Comments on OBD ECA…

Comments on OBD ECA Application

1. MECP has chosen not to make the proposed SWMP available to the public due to COVID-19 restrictions, which significantly undermines the public's right to comment. The comment period should remain open until conditions permit the standard review process to be conducted. The following comments are offered based on the extremely limited information contained on the Registry about the proposed project.

2. The "existing open space wetland" to which the dry pond will discharge is actually PSW. It may show an "Open Space" zoning designation on Township of Georgian Bay zoning maps, but the Environmental Impact Study (Gartner Lee Ltd., April 2006, section 7.2) established that the area is actually an extension of the Potato Island Provincially Significant Wetland and is also identified as Candidate Significant Habitat (section 7.4) that is part of a primary wildlife corridor extending through the property (Figure 6). MECP should request a copy of the 2006 EIS and FSR from the proponent.

3. Section 2.1 of The Provincial Policy Statement specifies policy for Natural Heritage Areas. It prohibits development or site alteration in Provincially Significant Wetlands, and it prohibits development and site alteration on adjacent lands unless it can be shown that there will be no negative impact on the natural feature or its ecological function.

4. MNRF is responsible for oversight of Provincially Significant Wetlands and should be consulted to determine the risk of negative impact to the PSW from the proposed stormwater system. As the proponent is required by District of Muskoka to have the plan reviewed and approved by a qualified biologist, that report should be input to the MNRF review.

5. Additionally, the wetland property that will receive the discharge is a conservation property owned by the Georgian Bay Land Trust. GBLT consultation and agreement to accept the collected discharge is required.

6. An ongoing monitoring and maintenance program is required to ensure post construction quantity and quality of the discharge to the wetland remains equivalent to pre-construction conditions. The Environmental Impact Study (Gartner Lee Ltd., April 2006, section 9.2.3) notes the potential impact to breeding amphibians in the discharge area if water quantity or quality falls below tolerance levels for these species. It further specifies that "breeding amphibian monitoring surveys will be completed during the build-out phase of the development, until a minimum one or two years after build-out."

7. To meet the water quality standards established by the Environmental Impact Study (Gartner Lee Ltd., April 2006, section 9.1.2) The facility design must meet of exceed minimum "Level -1" (or "Enhanced Level") MECP treatment standards to provide 80% removal of suspended solids AND associated nutrients and metals.

8. The project lies within the traditional territories of the Anishinaabek First Nation and the Metis of Georgian Bay. The Crown has a legal obligation to consult with Aboriginal peoples where it contemplates decisions or actions that may adversely impact asserted or established Aboriginal or treaty rights.

9. Additional comments will be submitted when the details of the proposed stormwater plan are available to view.