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Manitoulin Planning Board approves granting draft approval for Central 39-lot subdivision

Despite concerns with water quality, setbacks for septic

GORE BAY—Despite several concerns raised by a local resident about water quality, septic systems and fish habitat with the proposed 39 lot Central Manitoulin lakeshore subdivision, the Manitoulin Planning Board (MPB) has given draft approval for the plan of subdivision. 

“Our goal is to zero adverse effects on the lake (Mindemoya) with this development,” said Lee Kieswetter, one of the proponents for the subdivision application from Split Crow Partners Ltd. stated. “We are all for study and enforcement of the lake for quality and septic systems regulations.”

MPB chair Lee Hayden explained that a statutory public meeting had been held on January 30, 2024 to consider the proposal for the 39 lot plan of subdivision by Split Crow Partners Ltd.(located at 18 Tracy Road, township of Carnarvon, in Central Manitoulin).

Central Manitoulin directed MPB in March of 2023 that the lands in question be changed from agriculture to shoreline residential. Site plan drawings were prepared in October 2023 and the plan of subdivision was applied for on December 27, 2023,” said Ken Rautiainen of Deer Foot Subdivision (south of the proposed development) group. “And we have shown on a number of occasions that land was and is active prime agricultural land. Too much agriculture land is being consumed by residential sprawl in Ontario, the little we have should be salvaged.”

Mr. Rautiainen said in terms of water sampling having been carried out by the Lake Mindemoya Stewardship Association (LMSA) and lab testing by a qualified test lab, from 2021 to 2014 the results have progressively gotten much worse with E.coli and coliform readings all beyond acceptable limits as per Canadian drinking water quality standards. He pointed out Central Manitoulin council has seen the impact over time and have concerns as they have issued conditions, one being that a lake quality and lake capacity assessment be completed. This will determine the current and future development limitations. A remediation of lake quality would be the next issue once the lake quality density study is completed. “This condition should also be included in any new zoning bylaw on shoreline development on Mindemoya lake, don’t add development until it’s known the lake can support it.”

Mr. Rautiainen said, “the partners on the lake, Billings, M’Chigeeng First Nation, Central Manitoulin should all be included in all discussions and decisions. The loan partner is the lake itself with no voice. It is quietly being degraded and is impacting the fishery, contaminated potable water, slime build up is excessive.”

“We must protect Lake Mindemoya for the future as the rate of contamination is increasing, a recovery at this point is questionable,” continued Mr. Rautiainen. “It’s not a question of remediation in the future but a need to address the problem now.”

On the hydrogeological report, “We understand a new (reviewed) report has been submitted,” said Mr. Rautiainen. He said Central Manitoulin at a meeting in November prepared a submission to MPB referencing the septic system and potable water. “Not aware of the specifics but we understand the idea that setbacks for septic systems follow the Ontario residential standards of 15 metres. He said the EXP report encouraged a maximum setback of 300 metres from the lake to have zero load phosphorus loading, and that phosphorous mitigation is required.”

The note the  EXP report assumed the lake can tolerate inflow from the septic beds based on a few water samples. “Those samples also indicated contamination as did the previous study. They assumed the exchange of water was consistent and assume it could handle it, well that assumption is grossly understanded,” said Mr. Rautiainen. “The exchange of water on the lake is near zero except for spring run-off and when the dam is opened to provide for the fish spawn on the river, that influx from Mindemoya Lake is sending extremely contaminated water towards Providence Bay.” 

“Reports like this only go as far as they are instructed by who is paying the bill,” said Mr. Rautiainen. “No reference to the LMSA extensive study was referred to. Owner driven reports must not be the end all, we must look further to determine the end result.”

“The thought that Central Manitoulin and the board are not waiting until the results of the (new) LMSA water testing report is presented to council is strange,” said Mr. Rautiainen. “Why are we rushing this project through? The public isn’t in the loop. The (Central Manitoulin) statement to improve transparency and public information hasn’t been evident. He said the standard for water and sewage regulations for shoreline development must be consistent, with monitoring of these new systems. A new bylaw that applies to shoreline development standards needs to be implemented.”

Mr. Rautiainen said, “a subdivision of this size should only be allowed if sewer and water services are available. If this development along with future proposals get approved without proper municipal service, you can rest assured that Central Manitoulin will be expected to carry the burden to provide services at public expense.” 
“Again, the rush is on to approve this development, much of the public is away for the winter and next to no notice was given the public of the planning meeting and the ability to prepare presentations, and be provided with new information from the developer,” said Mr. Rautiainen. “I encourage the planning board consider today’s presentation along with host of information provided previously,” said Mr. Rautiainen. “Lake Mindemoya needs a reprieve from more development and the contamination it is being fed. Uncontrolled expansion to trailer parks and an inspection and monitoring method to ensure the sewage is being controlled.” 

Mr. Kieswetter in reply to Mr. Rautiainen’s submission said, “number one, the notice of application for this development proposal was given under consideration since 2023 and it is nearly 2025. Things are not being rushed.” He explained lake studies have been done even before the application was made. The proponents have discussed and worked extensively with Central Manitoulin on the proposal and concerns. “Water quality impacts were addressed under the hydrogeological study, and the aim is for the subdivision to be low/zero impact on the lake.”

Existing septic systems on the lake are often near the water or on the shore allowance, and the new septic systems for this development will be as far away as practical as per proposed conditions, “When you look at the septics at Deer Foot, maybe building took place on the shoreline allowance. We won’t be doing that, and this has already been covered,” said Mr. Kieswetter. 

He also said no lake surface water on Manitoulin would meet drinking water requirements, and that all surface water needs to be treated.

MPB member Doug Head questioned how far back the field beds would be on the lots. 

“The lots have varying topographics, so it is not easy to give one figure. They will be as far back as possible, taking into consideration the requirements required,” said Mr. Kieswetter.

As was indicated the field beds would be located as far back as possible and this will be part of the draft subdivision agreement the proponents have with the municipality, said Mr. Hayden. 

Board member Dave McDowell said he agrees with Mr. Rautiainen that water quality is a concern and said that the provincial natural resources ministry does nothing in terms of looking at water quality or septic system enforcement. He suggested Central Manitoulin might want to look at having a lake study and fish habitat study carried out with cost recovery from the lots sold. 

Mr. Kieswetter said he is all for water quality studies and enforcement on septic and water quality regulations. 

The MPB can call for studies on lake capacity, fish habitat and environmental impact studies in the conditions and these issues will be part of the subdivision agreement involving the proponents and Central Manitoulin, said MPB secretary Theresa Carlisle.

Further discussion amongst board members took place and it was felt Central Manitoulin should take the lead on measuring water quality, while Public Health Sudbury and District approves septic systems the municipality will have to have control at the building permit stage to ensure septic systems are farther back and the specifics of the septic installation be covered in the subdivision agreement with the municipality.

The MPB was told the EIS is not complete yet, but no concerns have been raised so far, the archaeological assessment study stage 3 of the assessment has been completed, as recommended by the stage 2 assessment and sent to local First Nations for comment (with none having been voiced in the required 30-day period) and the report has been provided to the Ministry of Culture for review. Stage four assessment is required and buffer zones will be needed from certain areas, but lots are still developable.

Mr. Hayden said the MPB has not received additional input from other citizens, with concerns being raised. “We have to follow the Provincial Planning Policy Statement but with your (Mr. Rautiainen) concerns you will still have the opportunity to comment on the subdivision agreement with the municipality and more reports are to be done.”

“There will be a site plan for each building and will include how far back the septic (field beds) will be in the subdivision agreement,” said Mr. Kieswetter.

If was moved by board member Dan Osborne and seconded by Bryan Barker that the subdivision application file be granted draft approval, with amended conditions 22 and 23, and the expiry date of the approval being three years. The board chair requested a recorded vote with board members Bryan Barker, John Deforge, Lee Hayden, Ken Noland, Richard Stephens and Dan Osborne in favour and Doug Head and Dave McDowell opposed.

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Expositor Staff
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Published online by The Manitoulin Expositor web staff