OBD Developments Inc. - Environmental Compliance Approval (sewage)

Instrument type: Environmental Compliance Approval (sewage)

ERO number
019-3991
Ministry reference number
7786-C2KKTV
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
July 12, 2021 - August 26, 2021 (45 days) Closed
Last updated

This consultation was open from:
July 12, 2021
to August 26, 2021

Decision summary

We have issued a new Environmental Compliance Approval to serve proposed Oak Bay Development – Phase 2, consisting of stormwater management works including road side ditches, enhanced swales and a dry pond that will discharge to undeveloped natural land located south of subject property.

Location details

Site address

Lot 31 and 32, Concession 2
Georgian Bay, ON
Canada

Site location details

Oak Bay Development - Phase 2

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

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Proponent(s)

OBD Developments Inc.
145 Haist Avenue
Woodbridge, ON
L4L 5V1
Canada

Decision details

We have issued a new Environmental Compliance Approval to serve proposed Oak Bay Development – Phase 2, located in the Township of Georgian Bay.

The stormwater management works is for the collection, transmission, treatment and disposal of stormwater runoff from a total catchment area of 1.92 hectares, to:

  • provide enhanced level water quality protection and erosion control
  • attenuate post-development peak flows to allowable peak flows for all storm events up to and including the 100 year storm event, consisting of:
    • roadside ditches and culverts
    • enhanced grassed swales
    • stormwater management dry pond

The stormwater flows partially discharge to Golf Course Road to the north and undeveloped natural land via overland flow on the south, ultimately discharging to Georgian Bay.

Comments received

Through the registry

1

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

  1. The comment raised concern regarding the presence of a Provincially Significant Wetland (PSW) downstream of the proposed development and indicated that the risk of negative impacts to the PSW should be evaluated.
     
    • The ministry has undertaken a review of the proposed works and has confirmed that enhanced level quality control treatment (80% Total Suspended Solids removal on a long-term average basis) is provided by the proposed stormwater management treatment train by a combination of stormwater practices including enhanced grassed swales, rock check dams and a dry pond with sediment forebay.
    • According to the consultant, the development went through a very thorough review process as part of the draft plan of subdivision approval process for residential development. The 2006 EIS confirmed the development would not negatively impact the surrounding areas, including the PSWs. As a result, draft plan approval was granted. There will be no development or alterations within the provincially significant wetland. The site is zoned for residential development.

  2. The comment raised concern regarding the need for ongoing monitoring and maintenance to ensure post construction quality and quantity of discharge to the wetland remains equivalent to pre-construction conditions and to evaluate potential impact to breeding amphibians.
     
    • The ministry has undertaken a review of the proposed works and has confirmed that quantity control criteria have been met through the attenuation of post-development flows to pre-development flows for all storm events up to and including the 100 year storm event. Further, the ministry has included an Operation and Maintenance Condition on the ECA as regular inspection and necessary removal of sediment and excessive decaying vegetation from the works are required to mitigate the impact of sediment, debris and/or decaying vegetation on the treatment capacity of the Works. The condition also ensures that adequate storage is maintained in the works at all times as required by the design. Furthermore, this condition is included to ensure that the works are operated and maintained to function as designed.
    • According to the consultant, construction monitoring regarding species at risk continues on a yearly basis as a condition of approval of the subdivision. A consulting firm will be retained to complete the required breeding amphibian and water quality monitoring surveys.
       
  3. The comment raised concern that the project lies within the traditional territories of the Anishinaabek First Nation and the Metis of Georgian Bay and has indicated that consultation should be undertaken with Aboriginal peoples.
     
    • The ministry recognizes and takes seriously its duty to consult Indigenous peoples where it is contemplating decisions or actions that may adversely impact constitutionally protected Aboriginal or treaty rights. The ministry has completed its technical review of the ECA Stormwater Management application. The technical assessment has determined that there are not likely to be any negative impacts to the receiving environment as a result of the proposed project as the proposed stormwater management strategy meets the ministry’s quality and quantity control criteria through the implementation of stormwater management measures including enhanced grassed swales, rock check dams and a dry pond with sediment forebay. The proposed works provides enhanced level quality control treatment and attenuates post-development flows to -development levels for all storm events up to and including the 100 year storm event. With the proposed quality and quantity control measures, no impacts to the local environment, including nearby tributaries are anticipated as well as no long-term impacts expected to groundwater quality or to groundwater-depending natural features.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

How to Appeal

This instrument decision can be appealed. You have 15 days from January 12, 2022 to begin the appeal process.

Carefully review the information below to learn more about the appeal process.

How to appealClick to Expand Accordion

For instrument decisions published on or after June 1, 2021, please refer to the updated instructions for information on how to appeal a decision.

Appeal process for decisions published before June 1, 2021

If you’re an Ontario resident, you can start the process to appeal this instrument decision.

First, you’ll need to seek leave (i.e. get permission) from the relevant appellate body to appeal the decision.

If the appellate body grants leave, the appeal itself will follow.

Seek leave to appeal

To seek leave to appeal, you need to do these three things:

  1. prepare your application
  2. provide notice to the minister
  3. mail your application to three parties

1. Prepare your application

You’ll need to prepare an application. You may wish to include the following things in your application:

  1. A document that includes:
    • your name, phone number, fax number (if any), and/or email address
    • the ERO number and ministry reference number (located on this page)
    • a statement about whether you are a resident in Ontario
    • your interest in the decision, and any facts you want taken into account in deciding whether you have an interest in the decision
    • the parts of the instrument that you’re challenging
    • whether the decision could result in significant harm to the environment
    • the reason(s) why you believe that no reasonable person – having regard to the relevant law and to any government policies developed to guide decisions of that kind – could have made the decision
    • the grounds (facts) you’ll be using to appeal
    • the outcome you’d like to see
  2. A copy of the instrument (approval, permit, order) that you you are seeking leave to appeal. You’ll find this in the decision notice on the Environmental Registry
  3. Copies of all supporting documents, facts and evidence that you’ll be using to appeal
What is considered

The appeal body will consider the following two questions in deciding whether to grant you leave to appeal:

  1. is there is good reason to believe that no reasonable person, with respect to the relevant law and to any government policies developed to guide decisions of that kind, could have made the decision?
  2. could the decision you wish to appeal result in significant harm to the environment?

2. Provide your notice

You’ll need to provide notice to the Minister of the Environment, Conservation and Parks that you’re seeking leave to appeal.

In your notice, please include a brief description of the:

  • decision that you wish to appeal
  • grounds for granting leave to appeal

You can provide notice by email at minister.mecp@ontario.ca or by mail at:

College Park 5th Floor, 777 Bay St.
Toronto, ON 
M7A 2J3

3. Mail your application

You’ll need to mail your application that you prepared in step #1 to each of these three parties:

  • appellate body
  • issuing authority (the ministry official who issued the instrument)
  • proponent (the company or individual to whom the instrument was issued)

Issuing authority
Aziz Ahmed
Manager

Client Services and Permissions Branch
135 St. Clair Avenue West
1st Floor
Toronto, ON
M4V 1P5
Canada

416-314-4625

Proponent(s)

OBD Developments Inc.
145 Haist Avenue
Woodbridge, ON
L4L 5V1
Canada


Appellate body

Environmental Review Tribunal
Attention: The Secretary
655 Bay Street
Floor 15
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Environmental Review Tribunal


Include the following:

ERO number
019-3991
Ministry reference number
7786-C2KKTV

This is not legal advice. Please refer to the Environmental Bill of Rights for exact legal requirements. Consult a lawyer if you need help with the appeal process.

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Original proposal

ERO number
019-3991
Ministry reference number
7786-C2KKTV
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

July 12, 2021 - August 26, 2021 (45 days)

Proposal details

The proposal is for a new Environmental Compliance Approval for municipal and private stormwater management works serving OBD Developments Inc., for the Oak Bay Development, Lot 31 and 32, Concession 2, in the Township of Georgian Bay.

The stormwater management works comprise of stormwater quality control, quantity control, and erosion control works, and consist of a stormwater management dry pond that will discharge to the existing open space wetland which drains overland to Georgian Bay.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Comment

Commenting is now closed.

This consultation was open from July 12, 2021
to August 26, 2021

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