Bert Miller Nature Club Letter To Town

24 September, 2009

To the Attention of:
Carolyn Kett, Town Clerk
Town of Fort Erie, Ontario

One of the main objectives of the Bert Miller Nature Club is to preserve and protect our natural environment. The proposed Canadian Motor Sports Speedway project has raised concerns amongst our members regarding the negative effects it may have on both our environment and our community.

We submit the following concerns to be included in the report to Council. Additionally, we would like to be registered as a party so that we can be kept informed and continue to participate and comment on decisions relating to this project.

We have attached as an appendix to this letter a listing of the specific points of reference within the Provincial Policy Statement with which we believe this speedway proposal may be inconsistent. However, more importantly, we have six general areas of concern.

  1. We believe the following species protected by the Ontario's Endangered Species Act will be negatively impacted by this project:
    • Milk snake (special concern) – occurs on the subject site
    • Wood turtle (endangered) – occurs in one of two watersheds for which this project will be located on the headwaters
    • Snapping turtle (special concern) – occurs in both watersheds for which this project will be located on the headwaters
    • Green Dragon (special concern) – occurs in one of two watersheds for which this project will be located on the headwaters
    • Eastern Flowering Dogwood (endangered) – recorded on subject site
    • Swamp Rose Mallow (special concern) – occurs in one of two watersheds for which this project will be located on the headwaters
    We believe that we in Fort Erie have an ethical obligation to ensure these species’ survival in our community.
  2. We believe this development will seriously impact both Frenchmans and Millers Creeks and will affect several fish and mollusc species protected under Canada's Species at Risk Act in the lower sections of these creeks. The second phase of this project authorizes almost 100,000 people to be situated on the headwaters of these creeks for 150 days of the year. It is inconceivable to us that these creeks might not be seriously damaged. Additional specific concerns related to ground water /creek water quality include but are not limited to:
    1. the large area where camping will be permitted
    2. the large area for which surfaces will be hardened
    3. the elimination of floral and faunal species, whose biological services include water purification
    4. the relocating of a section of Millers Creek
    5. the spanning of a provincially significant wetland with a bridge on the road course
    6. silting and contamination during the construction period
    7. ground water contamination as a result of increased vehicular traffic and operation of the speedway itself
    8. transferring groundwater from one watershed to another
  3. We believe air pollution associated with traffic and the use of generators at the campgrounds will significantly increase the amount of toxic chemicals in our air and negatively affect our community's health. We estimate vehicles could be idling for several hours waiting to access or exit onto roads around the subject site. With our prevailing winds being from the West, we are particularly worried about the health affects on children living in Crescent Park, some living less than 1 km from the subject site.
  4. Our research suggests humans and many faunal species within a 10 mile radius from the subject site could be negatively impacted by noise generated during the 150 days of the calendar year when racing operations are expected to be underway. This circumference easily encompasses all of Fort Erie. All bird, frog, and toad species, and many insect and some mammal species, use sound to communicate for breeding and other purposes.
  5. Light pollution associated to the use of the subject site could also negatively impact humans and faunal species alike. Migrating birds and moths are known to be particularly vulnerable to artificial light sources.
  6. Finally, our research suggests the scale and nature of this project will cause a shift away from the current residential character of Fort Erie towards a taxbase too heavily dependent on the speedway and its fans. Our taxbase at present is primarily residential, many having chosen to live here for our peace and quiet. Many will choose to leave for quality of life reasons and our ability to attract new residents will decline, particularly in neighbourhoods adjacent to the speedway.

Together the employees and fans of the speedway will initially outnumber residents two to one, and eventually four or perhaps even five to one. We anticipate costs for policing, traffic management, roads, sewers, water, garbage disposal, legal services and municipal staffing will be exorbitant. Should the speedway project not succeed, or when it becomes uneconomical, as will ultimately be the case, Fort Erie's remaining residents will not be able to sustain the infrastructure. We recommend that a complete accounting of the estimated infrastructure costs be organized immediately and shared with residents so they have a better understanding of the implications.

We are also concerned that the Transportation and Noise studies could not be made more fully available to the community. Town officials have informed us that these studies are copyright protected and that they cannot be copied in any way or even posted on the Town's website. In our view, requiring residents to travel to town hall to view these documents has significantly limited the community's appreciation of the full impact this proposed project may have on their quality of life.

Thank you for accepting our comments, which have been submitted with careful thought and consideration after researching similar projects. We believe this to be the most critical decision faced by the town for Fort Erie to date and hope that local residents will find our participation helpful and informative.

Sincerely yours,

Dawn Pierrynowski, President
Tim Seburn, Treasurer

Bert Miller Nature Club

Appendix: References to Provincial Policy Statement

References to Provincial Policy Statement (PPS)

This proposal is inconsistent with the following provisions of the PPS:

Part I, paragraph 2 – this is inappropriate development in that it does not protect public health and safety and the quality of the environment

1.1.1 (c) – obvious environmental and public heath and safety concerns for residential neighbours are created

1.1.1 (d) – it will create a pattern that is inconsistent with and would prevent the efficient expansion of adjacent residential neighbourhoods

1.1.3.2(a)(3) – air quality for the neighbourhood of Cresent Park will be negatively impacted by idling cars

1.1.3.9 – it involves a significant amount of agricultural lands and will negatively impact the prospects for neighbouring agricultural operations

1.1.4.1(b) – it requires an unjustified and uneconomical expansion of infrastructure

1.7.1(e) – there is insufficient buffering or separation to prevent adverse effects from odour, noise, and other contaminants and the risk to public health has not been minimized

1.8.1 – this pattern of development will not improve air quality

2.1.2 – this project will interfere with the diversity and connectivity of our natural features and the biodiversity of our natural systems

2.1.3(a) – endangered or threatened species will be impacted

2.1.3(b) – a provincially significant wetland will be impacted

2.1.4 – it has not been demonstrated that there will be no negative impact on natural features or the ecological functioning of significant wetlands, woodlands, wildlife habitat and areas of natural and scientific interest throughout Fort Erie

2.1.6 – it has not been demonstrated that there will be no negative impact on the natural features or the ecological functioning of adjacent lands. This is particularly the case for fish habitat in the creeks at which this project is located at the headwaters

2.2.1(b) – it is not clear that cross-watershed impacts have been minimized

2.2.1(d) – this proposal will negatively impact water quality in both creeks and the Niagara River

2.2.1(g) – this proposal will significantly increase the percentage of non-pervious surfaces and contaminant loads in the watersheds

2.3.1 – prime agricultural areas will be lost

2.3.3.1 – this is an inappropriate use of agricultural land and is incompatible with surrounding agricultural operations

Part 4, paragraphs (3), (4), (5), (7) and (8) – Considering the PPS in its entirety, this project is inconsistent with both the PPS and the Official Plan for the Town of Fort Erie and does not create a strong community, nor a clean and healthy environment for Fort Erie