From Lake Simcoe Region Conservation Authority to Impact Assessment Agency of Canada - Input on Designation Request for the Baldwin East Aerodrome Project

Mr. Roth,

The Lake Simcoe Region Conservation Authority has reviewed the request under the Impact Assessment Act for the designation of the Baldwin East Aerodrome Project. Based on our review of the information provided we offer the following comments for your consideration:

General

1. The Lake Simcoe Region Conservation Authority (LSRCA) implements Ontario Regulation 179/06 pursuant to the Conservation Authorities Act. This Act and Regulation considers Natural Hazard management from a watershed perspective.  
2. The LSRCA is delegated provincial interest in plan review for Natural Hazards from the Province.
3. The LSRCA is a commenting agency for Municipalities as it relates to land use and applicable environmental legislation. Specifically, the Authority provides comments and information under the Provincial Policy Statement and the Lake Simcoe Protection Act and Plan as well as the Greenbelt and Oak Ridges Moraine Act and Plans prior to recent Provincial direction.
4. We recognize that provincial and federal agencies are not subject to the requirements for permission under the Act and the Municipal Planning process, however, we recommend voluntary review processes to avoid adverse effects resulting from development within regulated areas.

Based on our review of internal and external mapping, the subject locations (7818 & 7486 Old Homestead Road) contain the following environmental features for consideration:

• Burnie Creek traverses the southeast section of 7818 Old Homestead Road
• There are erosion and flooding hazards associated with the watercourse.
• Zephyr-Egypt Wetland Complex (Provincially Significant) traverses the site.
• A portion of the Vachell Swamp Complex (Provincially Significant) extends into the northwest portion of the site.
• The site contains unevaluated wetlands and adjacent lands where development or site alteration could impact the hydrologic function of the wetlands.
• The properties are within the Natural Heritage System of the Protected Countryside designation in the Greenbelt Plan.
• The site contains Key Hydrologic Features, and Key Natural Heritage Features including significant woodlands as identified in the Greenbelt Plan.
• The site is mapped as being partially within a highly vulnerable aquifer and a significant groundwater recharge area, as defined by the Clean Water Act (2006) and the South Georgian Bay Lake Simcoe Source Protection Plan.
• The site is mapped as being largely within a significant groundwater recharge area and an ecologically significant groundwater recharge area.
• The properties provide potential habitat for species at risk including bats and Butternut, Bobolink and Eastern Meadowlark, and Blanding’s Turtle.

Based on the identified features of the site, we provide the following comments both as they relate to our role in Natural Hazard management and in direct response to the agency questions:  

1. Are there potential impacts to fish and fish habitat (e.g., surface water contamination from runoff into Lake Simcoe via the Burnie Creek)

1. Surface water treatment is proposed though on-site stormwater quality control (treatment train approach). We recommend that SWM design be reviewed in detail and meet applicable MECP and LSPP criteria including, pre to post phosphorus levels targets being achieved. In addition, a catchment-based water balance should demonstrate how existing drainage conditions and proposed moisture regimes will be maintained post development to continue to support the wetlands and watercourse on the property.

Q:   Are there potential impacts to terrestrial species at risk and/or migratory birds and their habitat (e.g., from habitat loss; habitat contamination; noise);

A:   There is potential loss of habitat for species at risk bats and Butternut (treed habitats), Bobolink and Eastern Meadowlark (grassland areas), and Blanding’s Turtle (wetland). Changes to drainage conditions/moisture regimes could alter the suitability of habitats for these species. The fauna species at risk may also be impacted by noise and light pollution. We recommend targeted surveys for these species to determine how they may be impacted. Loss of habitat may impact migratory birds and recommend compensation for habitat loss through ecological offsetting.

Q:   Are there potential impacts to wetlands and the Greenbelt Plan Area within the Natural Heritage System of the Protected Countryside designation per the Greenbelt Plan, 2017;

A:   The Greenbelt Plan prescribes a minimum vegetation protection zone of 30m for wetlands and watercourses. We would recommend a full Environmental Impact Study be completed to demonstrate no impact on the features as well as the appropriate setback. Fragmentation of wetland features should be avoided. The EIS should consider the function of connectivity of the wetlands on the subject property as well as the extent of the Zephyr-Egypt PSW and Vachell PSW beyond the limits of the subject property. Currently the proposed SWM facility, and portions of the runway and access road, are within the Provincially Significant Wetland. We would recommend all development stay outside of the feature. Where there is no alternative outside the feature for development, justification should be provided for the location as well as mitigation measures to show impacts are reduced.

Q:   Are there potential impact to surface water and/or groundwater quality, including drinking water;

A     The site is mapped as being largely within a significant groundwater recharge area and an ecologically significant groundwater recharge area as well as being partially within a highly vulnerable aquifer and significant recharge area. Policy 6.40-DP of the Lake Simcoe Protection Plan is applicable to this site as well as policies of the Clean Water Act (2006) and the South Georgian Bay Lake Simcoe Source Protection Plan. Information has not been provided demonstrating how development at this location will not impact surface or groundwater quality or quantity. We would recommend that the required information and studies outlined in the designated policies of the Lake Simcoe Protection Plan as well as the Clean Water Act and South Georgian Bay Lake Simcoe Source Protection Plan be submitted and reviewed. See attached Hydrogeological Review Comments.

Q:   Potential impacts from the use of contaminated soil fill, including on human health;

A:   It is proposed to import 1.2 million tonnes of fill to the site within/adjacent to wetlands and within significant groundwater recharge areas, etc. Any fill importation should be in compliance with applicable large fill policies of the Town, LSRCA and MECP to ensure fill quality is appropriate for the use/site. In addition, the Greenbelt Plan prescribes a minimum vegetation protection zone of 30 metres from wetlands and watercourses, we would recommend at minimum this buffer be followed. Additionally, we would recommend that any development within 120 metres of a feature be supported by an EIS outlining potential impacts and providing mitigation measures.

LSRCA Additional Comments to potential impacts as a result of the proposed development:

1. Development should avoid the floodplain. Any development that has to occur within flood hazards should demonstrate through the submission of a hydraulic and hydrologic assessment and a balanced cut fill analysis that there will be no impacts to the floodplain upstream or downstream of the site. Additionally, velocities of floodwaters would need to be maintained.
2. Culvert or other crossing details should be assessed to ensure that there are no negative impacts to the floodplain as a result of the installation of the crossing.
3. To ensure quality and quantity of groundwater as well as protection of the wetland we recommend a feature based water balance and a Thornthwaite-Mather water balance for pre and post development scenarios.
4. Septic systems are proposed for the site. Note that the quality and quantity of the groundwater is to be maintained. Since the proposed sewage systems will be designed for more than 10000 L/day, the Reasonable Use Concept guidelines are to be met prior to effluent being discharged into any existing water course or wetland or property boundary. (Nitrate loading is to be ≤2.5 mg/L).
5. The highly vulnerable aquifer is to be protected from contamination from the effluent from the various septic systems.
6. Septic system should not be situated within the significant groundwater recharge areas, nor within the area of the highly vulnerable aquifer.
7. The site is mapped as being outside a settlement area, and therefore as new sewage treatment plants are required, an environmental assessment will be required as per policy 4.1-DP of the Lake Simcoe Protection Plan.
8. The proposed subsurface sewage disposal systems should be situated at least 100 m away from any permanent stream as per policy 4.15-DP of the Lake Simcoe Protection Plan.
9. We recommend that the applicant demonstrate how the quality of the fill will be maintained such that there will be no negative impact on the quality and quantity of the groundwater in the area as per LSPP 6.40-DP.
10. Pumping tests should be required to assess the potential for the local water supply aquifer to be able to provide a sufficient volume of water without negatively impacting the private water supply wells of the surrounding properties.
11. Sediment and erosion controls should be utilized and a setback from the watercourse to all development maintained. Where opportunities exist to increase any vegetative buffer to the watercourse this is recommended. Vegetation existing should be maintained.

In summary, at this time we believe further information is required including proposed mitigation measures to determine if standard design features and mitigation would address the anticipated adverse effects of the development. Existing legislative and regulatory mechanisms including the Greenbelt Act and Plan, the Lake Simcoe Protection Act and Plan, the Clean Water Act, the Source Water Protection Act and Plan, the Fisheries Act, the Endangered Species Act, the Migratory Birds Convention Act, the MECP’s Stormwater criteria and Excess fill guidelines as well as the Conservation Authorities Act and Ontario Regulation 179/06 could manage the potential adverse effects of the development.

If you have any questions, please do not hesitate to contact us.

Sincerely,

Ashlea Brown

Director, Development Services

Lake Simcoe Region Conservation Authority
120 Bayview Parkway,

Newmarket, Ontario L3Y 3W3

905-895-1281, ext. 224 | 1-800-465-0437

a.brown@LSRCA.on.ca | www.LSRCS.on.ca 

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