From: Ted Cooper
To: Marianne.Wilkinson@ottawa.ca ; Shad.Qadri@ottawa.ca ; Peggy.Feltmate@ottawa.ca
Sent: Tuesday, February 12, 2008 9:46 PM
Subject: Filling at Richcraft

Dear Councillors:

I couldn’t believe what I was seeing and hearing on CBC News at Six concerning the on-going filling activities at the Richcraft Plan of Subdivision.

This is another example of MVC misunderstanding it’s responsibilities in enforcing Regulations under the Conservation Authorities Act.

As you know there are problems with the floodplain modelling. Based on what I have found, the following key problems exist with the modelling:

1) The floodplain model is not calibrated – it underestimates runoff volumes and levels based on a comparison of observed versus model results for the Sept 9 2004 Hurricane Frances storm event;

2) The model does not account for urban runoff that will be generated from the 200+ Ha of the Carp Watershed that exist in the Fernbank CDP area;

3) The model does not adequately represent the runoff potential from 300+ Ha of present and future urbanization within the Carp Road Corridor CDP area; and

4) The model does not consider any runoff from the 700 Ha Kanata West area.

According to the impugned floodplain modelling, the 2005 ‘existing condition’ flood level elevation is 94.48m. With the proposed channelization and floodplain development, flood levels were reported to be lowered to 94.23m. By “fixing the error” in 4) so the model accounts for runoff from Kanata West, the flood level would rise to 94.68m. That represents a flood level 0.45m higher than what was understood by the consultants and agencies. It is also 0.08 m higher than the 1983 Regulatory flood elevation of 94.6m.

I have not taken the time to correct deficiencies 1) – 3) of the modelling, but my judgement says that it would not be unreasonable to expect an estimated 0.5m to be added to the flood elevation.

Therefore, while the MVC believes it has not allowed any fill to be placed in the Richcraft floodplain when they issued the Fill Permit – that is only based on its impugned understanding of flood elevations in Kanata West. If flood levels were to rise to 94.68 + 0.5 = 95.18m, that means that the MVC has allowed a large area of the floodplain to be filled with up to (95.18 – 94.6) = 0.58m of fill.

The fact that the fill has already been placed creates more problems. In effect, they have forced an engineering solution to be required to fix this problem, unless someone has the backbone to tell Richcraft to remove the fill.

One has to question why MVC would grant the Fill Permit in the first place.

I have attached the complete March 2007 Decision of the Mining and Lands Commissioner (who hears Appeals when CAs refuse to approve a Fill Permit) that clearly indicates the protocol of granting Fill Permit Approvals only after Planning Act Approvals have been secured first (see discussion on Pages 13-16 under the heading Adverse Economic Impact). I have also attached the discussion on Adverse Economic Impact in a separate file. I highly recommend that you read this excerpt from the OMLC Decision. This serves to demonstrate that the MVC has exceeded its interests / purpose when it granted the Fill Permit in April 2007 – long before any Planning Act Approvals were even sought regarding rezoning of Hazard Lands subject to Policies in Section 3.1 of the Provincial Policy Statement, or Approval of the Richcraft Plan of Subdivision. (Note that I have an Appeal to the OMB of the Draft Plan Approval of the Richcraft Plan of Subdivision).

The MVC has also jumped the gun when it issued the Fill Permit to allow the relocation of Hazeldean Creek on the Trinity Plan of Subdivision – another development where I have Appealed the Zoning Bylaw Amendment to the OMB.

The Fill Permit Approvals for Richcraft and Trinity had no regard for the conservation of land, and by all appearances, were based on consideration of adverse economic impacts of the applicants.

I don’t know who to suggest you follow-up with about this very serious problem. I tried the MNR Minister but was rebuffed. I just don’t know what it is going to take to have the Province recognize the serious problem that exists with the MVC. Think about it, they were prepared to issue Fill Permits for a project that would have placed at risk the Highway 417 bridges.

Ted Cooper, M.A.Sc., P.Eng.