Report to/Rapport au :

 

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

 

and Council / et au Conseil

 

16 June 2008 / le 16 juin 2008

 

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager

Directrice municipale adjointe,

Planning, Transit and the Environment

Urbanisme, Transport en commun et Environnement 

 

Contact Person/Personne ressource : Rob Mackay

Economic and Environmental Sustainability/Direction de la viabilité économique et de la durabilité de l’environnement

(613) 580-2424 x 22632, rob.mackay@ottawa.ca

 

Stittsville-Kanata West (6)

Ref N°: ACS2008-PTE-ECO-0018

 

 

SUBJECT:

AUDIT OF CARP RIVER WATERSHED- APPROVAL OF TERMS OF REFERENCE FOR A THIRD PARTY REVIEW

 

 

OBJET :

VÉRIFICATION DE L’ÉTUDE SUR LE BASSIN HYDROGRAPHIQUE DE LA RIVIÈRE CARP – APPROBATION DU CADRE DE RÉFÉRENCE POUR L’EXAMEN PAR UNE TIERCE PARTIE

 

 

REPORT RECOMMENDATIONS

 

That the Planning and Environment Committee recommend Council:

 

1.         Approve the amended draft Terms of Reference for a third party review of the Carp River Restoration Project;

 

2.         Direct staff to proceed with a Request for Proposals to secure a qualified third party engineering firm;

 

3.         Authorize the City Manager to approve the selection and hiring of the pre-qualified third party engineering firm to undertake the work outlined in the approved draft Terms of Reference and to approve the funding through delegated authority to an upset limit of $300,000; and

 

4.         Establish a new project authority in the amount of $300,000 to be funded from the Wastewater Capital Reserve Fund.

 

 

RECOMMANDATIONS DU RAPPORT

 

Que le Comité de l’urbanisme et de l’environnement recommande au Conseil :

 

1.         d’approuver l'ébauche du cadre de référence modifié en vue de l’examen par une tierce partie du Projet de restoration de la rivière Carp;

 

2.         d’enjoindre le personnel de procéder à une demande de propositions afin de s’assurer de retenir les services d’une tierce firme d’ingénierie qualifiée;

 

3.         d’autoriser le directeur municipal à approuver la sélection et l’embauche d’une tierce firme d’ingénierie qualifiée en vue d’entreprendre le travail énoncé dans l'ébauche du cadre de référence adopté, et le financement par pouvoir délégué jusqu’à une limite maximale de 300 000 $; et

 

4.         Que le Conseil établisse une nouvelle autorité de projet d’un montant de 300 000 $ qui sera financée à partir du Fonds de réserve en immobilisations des eaux usées.  

 

 

BACKGROUND

 

In 2007, in response to a report to the Fraud and Waste hotline, the Office of the Auditor General (AG) conducted an audit of the Carp River Restoration projects. At City Council on April 23, 2008, the Auditor released a report ‘Audit of the Carp River Watershed and Related Projects’ which contained numerous recommendations along with the City’s Management responses. As a result of the recommendations 8,9, 10, and 11 and a coding error discovered by staff that lead to missed water volumes in the restoration modelthe input received from the public and stakeholders, , management recommended that a third party engineering firm be retained to undertaken a review of the modeling work and to address the various concerns.

 

Council Meeting

At the meeting of 14 May 2008, Council approved this recommendation and passed the following motion for staff to:

 

a)   Proceed with a third party review;

b)   Post the Terms of Reference on the City’s website in order to receive public feedback;

c)   Address, as part of a staff report, input and comments from the public for final approval of the Terms of Reference at the June 24, 2008 Planning and Environment Committee meeting and the following Council meeting;

d)   Respond to the Inquiry on Hiring of Consultants for Studies in order to discuss at the same June 24, 2008 meeting.

 

This report presents the amended Terms of Reference for the third party review with a discussion of the public and agency input received to date and the staff response as directed by Council.  A copy of the public’s comments can be found in the attached Document 2.  The motion pertaining to the Inquiry of Hiring of Consultants for Studies has been addressed under a separate report on this agenda. 

 

DISCUSSION

 

The intent of the Terms of Reference is to engage an engineering firm to conduct a complete, objective third party review and assessment of all aspects of the hydro-technical models for the Carp River Restoration Plan, and the impacts of any changes on the design of the Carp River Restoration Project.  The selected firm will be required to review and validate whether the EA documents can still be applied with confidence to implement the Restoration Project.  

 

Scope of Work for the Third Party Review

 

The current scope of work includes 3 phases: 1) a technical phase to review, validate and re-run the models; 2) a review phase to address other related issues raised in the Auditor General’s report or via staff and public comments; and 3) if necessary, at the discretion of the City, apply the recommendations, updates and adjustments to the Carp River Restoration Plan.  Consideration for a Phase 3 will be dependent upon the recommendations that are proposeds by the consultant undertaking the review. under this review.  Should this step be taken aA report will be presented to Committee and Council on the recommended next steps. 

 

The selected firm will be under the guidance of a technical review team comprised of a City staff team and a representative from Mississippi Valley Conservation Authority (MVCA). Staff  are also proposing the creation of a Project Advisory Committee composed of key agencies and stakeholders who will receive briefing sessions from the third party consultant.  at the end of Phase 1 and 2. A A PPublic Information session will be held at the end of Phase 2, culminating with a presentation to Planning and Environmental Committee. Council. It is anticipated that the work envisioned for Phase 1 and 2 will take approximately three to four months to complete, once the 3rd party consultant new firm isis in place.

 

Pre-qualification of Short Listed Firms

 

Pre-selection criteria was established and Staff created a screening questionnaire and distributed to a list of Engineering firms that were referred to the City by several sources including technical agencies, staff and others. it to engineering firms potentially capable of conducting the third party review assignment for the City.   Using the criteria, sStaff assessed corporate capabilities and experience in order to arrive at a short list of potential third party firms.  Telephone interviews were then conducted to reconfirm that no conflicts of interest with the City or land developers existed and that these companies had the . Staff also sought to confirm that these firms had the appropriate resources to undertake the full scope of work.  At the end of this process, Staff was able tofive engineering firms were  pre-qualifiedy 5 engineering firms and all have expressed an  that are interested interest in responding to the a City’s  Request for Proposals. 

 

All firms except Philips Engineering who worked on a workshop in the initial phase of the City’s Storm Water Management Strategy in Spring 2007 have confirmed that they have not worked for the City of Ottawa in the past five years. None of these firms have worked or had any affiliation with any of the Kanata West land developers.  As well all five firms have indicated that they have no No declaration of conflict of interest in undertaking the third party review assignment. was declared for the land developers. Staff have reviewed the assignment that was undertaken by Philips Engineering. Given this assignment was completed in May 2007 and is not related to the current review, staff are satisfied that no conflict of interest would exist if this firm competed and won the 3rd party review assignment.

 

The short list of five pre-qualified firms is:

 

1.       Philips Engineering (Burlington)

2.      Greenland Group of Companies, (Collingwood),

3.      XCG Consultant Ltd. (Cambridge ON),

4.      Coldwater Consulting (Ottawa),

1.      SNC Lavalin, (Toronto).  The final selection of the winning engineering firm/ bid will be made by the City Manager.

  1.  

 

As per the recommendation section of the report, staff are proposing that the City Manager select the winning firm to undertake the review.

 

Public Input on the Terms of Reference

 

As per Council’s 14 May 2008 motion, the Terms of Reference wereas posted on the City’s website for public input. They were also circulated to the Province for comment with a request that an MOE official be available to explain the Provinces position on this matter at the June 24 CSEDC meeting.  Several calls and emails were submitted to MOE requesting their attendance at the June 24 meeting and their written comments on the Terms of Reference.

 

Nine responses were received from the public. Several of the comments received have been previously addressed by the City in the Environmental Assessment (EA) consultation process and documented in the June 2006 Kanata West EA Consultation Report.  The key issues raised included questions concerning the two-zone flood policy, the designation of the Carp River as a municipal drain, the lack of calibration of the model and extending the project to downstream of Richardson Side Road. A summary of the main issues is found outlined  below.  

 

On Friday June 13, prior to tabling the report for printing, staff received MOE’s comments on the third party Terms of Reference. Unfortunately there was not sufficient time to review these comments and take a final position on all the comments received and make the final amendments to the Terms of Reference.  As well the Ministry of Transportation contacted staff on June 13, 2008 and advised that their provincial agency would be submitting comments to the City during the week of June 16 These comments would be received after the Committee report is printed and published on the City’s web site. Staff have yet to hear from MNR and at the time of finalizing this report, it was unclear as to whether this ministry will be submitting comments on the Terms of Reference.   

 

A) Two-Zone Floodplain Policy

 

Respondent:

Several respondents requested that the Terms of Reference include a review of the application of the two-zone floodplain policy to this project. This review would determine whether, in this instance, modifying the floodplain to accommodate development in the flood fringe area was appropriate. 

 

Staff Response:

The two-zone approach was a recommendation of the Watershed/Subwatershed Study, and was addressed during the EA project consultation. The Carp River flood plain can best be described as a wide, flat, unconfined and shallow with extremely slow water flows. 

Given these characteristics applying the two-zone concept (i.e. filling and removing any development area from the present flood plain, to provide adequate flood proofing), is an appropriate application of policy and flood plain management. This was confirmed in the “Technical Guide – River and Stream Systems: Flooding Hazard Limits” (MNR 2002) and later in a letter from the Minster of Natural Resources dated April 26, 2007.

 

Staff and MVCA believe the application of the two-zone approach has been sufficiently reviewed and confirmed by the Ministry of Natural Resources as an appropriate approach. 

This difference of opinion remains more one of a philosophical approach.

 

Designating the Carp River as a Municipal Drain

 

Respondent:

Several comments were received on the issue of declaring the Carp River as a municipal drain.

 

Staff Response:

This issue was also addressed during the EA consultations. Although there is some documentation to support that a portion of the Carp River is a Municipal Drain, only through a determination of the Drainage Referee could such a conclusive finding be made.  Referring this issue to the third party will provide little value as the final decision remains with another provincial authority, the Drainage Referee. 

 

At present, this watercourse has no legal status as a municipal drain under the Drainage Act. The Ontario Ministry of Municipal Affairs also supports this viewpoint. As a side note, remedies under the Drainage Act are provided to landowners along the Carp River who wish to challenge this status.

 

Treatment of the Carp River under the Drainage Act would provide fewer environmental safeguards than the present process under the Environmental Assessment Act. It is unlikely that the environment enhancement of the Carp River restoration (more diverse aquatic habitat, improved fish habitat, additional riparian vegetation and improved sediment transport) would result from a project under the Drainage Act.

 

Model Calibration

 

Respondent:

The lack of calibration of the modells used was noted as a concern in several of the responses.

 

Staff Response:

Staff acknowledges that although desirable, reliable stream gauge data is not usually available for small urbanizing catchments or sub-catchments like the Kanata West area. In fact, there are very few stream gauges installed on similar watersheds across Canada. As a result, a hydrograph simulation model is applied to estimate flood flows from an assumed design storm, relying on similar data from adjacent watersheds, experience and judgement to produce reliable results. This process is considered the best practice available until new data can be reliably collected.

 

Three monitors are now in place and full data collection is now proceeding. Recognizing it may require many years to establish and measure any significant flow events, the implementation plan does provide for adjustments to be made as data collection becomes available.

In view of the above, staff continue to support the process of adaptive management chosen for the Carp River Restoration Project as it represents best practice. The issue of model calibration is part of the Terms of Reference for the third party review.

 

Project Extension Downstream of Richardson Side Road

 

Respondent:

It was requested that the project be extended beyond Richardson Side Road.

 

Staff Response:

The project limitation was defined as a result of the urban boundary.  The restoration would have provided little or no benefit to the rural/ agricultural landowners.  The restoration of the Carp River was therefore limited to the Kanata West lands where financial resources could be generated through the development process to support the restoration plans.  Extending the boundary will change the project scope and definition of the EA and would trigger a new EA process.

 

Fernbank Lands

 

Respondent:

Fernbank lands should now be included as part of this process.

 

Staff Response:

 

At the time of the Carp Water/ Sub-Watershed Study was undertaken, the Fernbank Lands were outside the urban boundary. Due to subsequent changes in the Official Plan, this area is now included. As part of this land development, the Fernbank project must provide their own storm water management within their boundaries in order to ensure they have no impact upon the Carp River throughout the restoration reach and downstream development. To include these lands in the Carp River Restoration Plan now would trigger a new EA process and delay the restoration plan by several years, thereby permitting further degradation of this watercourse.

 

A table summarizing these comments and staff’s responses are attached in Document 3, “Public Feedback Table on Terms of Reference”.

 

Timeline and Next Steps

 

Upon approval of the RFP, respondents will be provided two to three weeks to prepare their bid submission. The selection of the winning firm is anticipated to commence by mid-August with work being completed by the end of November/ early December 2008.

 

CONSULTATION

 

Per Council's direction, the Terms of Reference (ToR) was posted on the City's website for comments from May 27 to June 9.  In addition, the posting was advertised in The Citizen and Le Droit as well as in the west end community newspapers: Kanata Kourier, Kanata EMC, West Carleton Weekender, West Carleton EMC, Stittsville News and the Stittsville Weekender.  A Public Service Announcement was also issued, and interested parties informed by e-mail.

In addition, input was sought from the Ministry of the Environment (MOE) who typically inform the sister provincial ministries and the Mississippi Valley Conservation Authority (MVCA). At the time of the authoring this report, no comment had been received from the MOE MVCA’s comments were incorporated in the posted ToR document. 

 

FINANCIAL IMPLICATIONS

 

Funds are available for Transfer from the Wastewater Capital Reserve Fund.

 

SUPPORTING DOCUMENTATION

 

Document 1- Public Comments

Document 2- Table on Public Comments with Staff responses

Document 3- Amended Terms of Reference

 

 

DISPOSITION

 

Staff acknowledges that the provincial comments are important and may trigger modifications to the position staff have taken on some of the matters raised above and the draft terms of reference. Staff proposes that the City Manager sign off on these final changes and the consulting firm hired to undertake the third party review. Should this process not be acceptable staff will need to bring the Terms of Reference back to the next Planning and Environment Committee in July and Council for authority to release the RFP.

 

Staff will proceed the release of the approved draft ToR to the five pre-qualified shortlisted engineering firms. Upon receipt of the bid submissions from the pre-qualified consultants, the technical advisory group will undertake an evaluation process and present its recommendation to the City Manager who will finalize the selection of the winning firm. 

 

 


PUBLIC COMMENTS                                                                                             DOCUMENT 1

 

 

-----Original Message-----

From: Ted Cooper

Sent: June 09,2008 6:44 AM

To: Carp River Restoration

Subject: Comments on Terms of Reference

 

 

Please find below my comments on the proposed Terms of Reference for the Third Party Review.

 

 

 

 

Comments on Third Party Review Terms of Reference

 

 

I have prepared these comments with the knowledge of the alternative Terms of Reference prepared by Darlene Conway, which I take the position are superior to those offered on the City of Ottawa's website, and should form the basis on which the Third Party Review should proceed. As a result, I am submitting below only high-level comments on fundamental requirements of the audit that appeared to be lacking in the proposed version of the Terms of Reference made available for comment.

 

 

Floodplain Policy

 

 

The scope of the terms of reference needs to be expanded to include examination of floodplain policy.

 

 

Given that staff will be required to prepare reports for consideration by Committee and Council supporting future Rezoning of Hazard Lands / floodplain overlay in Kanata West, there is a need for an independent review of natural hazard policy issues.

 

 

Given the recent successful outcome of my OMB Appeal of the Jock River floodplain development - it should be apparent to Council that future staff reports prepared for PEC need to provide the policy basis on which development of existing One-Zone floodplain can proceed. In the case of the Jock River floodplain development proposal, the RVCA would not allow 7 lots to be developed from the floodplain - yet the MVC appears to be willing to allow something hundreds of lots to be developed in the 28 Ha of Carp River floodplain. How can there be such inconsistency in the application of OP Policies and the PPS within the City of Ottawa? The Third Party Reviewer should be asked to explain how there could be such a divergence in application of Natural Hazard Policies in the same municipality, employing the same OP Policies.

 

 

I have an outstanding Appeal of the Richcraft Plan of Subdivision in Kanata West and it will be necessary for the City to defend the basis on which that Approval was given based on floodplain policy.

There will be a need for future Zoning Bylaw Amendments and Plans of Subdivision to be approved that could be subject to Appeals to the OMB. Unlike the Trinity OMB Hearing, the MVC will be summonsed in future Hearings to defend its approach to floodplain management, particularly if they continue to use the 1983 floodline for planning and regulation purposes, given the number of changes that have occurred in the watershed since 1983. (A Section 43 Request for Review has been filed with the OMB regarding the April 25, 2008 Trinity OMB Decision. A Judicial Review has also not been ruled out).

 

Carp River as a Municipal Drain

 

 

The status of the Carp River as a municipal drain needs to be resolved - and the sooner the better. The Third Party Review could prove to be entirely pointless should a determination be made that the Carp River is a municipal drain. In some ways this should be the first task to be completed in the review, because it could require a complete shift in the process through which the Restoration Project must proceed.

 

 

There is a lot of evidence available to support the position that the Carp River has status as a municipal drain. There are engineering drawings, the 1909 OCA Decision, reference to the Carp River Drain on the OMAF Municipal Drain Index Mapping, etc. I have recently learned that a Borrowing Bylaw that was passed by a former municipality has been discovered that adds to the evidence of the Carp River being a municipal drain.

 

 

The Third Party Review should provide recommendations about how to proceed once a determination is made about the status of the Carp River as a Municipal Drain. The qualifications of the Consultant to be selected should include some familiarity with the Drainage Act.

 

 

Need to establish definition of Existing Conditions

 

 

The Terms of Reference, as proposed, appear to be pre-occupied with correcting only the deficiencies with the post-development model. There appears to be no identification that there is a need to first establish a credible definition of existing conditions from which an impact assessment can be conducted.

 

 

There have been many changes in land use and alterations made to the Carp River floodplain since 1983 when the floodplain mapping was first completed on the Carp River. There have even been many changes since 2000, when the Subwatershed Plan was initiated - and since it was approved in January 2005.

 

 

 

The impact assessment is being conducted on a very loose definition of "Existing Conditions". In some cases the comparison is being made between the recent (2006/2007) floodplain modeling work and the 1983 floodplain report findings. In other cases it is between the non-calibrated existing and future floodplain analysis completed by CH2M Hill.

 

 

What is clear is that there is no up-to-date definition of existing floodplain conditions consistent with the "Technical Guide River & Stream Systems: Flooding Hazard

 

Limits (2002)". Furthermore, the "City of Ottawa" (PWS, presumably) raised a number of concerns with the CH2M Hill existing conditions study that are included in the Class EA documentation. In particular, at point 9, the City of Ottawa's position is that "It is recommended that design not proceed based on flows from this analysis."

 

 

Therefore, a fundamental requirement of the Third Party Review is establishing clarity in the definition of "existing conditions" from which the impact assessment of the proposed Restoration Plan is to be based.

 

 

Apparent Problems with Modeling

 

 

There are a number of problems with the modeling that need to be corrected before any work on model calibration, etc. proceeds. These are problems whereby there are inconsistencies between what is modeled and what is actually found in the field. The best examples of this are:

 

 

  1.. The encroachment of the Sensplex into the Carp River floodplain during its development;

  2.. The encroachment of the SMART Technologies development in the Carp River floodplain during its development; and

  3.. The actual topographic conditions that exist north of the future Campeau Drive, between Didsbury Drive and the Carp River

 

 

In the case of the Sensplex and SMART Technologies developments, because there was never any compensating cut required by the MVC to offset the impact of the large volumes of fill that were placed during the development of those sites, when the necessary changes are made to the HECRAS model, the Third Party Reviewer should comment on whether those changes should be made to the existing conditions model or the post-development model.

 

 

In the case of the area north of the future Campeau Drive a determination needs to be made by the Third Party Reviewer, from a floodplain policy perspective, whether those lands will be deemed to be within the floodplain - as shown in Figure 2 of Appendix E of the Post-Development CH2M Hill report.

 

 

I believe the above issues raise a very important question that the Third Party Reviewer needs to answer - should the City give any weight to the 1983 floodplain conditions in it's impact assessment? In other words, while the 1983 floodplain mapping may be used by the MVC for Regulation under the Conservation Authorities Act, given the investment the City has made in updating the hydrologic and hydraulic assessments using more detailed topographic mapping and up-to-date watershed conditions, once the modeling is completed to standard, should any consideration be given to the 1983 conditions while Council is deliberating the approval of applications under the Planning Act?

 

 

Model Calibration vs. Sensitivity Analysis & Adaptive Management

 

 

The Third Party Reviewer should be asked to summarize model calibration requirements from the "Technical Guide - River & Stream Systems: Flooding Hazard

 

Limits (2002)", and the Lakes and Rivers Improvement Act Technical Guidelines, and to comment on the differences between model calibration and sensitivity analysis.

 

 

 

Furthermore, given that flooding is a health and safety issue that also poses risks to property, the Third Party Reviewer should be asked whether the precautionary principle should be applied given the uncertainty of the aerial extent and elevation of flood levels. The Third Party Reviewer should be required to provide a Professional Engineering Opinion on the appropriateness of employing Adaptive Management on an engineered system where the public's health and safety are at risk.

 

 

Development unaccounted for in Present Impact Assessment

 

 

There are at least three major developments unaccounted for in the impact assessment completed to date:

 

 

  1.. The expansion works planned for Highway 417 that will affect the hydrology (expansion of impervious areas and drainage improvements), and the hydraulics of the Carp River (lengthening/widening the bridges through which the river must be conveyed);

  2.. The Fernbank Development area that will add 200 Ha of urban area to the watershed; and

  3.. The Carp Road Corridor.

 

 

The Third Party Reviewer must provide recommendations about how the consideration of these development areas are to be factored in the impact assessment such that future planning approvals that are to be based on the supporting analysis have been completed using an approach that "is consistent" with the Provincial Policy Statement.

 

 

Interim Development and Identification of Stormwater Management Criteria

 

 

One of the first tasks that the Third Party Reviewer should be asked to complete is an examination of supporting documentation to determine whether there is any basis on which to assign stormwater management criteria (quantity control criteria).

 

 

Since the grading plan shown in the Kanata West Infrastructure Master Plan is based on the assumption that there is no need for quantity controls above the 10-year event, major system drainage has been directed to outlet directly to the tributaries and to the Carp River, with no opportunity for off-line stormwater management.

As a result, the Third Party Reviewer must comment on whether it is prudent to allow development to continue on the basis of the grading plan from the Kanata West Infrastructure Master Plan, or if there is a need to develop a different grading plan that would provide flexibility, in case the subsequent findings of the Third Party review are such that quantity controls up to the 100-year event are found to be required.

 

 


Steve Hardaker

 

 

Thank you for the opportunity to comment on the draft TORs for the Third Party Review of the Carp River Restoration Plan.

 

First, the Restoration Plan is a very credible document that puts forward a valid plan for the restoration of a very sick river system.  It is absolutely necessary to restore this river to a healthy watercourse, regardless of whether development is occurring in this reach of the river.  The partnership between the City, Conservation Authority and land owners offers a cost sharing opportunity that will benefit the taxpayers of the city.  Without this partnership, the restoration must be completed.  Without this partnership, the cost would be borne completely by taxpayers.

 

Some individuals and groups have commented that the restoration plan does not go far enough down the Carp River.  That stopping at Richardson Sideroad will only push the problems farther downstream.  While this later comment may not be factually correct, not going beyond Richardson Sideroad is a valid concern.  The current Carp River problems go beyond Richardson Sideroad and these reaches should also be considered for restoration.  This supports an entire watershed approach to the restoration of the river.  Under Review of Other Related Issues, I would like to see the third party reviewer comment on whether the city should be considering restoration beyond Richardson Sideroad.  These comments should include a number of cost estimated options for completing the work.  As most landowners north of Richardson Sideroad are iprivate landowners and farmers who do not possess the funds to contribute or can afford to freely give buffer land for the work, some options for land compensation should also be explored and provided.

 

Thanks again for the opportunity.

 

Steve Hardaker

 

 

 


-----Original Message-----
From: Rod MacLean
Sent: June 08,2008 11:30 AM
To: Carp River Restoration
Cc: Feltmate, Peggy
Subject: Carp River Restoration Plan 3rd Party TOR

Hello Sandra Stone,

 

The following is my concern for the Terms of Reference for Third Party Review of the Carp River Restoration Plan.

 

Should engaging external independent groups from outside Eastern Ontario and Western Quebec to conduct a quality control assessment of studies so as to vet reliability and validity a) the hydrological, geological and climatology assumptions and b) test the program variables and models for not just internal logic and coherence under not only normal but also reasonably possible circumstances – become a normal practice?

 

Yours,

Rod MacLean

 

 











From: Jimjlougheed

Sent: June 02,2008 8:30 PM

To: Christensen, Carol

Cc: Schepers, Nancy; Stone, Sandra; Mackay, Rob

Subject: Lougheed Comments Posting of Terms of Reference for Third Party Review

 

Dear Ms. Christensen, I am replying to your email with my comments on the Terms of Reference because the address provided was returned as unknown.

 

 

I would like to comment on the Terms of Reference proposed for the third party review of the Carp River Restoration Plan.

 

Previous Technical Models have failed to include chemical and biological contaminant estimates or the downstream impact of such material.  Stormwater from any extensive development can reasonably be expected to contain significant quantities of dissolved road salt, automotive residues, pet droppings, lawn & garden products, spills etc. that may not be mitigated by sedimentation and will be passed along to the Carp River.  This is a major change to the current state and utilization of the river and its effects should be modeled.

 

I request that the Terms of Reference include Technical Models of the stormwater chemical and biological loads and analyses of their impact on the Carp River Watershed / subwatershed.

 

Thank you,

 

 

Jim Lougheed

 

 

 

 


-----Original Message-----
From: Coolican,Joscelyn
Sent: June 09,2008 2:48 PM
To: Carp River Restoration
Subject: Public Consultation- ToR for 3rd Party Review

Attn: Sharon Stone,
I am currently on maternity leave from my position as environmental analyst with the federal government and have had some time to follow local issues in the media.  The Carp River Restoration Project is of interest to me given that my education is in urban planning, my position is in the field of water management- and it has truly become an interesting story to follow!  As a concerned citizen, I have provided a few general comments based on a quick review of the Terms of Reference.

 

Sincerely,

Joscelyn Coolican







-----Original Message-----
From: Pam Cain
Sent: June 09,2008 4:33 PM
To: Carp River Restoration
Cc: 'Jim Cain'
Subject: Carp River Development Plan

To the attention of:

 

Project contact:
Sandra Stone, Planning, Transit and the Environment

 

From: Pam and Jim Cain

 

As someone who lived for many years adjacent to homes which were built on the Mississippi River flood plain, and watching the consequences of that every spring, I wish to express my interest in the Carp River Restoration Plan. While neither I nor my husband is qualified to assess the Terms of Reference which are guiding current discussions about flood plain development, we do wish, as responsible taxpayers, to lend our voice of support to those who have the expertise to thoughtfully consider the most responsible use of the Carp River watershed.

 

By way of guiding principles, we ask that a transparent and inclusive communication plan be followed. In our experience, much time can be wasted when participants in a debate conduct their business in a way which leaves room for concern and perhaps suspicion. It is possible to lose sight of the key issues when the credibility of the key players takes precedence in the public's mind. To an observer, it appears that the Carp River project has been the victim of misunderstanding and mistrust. Clarification of terms and definitive answers to long-standing questions should alleviate most of this confusion.

 

At the risk of stating the obvious, we ask that residential development in potentially fragile natural environments be held to a much higher standard than might be expected in less sensitive areas. Should errors occur in the process, as has been documented in the CRRP case, every effort must be made to correct those errors so that decisions are based on accurate evidence, notwithstanding the economic implications, both positive and negative, which must become secondary to environmental concerns.

 

As a final point, given the price of gas and the city's stated objective of reducing urban sprawl and populating the city's core with more residents, perhaps the larger question has to do with evaluating the need to attract more families to live beyond the green belt, and potentially compromising a vital habitat for a variety of birds, fish and animals. Maybe the most important question is the What If? What if the Carp watershed were left for Nature to manage, and people were encouraged to live in the heart of the city where services would be maximized, thus reducing the overall cost? Careful intensification of the city's core may be more beneficial to our nation's capital than investing in projects that ultimately distress and sometimes destroy our wetlands.

 

Do we really need to "pave paradise" and "put up a parking lot"?

 

Pam and Jim Cain



 


TABLE ON PUBLIC COMMENTS WITH STAFF RESPONSES                                                   DOCUMENT 2

 

 

Public Feedback

 

Carp River Restoration Plan

Draft Terms of Reference for Third Party Review

 

 

Resident

Feedback

Staff Response

 

 

 

 

 

1. Ted Cooper

§                 Floodplain Policy – The scope of the terms of reference needs to be expanded to include examination of floodplain policy

§                 The floodplain policy related to the Carp River Restoration was recommended in the Watershed/Subwatershed Study, the Project has been supported and the EA documents   accepted by both the MNR and the MVCA

§                 Carp River as a municipal drain – The status of the Carp River as a municipal drain needs to be resolved

§                 As addressed in the June 2006 EA consultation report, the City’s position remains that the Carp River has no legal status as a Municipal Drain under the Drainage Act, and that the EA process followed was appropriate for developing a plan of restoration for the Carp river.

§                 Need to establish definition of existing conditions – There appears to be no identification that there is a need to first establish a credible definition of existing conditions from which an impact assessment can be conducted

§                 Existing conditions in the watershed have been assessed and documented in the Watershed/Subwatershed and Existing Condition reports, including 35 years of recorded streamflows on the Carp River and several recent project related measurements in the Kanata West lands.

§                 Apparent problems with modeling – There are a number of problems with the modeling that need to be corrected before any work on model calibration, etc. proceeds

§                 See ToR item 4. Identified modeling problems have been addressed by TSH, and are included in the 3rd Party review scope of work.

§                 Model calibration vs. sensitivity analysis and adaptive

management – The third party reviewer should be asked to summarize model calibration requirements from the “Technical Guide – River & Stream Systems:  Flooding Hazard Limits (2002)”, and the Lakes and Rivers Improvement Act Technical Guidelines, and to comment on the differences between model calibration and sensitivity analysis

§      See Items 8 and 14 of the Terms of Reference.  As per June 2006 consultation report, modeling of the infrastructure will be ongoing and information obtained will be used to calibrate and update the modeling results as required. This is known as “adaptive management” and is appropriate for situations like the Carp River Restoration Plan. Where extensive flow data is not available for small urban watersheds, as is usually the case, computer simulation models may be applied to a design storm to estimate the design flows, relying upon experience and judgement of the modeller as the initial calibration process.

§                 Development unaccounted for in Present Impact Assessment – There are at least three major developments unaccounted for in the impact assessment completed to date

§                 The information for the existing conditions hydraulic model utilized field surveys.  Therefore any development in place, at that time, was taken into account.  All future encroachments and proposed changes to the Carp River flood plain are included in the post-development model and considered in the impact assessment.

§                 Interim Development and Identification of Stormwater Management Criteria – One of the first tasks that the Third Party Reviewer should be asked to complete is an examination of supporting documentation to determine whether there is any basis on which to assign stormwater management criteria (quantity control criteria)

§                 See items 22 and 24 of the Terms of Reference. Interim development is also included as part of the adaptive management process outlined in the Project Implementation Plan.

 

 

 

 

2. Steve Hardaker

§                 Restoration Plan is a very credible document that puts forward a valid plan

§                 City agrees

§                 Absolutely necessary to restore River to a healthy watercourse regardless of development

§                 City agrees

§                 Partnership between the City, Conservation Authority and land owners offers a cost sharing opportunity that will benefit the taxpayers

§                 City agrees

§                 Under Review of Other Related Issues, suggests the third party reviewer comment of whether the City should be considering restoration beyond Richardson Side Road. 

§                 The EA was not scoped to include this reach, but due to the rural nature of the area, a less intensive “stewardship” project may be possible in the future. Items 6, 13 and 25 address downstream impacts. It should be noted in order to proceed with any works beyond Richardson Side Road, funding would need to be collected upfront from the current landowners before any work could be done.

 

3. Rod MacLean

§         Should engaging external independent groups from outside Eastern Ontario and Western Quebec to conduct a quality control assessment of studies so as to vet reliability and validity a) the hydrological, geological and climatology assumptions and b) test the program variables and models for not just internal logic and coherence under not only normal but also reasonably possible circumstances – become a normal practice?

§                 Pre-qualified firms have been screened for their independence. Independent reviews are usually used to address specific issues related to technical, financial or social aspects of a project, such as in this case.

4. Darlene Conway

§                 Proposes an alternate Terms of Reference

§                 The alternate Terms of Reference will be reviewed in the context of the recently received ministry comments. A recommendation will be made on the appropriateness of further modifications to the Terms of reference at that point.  It should be noted that the policy and regulatory aspects that are suggested for review have to date been dealt with by the responsible agencies through the EA process. 

 

5. Jim Lougheed

§         Terms of Reference should include Technical Models of the stormwater chemical and biological loads and analyses or their impact on the Carp River Watershed/Subwatershed

§                 As per June 2006 consultation report, all stormwater controls will be constructed to meet the standards of the approved Watershed/Subwatershed study.

 

6. Joscelyn Coolican

§         There should be clarification on whether the River is an official municipal drain

§                 See T. Cooper comment above.

§         The third party review should include a policy and legislative review

§                 See D. Conway comment above.

§         The recommendations of the Mississippi Valley Conservation should be reviewed since it is unusual for flood plain development in greenfield situations to occur these days

§                 MVCA policies regarding development in floodplains are consistent with the Provincial policy, and have been confirmed to be appropriate by the MNR and the OMB.

§         The third party needs to outline a planning process for developing an acceptable River Restoration plan that involves all parties who have expressed an interest in the project to date.  To not do so, runs the risk of more Part II orders and other blocking strategies

§                 The EA process conducted in 2005 is the appropriate planning process.

§         Hopes that Darlene Conway and Ted Cooper were/are involved in writing/finalizing the Terms of Reference and are an integral part of the plan

§                 All interested parties have been given the opportunity to comment on the Terms of Reference.

 

7. Erwin Dreessen

§Proposes that the Auditor General finalize the Terms of Reference and that the AG present them to PEC on June 24.  Further proposes that the AG’s Office be tasked with being the manager, recipient and rapporteur of the third party reviewer’s work.  Also suggests that Ted Cooper and/or Darlene Conway be seconded to the AG’s office for the purpose of this review.

  • Not a comment on the ToR. Council and Management decision.

§If this third party review is to “clear” the air”, it should start with taking stock of the positions of all stakeholders

  • The positions of all stakeholders have been assessed and documented through the EA process and subsequently through the development of these terms of reference.

§Totally absent is the fundamental policy issue:  Is defining a “fringe” and filling it appropriate here?

  • This policy has been reviewed and supported by the MNR and the MVCA as the appropriate jurisdictional agencies.

§What the scope should be of a Restoration Plan for the Carp River is not asked.

  • The scope for the plan was developed through the EA process, the most appropriate vehicle for doing so.

§Use of an “adaptive management” approach is not acceptable in this project

  • See ToR item #14. Adaptive management approach is especially appropriate for this project in view of the long time frame for implementation, the limited flow data available for the Kanata West area, and the ongoing monitoring and adjustments proposed as new information becomes available

§The consultant should be asked to develop conservative conditions under which development of lands outside the 1983 flood plain could be permitted, including storm water management criteria

  • See ToR items 22 and 24. Interim development is included as part of the adaptive management process outlined in the Project Implementation Plan.

§Darlene Conway’s alternative Terms of Reference are clearly superior to those on the City’s website.  Her draft should be the basis for final Terms to be recommended to PEC.

  • The alternate Terms of Reference will be reviewed in the context of the provincial comments recently received

§Why was the document, “Implementation Plan Final Draft” by Delcan not shared with the Part II Order Requesters?  What is the status of this document?

  • The requirements for the Implementation Plan  (IP) was identified in all of the EA documents. The documents indicate that a final IP must be developed subsequent to the approval of the EA's. A copy of the IP could not have been provided at the time of the Part II Orders, as one did not exist. In an effort to be proactive while the EA's were being reviewed, a draft of the IP was prepared. The IP will be finalized after the outcome of the EA approval.

 

 

8. John Almstedt

§                 Darlene Conway’s Terms of Reference greatly improves what the City has provided the public respond to.  Comments are provided on Darlene’s Terms of Reference.

§                 See D. Conway comment above.

§                 The first objective to “determine” whether the CRRP, as currently envisioned, is consistent and complies with all pertinent policies, procedures, legislation and guidelines” is important in order to gain public confidence

§                 See ToR Phase 3. The EA process has already established this.

§                 To not involve Cooper and Conway in a meaningful and professional role would do a disservice to the City’s taxpayers and only increase the public’s suspicion and resistance to just about anything that will eventually be offered as a river restoration plan

§                 See J Coolican and Erwin Dreessen comment above.

§                 Would like to emphasize the importance of correctly modelling the proposed stormwater management facilities and habitat ponds with respect to riparian storage calculations, or to put it more simply, should SWF be allowed on the flood plain?

§                 The City position is that this is acceptable practice as stormwater management and floodplain storage elements have been integrated fully into the restoration plan. This issue will also be reviewed by the 3rd Party consultant.

§                 There is a need for an interim development plan

§                 See items 22 and 24 of the Terms of Reference.

§                 Is it or is it not a municipal drain?

§                 See T. Cooper comment above.

 

9. Pam and Jim Cain

§         Lend their voice of support to those who have the expertise to thoughtfully consider the most responsible use of the Carp River watershed

§                 Many qualified experts have been involved, and continue to be involved, in this project.

§         By way of guiding principles, a transparent and inclusive communication plan be followed

§                 The EA was a fully transparent process, as is the development of these Terms of Reference. A public meeting on the draft findings from the 3rd party has been included.

§         Residential development in potentially fragile natural environments be held to a much higher standard that might be expected in less sensitive areas

§                 City agrees and has developed a comprehensive restoration plan to address this.

§         What if the Carp watershed were left for Nature to manage, and people were encouraged to live in the heart of the city where services would be maximized, thus reducing the overall cost?  Careful intensification of the City’s core may be more beneficial to our nation’s capital than investing in projects that ultimately distress and sometimes destroy our wetlands.

§                 The project recognizes the all of the essential characteristics of the Carp River and is intended to restore a heavily degraded stream into a sustainable natural environment to accommodate the City’s needs.  If the Carp River were left in its present state it would continue to deteriorate and fill with sediment.

 


AMENDED TERMS OF REFERENCE                                                                  DOCUMENT 3

 

 

Terms of Reference - Third Party Review of Carp River Restoration Project


1. Background

The Carp River has been assessed as a heavily degraded river over much of its upper reaches, and through the Municipal EA process a Restoration Plan has been prepared in order to mitigate development impacts on the watercourse, improve the sediment transport and balance, increase fish habitat, and provide aesthetic and environmental benefits to the community of Kanata West.

State of the art hydrologic and hydraulic models were applied to define the flows and water levels along the Carp River within the Restoration Reach (Hazeldean Road to Richardson Side Road) and downstream under both existing and future development conditions. The objective was to develop a conceptual river restoration plan within a defined corridor that would not increase flood risk based upon the land use and development conditions prevailing in 2005, and to minimize any downstream impacts of development.

The Carp River watershed is approximately 310 km2 in surface area, and discharges into the Ottawa River at Fitzroy Harbour. About 750 ha of the uppermost part of the watershed is subject to development and is the focus of most of the modeling efforts. The different models that have been applied include QUALHYMO, HEC-RAS, and several versions of SWMM / XP-SWMM. Due to the wide, flat overbank areas, and the general sluggishness of the upper watershed, the HEC-RAS dynamic model has been used to route the various sub-catchment hydrographs along the river to depict the floodplain storage-flow interactions. This model has been set up from Hazeldean Road downstream to the Village of Carp, utilizing about 100 field surveyed cross-sections.

Some problems in the inputs to the hydrologic and hydraulic models were discovered resulting in the need to correct/update the models used, make revisions to the restoration concept and re-compute the flows and water levels. This has now been completed. The City’s Auditor General released an Audit report on 23 April 2008 with recommendations relating to errors in the hydrology and hydraulics, floodplain management, model calibration and sediment transport that also need to be addressed.

These Terms of Reference are to engage an engineering firm to conduct a complete, objective 3rd party review and validation of all aspects of the corrected hydro-technical models for the Carp River Restoration Plan, and the impacts of any changes on the design of the Carp River Restoration Project.

2. Objective

The objective is to review, validate, re-run and objectively ensure that appropriate hydro-technical modeling and floodplain management practices have been incorporated into the design of the Restoration Plan, and that the projected flows and water levels can be applied with confidence to implement the Restoration Project and approved development within Kanata West.


3. Scope of Work

The scope of work includes 3 phases; 1) review/validate/re-run the hydrologic and hydraulic models used; 2) review of other related issues raised in the Auditor General’s report released 23 April 2008; and if the City so decides, 3) updating and adjusting the Restoration Plan.

4. Project Description

The current assignment is to carry out Phases 1 and 2 of these Terms of Reference.

Phase 1 - Technical Model Review and Re-Run

Conduct a full objective review of the hydrologic and hydraulic models used to establish flows and water levels for the Carp River Restoration Project, including their design and setup, calibration and verification, and application to depict existing and future development conditions. This review must include as a minimum:

1.        Confirmation of the accuracy of the basic data and information used in the models.

2.        The models used in the Auditor General’s report and the results obtained.

3.        The choice of models used and the application of the design storms used to establish the flows and water levels along the Carp River.

4.        The corrected hydrologic and hydraulic models representing the original restoration plan and the corrected models representing the modified Restoration Plan, including all return periods (i.e. 2 year to 100 year flows).

5.        The impact of reported drainage area errors.

6.        The criteria as outlined in the Hydraulic Design Brief for the allowable increases in upstream flood levels, downstream flows and velocities.

7.        The infiltration and runoff parameters used in the model to estimate surface runoff volumes.

8.        The hydrologic and hydraulic model calibration procedures used, including the sensitivity analyses carried out and potential utilization of available stream flow records on the Carp River, Manning’s “n” factors, etc..

9.        The selection and orientation of cross sections used to model the existing and proposed floodplain conditions.

10.     The hydraulic routing procedures used to combine the hydrologic inputs and produce the water level estimates, including the steady flow and unsteady flow computations.

11.     The appropriateness of the hydraulic model criteria used to establish water flow, volumes and water levels, such as cross-sections, slope, crossing details, existing and proposed fill in the floodplain, and floodplain storage.

12.     The method of demonstrating the maintenance of floodplain storage in the restoration reach for interim and future development conditions, including balancing cut and fill on a range of return period basis for the entire reach (i.e. 2 year to 100 year flows), versus balancing on a 0.30-metre incremental elevation basis for individual applications.

13.     The impact of culverts and bridges on flows and water levels within the restoration reach and downstream and the potential impact of ice and ice jams on water levels through the restoration reach and downstream.

14.     The adaptive management measures established in the draft Implementation Plan for updating the models as development progresses and monitoring data becomes available to assess flows and water levels, and minimize flood risk.

15.     The analysis of storm water management facilities and habitat restoration pools, and their impact on flows and water levels.

16.     Whether additional storm water quantity controls are required.

17.     Validate and re-run the models and produce final flows and water levels for the restoration reach and the downstream Carp River.

18.     Prepare a Phase 1 report outlining the findings of the model review/validation/re-run in terms of flows and water levels and implications for the Restoration Plan.

19.     Briefing and presentation of Phase 1 findings.

Phase 2 – Review of Other Related Issues

Based on the results of Phase 1, assess the following related issues, as a minimum:

20.      The appropriate timing within the process for geotechnical investigations and examination of geotechnical hazards within the floodplain, including slope stability issues.

21.    Examine the Flow Characterization and Flood Level Analysis, Carp River, Feedmill Creek and Poole Creek (CH2M Hill, October/December 2005) report and advise on the timing of the requirement for updated floodplain mapping to FDRP standards.

22.    The measures established by the City for development in Kanata West to proceed in those areas outside of the flood plain where there are approved EA’s, using interim servicing facilities and any recommended conditions on such approvals, such as SWM criteria.

23.    The need and the timing for incorporating other tributary catchments, such as the upstream Fernbank lands (in the developed condition), into the hydrologic models.

24.    The threshold at which the impacts of increased runoff from interim development (i.e. prior to the Restoration Plan being fully implemented) needs to be further mitigated or development staging to be reconsidered.

25.    Assess the geomorphology and whether a sediment balance can be achieved, and the need for quantitative estimates of sediment volumes and sediment transport capacity, and the impacts of any erosion and sedimentation within the restoration reach and downstream.

26.    The criteria used for storm water quality treatment following the Ministry of Environment Storm Water Management Planning and Design Guidelines, including suspended solids removal.

27.    Prepare a summary of all of the work above and its impact on the Carp River Restoration Plan.

28.    Estimated budget required to complete the revised restoration plan.

29.    Briefing and presentation of Phase 2 findings.

Phase 3 – Plan for Adjustments and Updates

 

As a result of the review of Phase 1 and 2, changes, adjustments or updates may be recommended as it relates to the Restoration Plan. The City may decide to incorporate such changes into the Carp River Restoration Plan in a subsequent Phase 3.