Credit Valley Conservation (CVC) has outlined significant concerns with the environmental assessment process for the Station Street dam and bridge in Hillsburgh.
The authority voted last week to appeal to the Ministry of the Environment and Climate Change (MOECC) to intervene if talks with Erin officials fall through.
The report, presented to the CVC board on Jan. 20, states it has “significant concerns with the EA process since the preferred alternative was selected after the inappropriate removal of four of the original alternatives.”
CAO Deborah Martin-Downs said the CVC is seeking more time from Erin to review the technical work and its ranking of the seven options for the Hillsburgh dam and bridge project, which included:
– do nothing;
– rehabilitate dam and reconstruct bridge;
– rehabilitate dam and rehabilitate bridge;
– rehabilitate bridge and decommission dam;
– rehabilitate bridge, decommission dam and construct an offline pond;
– reconstruct bridge and decommission dam; or
– reconstruct bridge, decommission dam and construct an offline pond.
On Dec. 6, Paul Ziegler of Triton Engineering recommended Erin council reconstruct the Station Street bridge and rehabilitate the dam.
Ziegler told council that officials “had to shortlist the (seven) options to what was practical.”
The town accepted the report and directed Triton Engineering to issue a notice of completion. The town also extended the review period to 45-days from the mandated minimum of 30 days.
The CVC states the rationale for removing those alternatives – all involving the decommissioning of the dam – was that the property owner, Wellington County, would not provide permission to carry out the work associated with them.
“In the opinion of CVC staff, it was not appropriate to remove the alternatives and had these alternatives been evaluated, each of them would have ranked higher in preference than the selected alternative,” states the report.
CVC staff were seeking permission from the board to file a “part two order” to the MOECC if the town and the CVC cannot reach an agreement. Such orders can be requested when outstanding issues have not been addressed in the EA process.
“I wanted to be clear that we are not looking to make sure that the dam is decommissioned, we are looking for a transparent environmental assessment process,” said Martin-Downs.
She added the CVC requires more analysis to be able to “stand behind” the preferred option.
She said Erin would have to voluntarily agree to delay the EA process, otherwise the CVC would move forward with the part two order to the ministry.
Erin councillor John Brennan, who sits on the CVC board, gave a detailed explanation of the history of the dam’s EA process.
“I have to tell you after reviewing the information in the EA, I think from the environmental point of view, my opinion is that it is better to keep the dam and the pond than to decommission it,” Brennan said.
He added draining the pond would:
– remove the habitat of the species living there, including some species-at-risk;
– possibly result in a lower water table; and
– require extensive landscape restoration to prohibit invasive species.
Brennan said the natural environment report and hydrological investigation report were previously reviewed – and found to be satisfactory – by the CVC.
Brennan said of the seven alternatives that were first presented (when the pond was still owned by a private individual), four were not practical once Wellington County became owners.
“The town does not own the pond; to do anything that would result in the pond being drained, we would have to expropriate and take ownership of that pond,” he said.
“Expropriation from a private individual might be feasible.
“However, expropriation from another government with the power to expropriate is not legally possible without going to the province.”
Brennan said taking Wellington County to the Ontario Municipal Board was not a practical solution.
“The argument for reinstating the drain-the-pond options is not an environmental argument; it’s a legal argument,” he said.
Gary Murphy, planning and development director for the CVC, said he wants to ensure a proper EA process.
“Our main concern is that there were seven alternatives when it went forward and when it was filed they were down to three, one of which is do nothing,” he said.
He said the town and the CVC would be meeting on Jan. 24 to discuss the time extension request.
“We don’t require any additional technical information, no further reports; it’s all in front of us,” said Murphy.
The CVC also heard from two delegations: former Erin Mayor Lou Maieron and Erin resident Nyola Holliday. Both were in favour of draining the pond.
“I feel that more time is needed for the various agencies, especially yours, to direct our council to an acceptable decision, so that it is environmentally sound and is not a financial burden to taxpayers today and in the future,” said Holliday.
She said if the town and CVC cannot agree, a group of residents would also put forward a part two order.
“I am meeting with some other residents, and we are planning to, as residents, put forward this next step,” she added.
The board voted unanimously to request from the town a time extension to the EA filing period and authorized staff to request a part two order if staff are unable to come to an agreement with the town.
