Fraserville Water Supply Master Plan / Fraserville Secondary Plan / Fraserville Development Project

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The Honourable Donna Cansfield November 30, 2009

Minister of Natural Resources
6th Floor, Room 6630, Whitney Block
99 Wellesley St. W.
Toronto, Ontario
M7A 1W3

Re: Fraserville Water Supply Master Plan/Fraserville Secondary Plan/Fraserville Development Project
_____________________________________________________________________________________
Dear Minister Cansfield:
We are writing to alert you to a controversial development project planned by the Township of Cavan Monaghan in Fraserville, Ontario. It would involve the use of the municipal wells of the small town of Millbrook (population about 1500) as a source of water to service the Kawartha Downs Casino and Stock Car Racetrack Facility, located about 12 km away on County Road 28 in the small hamlet of Fraserville, as well as other facilities planned by Kawartha Downs (e.g., more tracks, a golf course, a tennis court, etc.) on lands that they already own in Fraserville. Furthermore, our Township proposes the construction of a wastewater system which like the water supply system would service Kawartha Downs as well as 684 residential units and several commercial establishments (e.g., strip malls, hotels, convention centres, etc.) planned by developers, such as Melody Homes, in the area surrounding Kawartha Downs. The initial project phase would involve the construction of a 12-km long watermain from the Millbrook municipal wells to Kawartha Downs in Fraserville along one of the following routes (see attached watermain maps): (i) Route 1 (from Millbrook north on Cty. Rd. 10 to Syer Line, east on Syer Line and then north on Cty. Rd. 28 to Kawartha Downs), ii) Route 2 (from Millbrook north on Cty. Rd. 10 to Larmer Line, east on Larmer Line and then north on Cty. Rd. 28 to Kawartha Downs), or (iii) Route 3 (from Millbrook east along Cty Rd. 21 to Cty. Rd. 28 and then north to Kawartha Downs). Our Township currently prefers Route 2 which, like Route 1 and unlike Route 3, crosses the Cavan Creek Provincially Significant Wetland (PSW). Like hundreds of other residents in our Township, we strongly object to the proposed taking of Millbrook municipal water and the construction of a watermain through the above wetland to service the Fraserville mega development project. In the following we have outlined our main concerns:

1) Protection of Provincially Significant Wetland

According to literature obtained from the Ministry of Natural Resources (MNR), the Provincially Significant Wetland (PSW) designation system was introduced to decrease developmental pressures on significant wetlands and address the environmental needs of these vulnerable aquatic ecosystems. In essence, the rationale was to set these significant natural areas aside and leave them alone to allow the wildlife to thrive in its own way. Many of these PSWs are privately owned, including our portion of the Cavan Creek Wetland between Larmer Line and Syer Line.

The Cavan Creek PSW, which extends north of Syer Line and south of Larmer Line, is home to numerous plants and animals including several species on “at risk” lists including but not limited to the Least Bittern (Ixobrychus exilis), ranked as Threatened on the 2009 list of the Committee on the Status of Endangered Wildlife in Canada (COSEWIC), and the Snapping Turtle (Chelydra serpentina), ranked as “Special Concern” in the 2009 COSEWIC list, but also other rare, threatened, special concern or sensitive species including the Musk Turtle (Sternotherus odoratus), listed as “Threatened” by COSEWIC as per 2009 Rare Species List of the MNR NHIC for Peterborough County, and the Canada Warbler (Wilsonia canadensis), ranked as “Special Concern” in the Ontario Endangered Species Act, 2009. During a handful of field studies conducted on behalf of our Township by Niblett Environmental Associates in the ditches along Larmer Line and Syer Line in the area of the Cavan Creek PSW during the summer of 2009, at least two of these species (the Least Bittern and the Snapping Turtle) were found. In addition, we ourselves can report sightings of the Musk Turtle and the Canada Warbler within our portion of the PSW. We hope that the fact that at the time of these studies, one or the other species was (currently) not on an “at risk” list, or did not make an “appearance” at the ditches (perhaps because these species happen to be rare) was not misconstrued by our Township as a sign that they can now disrupt, disturb, or impair the Cavan Creek aquatic ecosystem! Who knows how many species would be on or off these “at risk” lists during the various stages of the proposed watermain construction!

On page 72 of their 2009 Natural Environment Report to the Township, Niblett Environmental Associates rated the three proposed watermain routes according to the following perspectives: (i) vegetation and habitat, (ii) wildlife habitat and (iii) fish and fish habitat. Twice they picked Route 3 (County Rd. 21) as the preferred option (less impact on vegetation and wildlife habitat) and once they picked Route 2 (Larmer Line) as the preferred option (less impact on fish habitat). Based on this report, our Township now claims that it is about protecting fish habitat only and shoved all other perspectives aside selecting Route 2 (Larmer Line) as the preferred option. It is interesting to note that Niblett Environmental Associates were retained to evaluate three watermain routes specified by our Township. Since all of these options are poor choices, they could only pick “the best of the worst.” What is not really mentioned is the fact that, in addition to several creeks, Route 2 (Larmer Line) impacts two wetland areas: the Provincially Significant Cavan Creek Wetland and the Locally Significant Fraserville Wetland. The latter would also be impacted directly by Phase 2 of the proposed housing development project.

Our Township has suggested that the watermain through the Cavan Creek PSW could be installed within the right of way of one of the municipal roads (e.g., Larmer Line or Syer Line). However, firstly, the PSW does not end at these roads. It continues to the south of Larmer Line and to the north of Syer Line. Even the right of way is part of the PSW area. Secondly, the initial construction of these roads, many decades ago, predates the introduction of the PSW designation for the Cavan Creek Wetland by the MNR. It could be argued that the above roads would not have been constructed straight across this wetland had this designation system been in place. Both roads are existing constructions while the proposed watermain is not! In addition, our Township has already indicated that the construction of the watermain could result in “dewatering in the area of the wetlands.” Wetlands are delicate ecological systems of many interacting components and any interference (especially the installation or repair of a watermain) can disturb the balance of nature. No matter what construction techniques are used, the installation, maintenance and/or repair of the watermain will ultimately interfere with the PSW. Furthermore, our Township has stated that the impact on the PSW would be temporary and could be “mitigated” if the construction of the watermain occurred outside the spawning/breeding season. In view of the major watermain break in Millbrook in August 2009, however, we feel that although the actual construction could be scheduled outside the spawning/breeding season, emergency repairs following a watermain break along the PSW area cannot!

According to the Ecological Land Classification (ELC) System of the MNR, the Cavan Creek PSW is located in Ecoregion 6E and Section 2.1.3 b) of the Provincial Policy Statement (PPS) states explicitly that: “Development and site alteration shall not be permitted in significant wetland in Ecoregions 5E, 6E and 7E.” Moreover, Ontario Regulation 167/06 (Working Around Water) of the Otonabee Region Conservation Authority (ORCA) states under “Interference with Wetlands” that “Development activity in a provincially significant wetland is strictly prohibited,” and that Environmental Impact Studies (EIS) are for wetlands other than provincially significant wetlands. Furthermore section 2.1.3 a) of the above PPS states that: “Development and site alteration shall not be permitted in significant habitat of endangered species and threatened species.”

Therefore, since we are talking about living things, some of which are already on “at risk” lists, it would be advisable to err on the side of caution here and halt any construction through this area. There should be no discussion about how to “mitigate” interferences with this PSW including dewatering, but about how to avoid the construction of this watermain through it altogether, especially since there are other water supply alternatives including (i) collaboration with the City of Peterborough to jointly develop a water system, and (ii) the use of the Otonabee River as a water source. Also, in view of the above Provincial Policy Statement, the MNR PSW designation and several applicable ORCA regulations, we feel that the Township of Cavan Monaghan, which expects its residents to obey municipal ordinances and bylaws, should similarly show proper regard for the Policies, Guidelines and Recommendations set forth by the Province of Ontario through its Ministries and Authorities!

2) Urban Sprawl vs. Smart, Sustainable Growth and Development

As mentioned above the proposed Fraserville Development Project involves the construction of several new facilities by the Kawartha Downs Casino, and the construction of 684 residential units and several commercial establishments on lands that developers, such as Melody Homes, have bought up in Fraserville in the vicinity of the casino. In this respect the Reeve of our Township has stated in an article in the Peterborough Examiner entitled “Fraserville would welcome resort/condo project: reeve” and published in July 2009: “He [Mr. Saverio Montemarano, the principal of Melody Homes] has got land banked out there all around Fraserville. He’s probably the major principal land owner in the Fraserville area.”

Our Township believes that the development project would create numerous long-term jobs in the Fraserville area. However, we feel that just as a considerable number of residents of Millbrook do not work in Millbrook but in Peterborough, Oshawa, the GTA, or elsewhere, it is unlikely that many of the more than 1,300 adult occupants of the proposed 684 residential units will actually find employment with any of the planned commercial establishments in Fraserville, especially in view of the type of establishments proposed and the concurrent rapid development of the City of Peterborough, located less than 10 km from the site of the planned project. Peterborough already has a water supply and wastewater system and numerous residential and commercial units available and is in the process of developing many more. But, if many of the occupants will ultimately have to find work in Peterborough or elsewhere, then this development will become nothing more than yet another car-dependent subdivision. The Reeve of our Township has stated in an article in the Peterborough Examiner entitled “County Rd. 28 needs four lanes” and published on November 5, 2009 that he wants Cty. Rd. 28 from Hwy. 115 south to the planned mega development project in Fraserville to be converted into a four-lane highway. In this respect the GreenONTARIO website (www.greenontario.org/) states that “highways and urban sprawl go hand in hand” since “new roads open up more land for development, and car-dependent suburbs need bigger highways to move people around.” It therefore appears that the Fraserville Project is not smart, sustainable growth but has all the makings of urban sprawl!

Our Township has indicated that $19.6 Million of the total cost of the water and wastewater projects of $29.4 Million are to come from the Federal/Provincial Building Canada Fund (BCF). One key component of the BCF infrastructure fund relates to the protection and promotion of the environment, and we simply cannot see how the Fraserville Project would qualify for it. Surely, the construction of a watermain through a PSW to a brightly-lit casino and eco-unfriendly stock car racetrack and the creation of urban sprawl through the development of a subdivision do not contribute to the “protection and promotion of a healthy and sustainable environment” in the small rural hamlet of Fraserville! Yes, there are many worthwhile infrastructure projects which could be initiated in our Township using funding from grants such as the BCF, but let’s not waste millions of dollars from taxpayers in Ontario and across Canada to embark on costly, unwanted and unnecessary projects.

Although we are opposed to the forced massive urbanization of Fraserville through mega development projects, we are not opposed to limited, natural, sustainable economic growth and development by businesses and individuals who, like anyone else in this hamlet, draw their water from private wells. Since the residential/commercial units are to be constructed by developers, such as Melody Homes, it can be assumed, however, that development will occur within a relatively short period of time. Developers are interested in turning a quick profit and there are many examples in Ontario and elsewhere in Canada where lands owned by them were developed very rapidly and, at times, with detrimental environmental consequences. These developers then move on to the next community to profit from yet another mega development. A tragic example is the case of the small community of Hespeler, just outside of Cambridge, Ontario, in which a large subdivision of a major developer has ultimately destroyed the Forbes significant wetland!

3) Regional Activities, Collaboration and Alternatives

The proposed Fraserville Project is by no means the only development project in this region. The nearby City of Peterborough is rapidly expanding, the Peterborough Airport, owned by the City of Peterborough but located in the North Monaghan Ward of our Township, just a few kilometers away from the proposed Fraserville Project, is also expanding with proposed longer runways to accommodate more and larger jet airplanes. Nobody has ever conducted a comprehensive study on the combined environmental and human effects and impacts of all these development projects including the increase in the carbon footprint vs. the decrease in natural areas and farmland, the increase in noise and stress vs. human health effects, the increase in traffic volume, the increase in sewage/effluent, and so on.

Also, we wonder whether, in light of all the development projects already underway in this region, the development of a commercial/industrial/residential water and wastewater infrastructure in North Monaghan Ward, especially in the areas just west/southwest of the City of Peterborough and in the vicinity of the already expanding Peterborough Airport would not be a smarter and more sustainable approach. Perhaps, such developments could even be planned and carried out jointly with the City of Peterborough to reduce project and operating costs and minimize or eliminate environmental impacts on natural areas. Our Township is telling its residents that the joint development of a water supply and wastewater infrastructure with Peterborough would mean “instant” annexation of the respective lands by that City. However, we simply cannot understand why our Township officials are incapable of working out a mutually acceptable arrangement with Peterborough, even without inciting annexation fears, especially since both parties have a vested interest in developing these areas anyway. In this respect the GreenONTARIO website (www.greenontario.org/) states that “municipal plans are currently developed in isolation from each other” and that “regional plans are required to determine where development and growth is appropriate.”

Another alternative would be the use of the Otonabee River as a source of water. Although we residents have never seen any detailed calculations and cost breakdowns for the various water supply alternatives, our Township maintains that this option would be more expensive than any other in terms of project and operating costs. However, compared to the three routes for supplying water from Millbrook to Fraserville, it also offers several benefits including: a) much shorter watermain (distance from the Otonabee River to Kawartha Downs about 5-6 km as compared to about 12 km for the Millbrook option), b) fewer creek crossings and, above all, no PSW crossing, c) fewer residences and driveways, and d) reduced complaint and legal requirements (construction and operation of watermain could neither affect the Millbrook municipal water supply nor any PSWs). In addition to development projects in the North Monaghan area, the town of Millbrook has a municipal water and wastewater system which could be upgraded and used to service new residential and commercial development projects in the Millbrook area.

In summary, we are not alone in the opinion that the main reasons for the proposed Fraserville water supply and development project are that: (i) the Kawartha Downs Casino and Stock Car Racetrack wants to build more facilities and needs a municipal water hookup since having water delivered daily by private haulers, as they do now, is expensive and cuts into their profits, and (ii) major developers own land in the Fraserville area and want to cash in by building, and ultimately selling, commercial/residential units. It’s all about profits and speculative land deals and not about smart, sustainable economic development, job creation and broader tax bases. If it were then the residential and commercial establishments need not be solely in the Fraserville area, but could be constructed anywhere in our Township including Millbrook and Cavan.

We have already addressed many of the above issues in letters to our Township, and the general response summary sheet mailed out by them in early November in an attempt to answer hundreds of questions from concerned residents has raised even more eyebrows and questions in the community. While calls for a referendum on the Fraserville project are getting louder, it now appears that our Township is forcing closure on the public input and debate process by working unwavering toward a Notice of Completion. Therefore, we would greatly appreciate if you could look into the Fraserville Water Supply and Development Plan especially in connection with the potential disruption, disturbance, impairment and/or alteration of the Cavan Creek Provincially Significant Wetland. For your information, we have enclosed several maps of the area concerned, the extent of the Fraserville service area, and the proposed watermain routes as published by our Township. We have also enclosed a few articles on the Fraserville project published in our local newspaper “The Millbrook Times”. You can find more information on the growing opposition to the Fraserville project on the excellent “Speak Out Cavan Monaghan” website at www.socm.ca.

Finally, we would like to take this opportunity and thank you and your Ministry for the initiation of the many inspiring habitat protection programs, projects and services over the years.

Respectfully yours,

U. Erb
H. Keller

cc: The Honourable John Gerretsen, Minister of the Environment
Mr. Gord Miller, Environmental Commissioner of Ontario
The David Suzuki Foundation, Toronto Office
Mr. Dan McDermott, Director, Sierra Club Ontario
Ms. Caroline Schultz, Executive Director, Ontario Nature
Mr. Chris Winter, Executive Director, Conservation Council of Ontario
Mr. Scott McFadden, Speak Out Cavan Monaghan