Three subdivisions known collectively as the West Side Lands
were to be built along Clair Creek and primary recharge for the
Waterloo Moraine. The Environmental Impact Studies used were proven
insufficient by way of an OMB appeal PL071044. The OMB secured an
meeting of all experts and conditions were signed off which resolved
all the issues but now it appears those conditions are not being
met.
The final ruling of the West Side Lands OMB case
PL071044 states clearly:
The conditions referenced in Exhibits 8
and 9 are acceptable and will stand.
To view the Expert Minute conditions, otherwise known as exhibits
8 and 9, visit here: http://waterloomoraineact.com/expertminutes.htm
Prior to a 12 month creek study and prior to the installation of
OMB mandated mini piezometers to measure the flow and flow rates
entering into Clair Creek, construction in the West Side Lands began
that resulted in: Grading and cut and fill as shown in this You
Tube video: http://www.youtube.com/watch?v=wDVUrWaVCwE
Water Diversions and alterations of water heading to Clair Creek
can be seen here: http://www.youtube.com/watch?v=HVOst2ubQ0I
Diversions of water heading to water features in ESPA 19 can be
seen here: http://www.youtube.com/watch?v=MLnzrAUFji8&feature=related
Currently the OMB has no power to enforce it's ruling as noted
in this You Tube video here:http://www.youtube.com/watch?v=9ANg5ZL-png
My experts state this activity violated the Federal Fisheries Act
and that this work significantly altered the hydrogeology of the
area prior to the completion of the OMB mandated testing.
The Department of Fisheries, the Ministry of Enviroment, the Ministry
of Natural Resources, the Grand River Conservation Authority, the
City of Waterloo, the Region of Waterloo and the Environmental Commissioner
of Ontario are all fully aware of this situation.
Documents secured by Freedom of Information show this work was
approved by the City of Waterloo Planning Staff prior to the completion
of the OMB mandated tests.
The Region of Waterloo states grading is a city issue, not Regional
issue so they do not accept any responsibility for these actions.
According to the OMB it is the Municipality responsible for compliance
to OMB rulings. If they don't comply the only recourse is to take
the matter to court.
The OMB ruling was submitted
to the Superior Courts. It is case file C-280-10.
There is an Ontario Ombudsman's Investigation currently underway
in regards to this matter.
The RCMP has been informed and I have the transcript of the two
hour meeting we had regarding this matter. There is an audio recording
of the interview as well.
A Cease and Desist correspondence was provided to the solicitors
of the City of Waterloo, the Region of Waterloo and the Developers
of these properties.
An offer of mediation was made to the City of Waterloo. Planning
staff declined the request but there has yet to be any response
by City Council.
The only recourse left at this point is to go to court to seek
a notice of motion for contempt of court charges against the City
of Waterloo.
My family spent $27,000 to secure the OMB ruling and at this time
we are making a request to secure public support to be able to afford
the required court process.. This is the first time a case like
this has been brought foward to the best of our knowledge where
an OMB process must be defended in the courts.
To support legal
action to secure compliance towards the West Side Lands OMB ruling,
please send donations to:
Louisette Lanteigne, 700
Star Flower Ave., Waterloo Ontario N2V 2L2
or on line donations via
paypal to butterflybluelu@rogers.com
Because I am not a non profit agency I am unauthorized to issue
receipts but 100% of funds gathered will assist with legal expenses
of photocopies, legal fees etc.
For more information please feel free to email
me Louisette Lanteigne att butterflybluelu@rogers.com
