UTRCA comments dated February 11, 2015

The Thames <
A I. aladian
Hcritaw Ril'LY
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Inspiring a Healthy Environment"
February 11, 2015
Municipality of Thames Centre
4305 Hamilton Road
Dorchester, Ontario NOL 1G3
Margaret Lewis, Clerk, (via e -mail mlewis& thamescentre. on. ca )
Dear Ms. Lewis:
Re:
Applications for Consent and Zoning By -Law Amendment B27/ 14 &
Z11 -2014,
Applicant: Pat & Jane Elliot
21964 Fairview Road, Part Lot 17, Concession 4,
Municipality of Thames Centre, (former Township of West Nissouri), County of Middlesex
The Upper Thames River Conservation Authority ( UTRCA) has reviewed the subject application with regard for the
policies in the Environmental Planning Policy Manual for the Upper Thames River Conservation Authority (June
2006).
These policies include regulations made pursuant to Section 28 of the Conservation Authorities Act, and are
consistent with the natural hazard and natural heritage policies contained in the Provincial Policy Statement (2014).
The Upper Thames River Source Protection Area Assessment Report has also been reviewed in order to confirm
whether the subject property is located within a vulnerable area. The Drinking Water Source Protection information is
being disclosed to the Municipality to assist them in fulfilling their decision making responsibilities under the Planning
Act.
PROPOSAL
The purpose of the applications is to sever 4. 1 hectares ( 10 acres) parcel of land located at 21964 Fairview Road,
owned by Elliott Grain Ltd. which contains a house, elevator, dryer and farm structures in support of the agriculture
operation. The re- zoning application has been filed on the lands to be severed from the Agriculture (A) Zone to the
Agricultural Commercial ( AGC) to recognise the commercial grain elevator, plant and storage operation.
CONSERVATION AUTHORITIES ACT
As shown on the enclosed mapping, the subject property is affected by the Authority' s Regulation Limit which consists
of a wetland and area of interference surrounding the wetland on the lands to be retained. The UTRCA regulates
development within the Regulation Limit in accordance with Ontario Regulation 157/ 06 made pursuant to Section 28
of the Conservation Authorities Act. This regulation requires the landowner to obtain written approval from the
UTRCA prior to undertaking any development of site alteration in the regulated area which includes filling, grading,
construction, alteration to a watercourse and /or interference with a wetland.
1424 Clarke Road, London, Ont. N5V 5139 • Phone: 519. 451. 2800 • Fax: 519. 451. 1188 • Email: infolinekthamesriver. on. ca www.thamesriver.on.ca
UTRCA Comments
File B27/ 14 &
Z12 -2014
UTRCA ENVIRONMENTAL PLANNING POLICY MANUAL
The policies which are applicable to the subject lands include:
3.2.2 General Natural Hazard Policies
These policies direct new development and site alteration away from hazard lands. No new hazards are to be created
and existing hazards should not be aggravated. Furthermore, the Authority does not support the fragmentation ofhazard
lands through lot creation. In this case, the policy has been achieved since the lands to be severed do not certain hazard
lands,
3.2. 6 & 3.3.2 Wetland Policies
New development and site alteration is not permitted in wetlands. Furthermore, new development and site alteration
may only be permitted in the area of interference and / or adjacent lands of a wetland if it can be demonstrated through
the preparation of an Environmental Impact Study (EIS) that there will be no negative impact on the hydrological and
ecological function of the feature. At this time, no development is proposed adjacent to the feature, an EIS will not be
required.
3.3.3 Woodland Policies
New development and site alteration is not permitted in woodlands considered to be significant in the Middlesex
County Natural Heritage Study (2003). Furthermore, new development and site alteration is not permitted on adjacent
lands to significant woodlands (See note below) unless an Environmental Impact Study (EIS) has been completed to the
satisfaction of the UTRCA which demonstrates that there will be no negative impact on the feature or its ecological
function. The woodlots identified on the subject property and to the south of the subject property have been identified
as Significant.
Note: Table 4 -2 of the Natural Heritage Reference Manual Second Edition (OMNR, 2010) identifies adjacent lands
from significant natural heritage features as being 120m from the feature for considering potential negative impacts.
The Natural Heritage Reference Manual provides technical guidance for implementing the natural heritage policies of
the Provincial Policy Statement, 2005. The UTRCA Environmental Planning Policy Manual ( 2006) predates the
NHRM (2010) and the UTRCA considers the policies of the contemporary implementation manual in our review.
Since the application for consent and rezoning is to sever and rezone an existing agricultural commercial use, we would
suggest waiving the requirement for the completion of an EIS.
DRINKING WATER SOURCE PROTECTION
The Clean Water Act (CWA), 2006 is intended to protect existing and future sources of drinking water. The Act is part
of the Ontario government' s commitment to implement the recommendations of the Walkerton Inquiry as well as
protecting and enhancing human health and the environment. The CWA sets out a framework for source protection
planning on a watershed basis with Source Protection Areas established based on the watershed boundaries of Ontario' s
36 Conservation Authorities. The Upper Thames River, Lower Thames Valley and St. Clair Region Conservation
Authorities have entered into a partnership for The Thames -Sydenham Source Protection Region. Drinking Water
Source Protection represents the first barrier for protecting drinking water including surface and ground water from
becoming contaminated or overused thereby ensuring a sufficient, clean, safe supply now and for the future.
Assessment Reports:
The Thames- Sydenham Source Protection Region has prepared Assessment Reports which contain detailed scientific
information that:
identifies vulnerable areas associated with drinking water systems;
assesses the level of vulnerability in these areas; and
identifies activities within those vulnerable areas which pose threats to the drinking water systems, and assess the
risk due to those threats.
2
UTRCA Comments
File B27/ 14 &
Z12 -2014
The Assessment Report for the Upper Thames watershed delineates three types of vulnerable areas:
Wellhead
Protection Areas, Highly Vulnerable Aquifers and Significant Groundwater Recharge Areas. We wish to advise that
the subject property contains areas identified as being a; Wellhead Protection Area. Mapping which shows these areas
is available at:
Wellhead Protection Area
http:// www. sourcewatep2rotection. on.ca /wp- content /uploads/ UTRCA /Appendices /A3 System% 20Summaries /THORNDALE- SystemSummga.pdf
Source Protection Plans:
Using the information in the Assessment Report, an AmendedProposed Source Protection Plan has been developed for
the Upper Thames watershed. The Proposed Source Protection Plan, along with any written comments, has now been
submitted to the Province for approval by the Minister of the Environment. The Amended Proposed Source Protection
Plan is available at:
http:// www.sourcewaterprotection. on.ca /sourceprotectionplan /amendedproposed -sourceprotectionplan /
The AmendedProposed Plan consists of a range of policies that together, will reduce the risks posed by the identified
water quality and quantity threats in the vulnerable areas. These proposed policies include a range of voluntary and
regulated approaches to manage or prohibit activities which pose a threat to drinking water. Activities that can lead to;
low, medium and significant threats have been identified in Appendix 10 ofthe Upper Thames River Source Protection
Area Assessment Report, dated August 12, 2011. Available at:
hLtp:// www.sourcewatep2rotection. on.ca/utrca- assessment-repor
Highly Vulnerable Aquifer
none
n/ a
Groundwater Recharge I none
n/ a
HVA)
Significant
Area ( SGRA)
Wellhead Protection Area ( WHPA)
WHPA —C score 4
Significant, Moderate & Low Threats
WHPA —D score 2
No Threats
NOTE: At this time, certain activities on this property may be considered Significant threats to drinking water (activities
related to Dense Non -aqueous Phase Liquids —DNAPL' s).
Under the CWA, the Source Protection Committee has the authority to include policies in the Amended Proposed
Source Protection Plan that may prohibit or restrict activities identified as posing a significant threat to drinking water.
Municipalities may also have or be developing policies that apply to vulnerable areas when reviewing development
applications. Proponents considering land use changes, site alteration or construction in these areas need to be aware of
this possibility.
Provincial Policy Statement (PPS, 2005):
Section 2. 2. 1 requires that:
Planning authorities shallprotect, improve or restore the quality and quantity ofwater by: e) implementing necessary
restrictions on development and site alteration to:
1.
protect all municipal drinking water supplies and designated vulnerable areas; and
2.
protect, improve or restore vulnerable surface andground waterfeatures, and their hydrologicalfunctions"
Section 2. 2. 2 requires that:
Development and site alteration shall be restricted in or near sensitive surface waterfeatures and sensitive ground
waterfeatures such that thesefeatures and their related hydrologicfunctions will be protected, improved or restored'.
3
UTRCA Comments
File B27/ 14 &
Z12 -2014
Municipalities must be consistent with the Provincial Policy Statement when making decisions on land use planning
and development.
RECOMMENDATION
We have no objection to the above noted applications for consent and zoning by -law amendment. The Regulated
area will be contained on the lands to be retained and no new development is proposed. The foregoing comments
are provided for the information of the applicant and the Municipality.
UTRCA REVIEW FEES
In June 2006, the UTRCA' s Board of Directors approved the Environmental Planning Policy Manual for the Upper
Thames River Conservation Authority. This manual authorizes Authority Staff to collect fees for the review of Planning
Act applications including applications for zone change. The UTRCA' s fee for reviewing and commenting on these
applications is normally $ 200 per application, but when multiple applications are circulated within a year, the
subsequent application review fees are reduced by 50 %. The invoice in the amount of $300. 00 will be sent to the
applicant directly.
Thank you for the opportunity to comment. If you have any questions, please contact the undersigned at extension 253.
Yours truly,
UPPER THAMES RIVER CONSERVATION AUTHORITY
Tracy Annett,
Land Use Planner, MCIP, RPP
TA /ta
Enclosure; UTRCA Regulation Limit Mapping ( please print on legal sized paper for the scales to be accurate)
C. C.
Municipality of Thames Centre — Tena Michiels ( via e -mail tmichielskthamescentre. on.ca )
Municipality of Thames Centre — Stewart Findlater ( via e -mail SFindlaterkthamescentre. on.ca )
Applicant - Pat & Jane Elliot (via e -mail janekfieldcrest.biz )
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