby Project that would not only benefit the local community, but also the entire Lake Ontario shoreline ecosystem; • Alleviate the anxiety of the community about the future use of the lands; • Contribute to the protection and restoration of regional natural heritage and the provision of low environmental impact education, research and passive recreation opportunities; Municipality of Clarington Report PSD-032-15 Page 7 • Support municipal, regional, provincial and federal ecological, environmental and recreational goals; • Support municipal, regional and provincial goals and preferences expressed by local residents for a green, connected, open, accessible, useable and attractive waterfront; • Support the pursuit of significant funding support for ecological restoration, such as tree current planting programs of Trees Ontario Foundation, which may not be available in future years; and • Enable the enforcement of provincial, regional and municipal legislation and policy; • Allow for local enforcement to address safety and liability issues on the surplus lands related to the current unauthorized public use; • Address the on-going management of weeds and invasive species; and • Save the costs associated with sale of the surplus lands (i.e. surveying, registering, marketing, legal and other administrative costs). 4. Next Steps The Port Granby Nature Reserve Proposal is one of many steps towards the goal of having the federally owned lands turned over to local agencies in the near future, to be holistically restored, managed and maintained as a nature reserve for present and future generations. The Port Granby Nature Reserve Proposal represents a collaborative vision and strategy by the municipalities, conservation authority and community to the federal government. Similar reports to this one will be going to Port Hope Council and the Ganaraska Region Conservation Authority Board. Thereafter, the immediate next step is to submit the Port Granby Nature Reserve Proposal and meet with the federal representatives. 5. Concurrence Not Applicable 6. Conclusion The presence of such a large block of continuous agricultural and natural environment land in public ownership on the Lake Ontario Shoreline is rare. Baseline studies carried out to date underline the ecological importance and conservation value of the Port Granby lands. It presents a unique opportunity to create a nature reserve that would support and enhance the ecological functions of the Lake Ontario shoreline, complement the regional natural heritage system and support other environmental initiatives (e.g. local climate change action), and create environmental education, research and passive recreation opportunities. The Stewardship Plan, combined with ownership and governance structure, capital and operating budget, and communications plan as a Municipality of Clarington Report PSD-032-15 Page 8 Proposal provides Natural Resources Canada with a framework for the eventual transfer of the federal lands to local agencies that offers benefits to all parties involved and a significant legacy from the Port Granby Project. 7. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: Reviewed by: J. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer Staff Contacts: Faye Langmaid or Amy Burke, 905-623-3379 ext. 2407 or 2423 or flangmaid(d,)clarington.net or aburke(a)clarington.net Attachments: Attachment 1 — Port Granby Nature Reserve Proposal (under separate cover) Attachment 2 — End Use Full Concept The following is a list of the interested parties to be notified of Council's decision: Sue Bernardi, Executive Director, Municipality of Port Hope Linda Laliberte, CAO, Ganaraska Region Conservation Authority Anoop Kapoor, Natural Resources Canada Craig Hebert, Canadian Nuclear Laboratories (formerly PHAI-MO) Rick Norlock, MP, Northumberland-Quinte West Erin O'Toole, MP, Durham Dr. Binder, Canadian Nuclear Safety Commission Gerry Mahoney, South East Clarington Ratepayers Association FL/AB/df i Attachment 1 to Municipality of Clarington, Report PSD-032-15 I Port Granby Nature Reserve Proposal (under separate cover) i Port Granby Long-term Low- n' Level Radioactive Waste Management Project 0 End Use Landscape & n .�- Design Concept Figure 11 . 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