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Conservation Authority Involvement - a letter from John Price to Allan Joyner

Dear Mr. Joyner:

Thank you for your e-mail regarding the Carp Ridge and the proposed subdivision within part of Lot 3, Concession 10, City of Ottawa (Fitzroy).  As a starting point, it would be useful to explain the role of the Mississippi Valley Conservatin Authority (MVC) with respect to development applications and the history, as we understand, for this particular application.

MVC is a commenting agency to the City of Ottawa, and all watershed municipalities, for applications under the Planning Act .  We comment regarding the potential impact on Natural Hazards (e.g. flooding and erosion), Natural Heritage (e.g. stormwater management, fish habitat, wetlands) and private servicing issues (wells and sewage disposal systems).  MVC also has regulations under the Conservation Authorities Act (Ontario Regulation 159/90 -Fill, Construction and Alteration to Waterways) which requires permits from our office for certain activities (e.g. filling, construction) around watercourses and/or within the Regulatory (1:100 year) flood plain.  These permits (if applicable) are required before the start of work but do not typically have to be obtained before the approval of Planning Act applications.  MVC also has an agreement with the the Federal Department of Fisheries and Oceans (DFO) under the Fisheries Act to assist in  reviewing the potential impacts of projects on fish habitat.  To fulfill our review and regulations role we have staff (engineers, biologists, hydrogeologists) review the various reports that are prepared in support of development applications.  The various provincial ministries (e.g. Ministry of Natural Resources, Ministry of the Environment) decided a number of years ago to withdraw from the review of site specific development applications under the Planning Act.   However, MNR is still responsible for classification and defining boundaries of wetlands and Areas of Natural and Scientific Interest (ANSI) and we contact them if there are questions to be addressed in these areas.  

The City of Ottawa is responsible for land use decisions.  MVC comments on Planning Act applications, however, we do not have any specific approving authority under Planning Act .

(Editor: He means here that while they regulate certain matters that are under their jurisdiction the City's planning department is the regulatory body that can grant or deny approval of the developer's plans in the larger sense.)

The eastern part of Lot 3 Concession 10, City of Ottawa (Fitzroy) forms part of the Carp Ridge a Provincially Significant Wetland (Class 1) and Regionally Significant ANSI*.  The western section of the property, below the ridge, is outside of the wetland and ANSI area. Due to the history of the development approvals on this property the Region of Ottawa-Carleton Official Plan will be used for the review. Land use designations for this and subsequent planning documents have recognized the Carp Ridge.  Within the western part of the property, country lot residential subdivisions can be considered with a minimum lot size of 0.8 hectares (2 acres).  

(Editor: If all the land was technically "on the ridge proper" or in close proximity to the wetland area, no development would be possible.   *ANSI = Area of Natural Signifigance or Interest)

As you are aware,  a subdivision plan received draft plan approval from the Region of Ottawa-Carleton in the early 1990's.  In support of this subdivision application an EIS and Hydrological Investigation and Terrain Analysis report (which addresses private services on the lots) were prepared.  These reports were reviewed by the Ministry of Natural Resources (MNR) and the Ministry of the Environment (MOE) respectively, who, at the time, were still involved in site specific development review.  Some of the attributes of this draft plan of subdivision were as follows:

•  33 single family residential lots with a minimum lot size of 0.8 hectares

•  the retention, in its existing condition, of the pond at the northeast end of the property

•  the prohibition of the construction of habitable dwellings or sewage disposal systems within 30  metres of the normal high water mark of the creek traversing the subject property.

•  the prohibition of the construction habitable dwellings, sewage disposal systems and physical alterations (i.e. filling and dredging) within the area classified as the Carp Hills Class I Wetland Complex

To address the latter item, the Township of West Carleton re-zoned the rear sections of lots 30 to 33 and Block 34*** (which encompasses the pond and wetland complex) to Open Space.  This zoning permits a conservation use and/or private park only and Block 34 was to be dedicated to the Region of Ottawa-Carleton.  (***Editor: this Zoning change protects the   wetland)

This original draft plan approval has been extended until 2005.  Even if the proponent wishes to proceed to final approval and registration considering the original draft plan layout, in addition to addressing other draft conditions, a revised Environmental Impact Statement (EIS) and Hydrogeological, Terrain Analysis report and Stormwater Management report must be produced. These reports will be circulated to the MVC for review.  It is our understanding that the proponent may wish to revise the application.  Any revision would require supporting reports and documentation.  Depending on the magnitude of the proposed revisions, the City of Ottawa may decide to complete a full recirculation of the revised draft plan proposal.

In June 2003 consultants for the proponents contacted MVC, requesting a review of the proposed road culvert crossings for the subdivision.  The upstream drainage area is less than 125 hectares (approximately 65 hectares), therefore a permit under Section 28 of the Conservation Authorities Act under the Alteration to Waterways section of the regulation is not required for this work.  Staff completed a site inspection to determine the potential fish habitat impacts of the proposed work.  It was determined that, at the two specific crossing sites, the work would not constitute a harmful alteration, disruption or destruction (HADD) of fish habitat under the Fisheries Act.   The watercourse in its entirety is fish habitat, as confirmed in subsequent site visits, thus MVC supports the 30 metre development setback from the watercourse as detailed above.  There is a possibility that the subdivision layout could change through the draft plan review so any work that the proponent does on site is at his own initiative and expense

The essay on your website (graham link)   is based on a discussion of regional hydrogeology.  The reports that are prepared in support of development applications are completed on a more site specific basis** .  A Hydrogeological Investigation and Terrain Analysis study is completed for each proposed development site that is to rely on private services (wells and individual sewage disposal systems) to assess that:

•  site hydrolgeology is suitable for lot development;

•  sufficient quantity of groundwater exists on site to service the proposed development;

•  a water well can be constructed on the proposed lots that will not be impacted by any identified potential sources of groundwater contamination in the area;

•  the quality of groundwater is acceptable; and

•  the operation of the on-site sewage disposal systems on the new lots will not adversely impact wells to be constructed on the proposed lots or on wells of neighbouring properties**.

(**Editor: Obviously there is a contradiction in this last section from Mr. Price.   The studies are said to be site specific in nature but the last point about neighbouring properties is clearly not.   We are attempting to get more information on this for the website.)

This study is completed by professional hydrogeologists and is independently reviewed by our hydrogeologist.

The Ministry of the Environment of Ontario (MOE) has prepared guidelines that are followed in preparing these reports.  The two main applicable guidelines are Procedure D-5-5 (Technical Guideline for Private Wells and Water Supply Assessment) and Procedure D-5-4 (Technical Guideline for Individual On-Site Sewage Systems: Water Quality Impact Risk Assessment).  The report must be up to date and based on current analysis and assessments in accordance with the Ontario Regulation 903 ( Water Resources Act ) as amended by 128/03, Part 8 of the Ontario Building Code (sewage systems) and the Ontario Drinking Water Standards (ODWS, 2000).

For your information, Section 1.0 of Procedure D-5-4 states:

"The purpose of this guideline is to protect the environment and public health by ensuring that development utilizing individual on-site sewage systems proceeds at a density and scale which will not result in, or cause degradation of, groundwater resources in exceedance of acceptable limits.  Compliance with acceptable limits shall be demonstrated through a prediction of the development's nitrate impact on the groundwater at the development boundary.  The Guideline is intended to encourage the assessment of the potential for degradation on the basis of a technically based and technically defensible evaluation of the proposal."

--
John Price, P.Eng.
Watershed Management Coordinator
Mississippi Valley Conservation
P.O. Box 268
Lanark, ON   K0G 1K0
Phone (613)259-2421
Fax (613)259-3468
jprice@mvc.on.ca
www.mvc.on.ca