Ms. S. McVittie
Senior Development Planner
Development Approval and Planning Policy
Town of Caledon
6311 Old Church Road
Caledon, ON
L7C 1J6
July 10, 2015
Castles of Caledon Corp. Natural Heritage Responses to February 27, 2015 Review Comments
Application for Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision
Part Lot 4, Concession VI EHS, Town of Caledon
Town File POPA 13-06, RZ 13-14, 21T-13003
___________________________________________________________________________________
SPL provides a response to natural heritage comments on the Castles of Caledon Corp. submissions
below in the order of the points noted in the Town of Caledon February 27, 2015 letter. Please note SPL
has also appended a technical response addressing our most recent joint review meeting points.
Environmental Constraints Map
60. Prior to Draft Approval Please illustrate on the Environmental Constraints Map the limits of the 40m
buffer being recommended for protection of the rare dragonfly habitat (Development Section, Landscape).
The attached Environmental Constraint Map illustrates the 40m development setback from critical
habitat.
61. Prior to Draft Approval Please illustrate the 30m buffer from Walker’s Creek (Development Section,
Planning).
See attached Environmental Constraint Map with 30m development setback limit from Walker’s Creek.
65. Prior to Draft Approval The Natural Heritage Evaluation has identified sensitive habitat for a rare
Dragonfly that should be preserved and protected. To ensure that pedestrian trails and that any necessary
pedestrian bridges will not be located near the habitat, please illustrate the location and limt of 40m buffer
area on the pedestrian linkage plan (Development Section, Landscape).
See attached Environmental Constraint Map illustrating sensitive habitat we call critical habitat due to
courtship. This is identified by a red square with a 40m setback that reaches across the pond. The square
is drawn conservatively larger than the courtship area following the precautionary principle of planning.
14 Ronell Crescent, Collingwood ON
www.splconsultants.ca
Tel:705-445-0064 Mobile: 519 378 5311
Email: lsober@splconsultants.ca
Within this zone creek crossings for the pedestrian trail are restricted to provide maximum privacy and
avoid any sedimentation of the oxygenated riffle during construction phases for crossings. The broader
general habitat (yellow) can sustain the level of pedestrian use proposed including creek crossings.
68.
Prior to Draft Approval: Where trail(s) are proposed within the open space to connect with the existing Town owned trail
on the east side of Walkers Creek, field siting of the trail(s) is required to ensure preservation of native and sensitive habitat. The
siting of the trail(s) shall be done prior to Draft Plan Approval to:
• Ensure a proper location can be achieved that accommodates protection of Natural Heritage Features (rare species)
• The proposed trail corridor can meet provincial accessibility standards for slopes
Please note that the Town will not be accepting Block 196 into Town ownership so the trail will be placed in a block that is
dedicated to the Town. Please revise the draft plan accordingly.
The field siting will require representation from the applicant, Town, TRCA, consulting ecologist and local Caledon East trail
group. (Development Section, Landscape)
Agreed. Field siting is scheduled with review agents on July 14, 2015.
Natural Heritage Evaluation
71. Prior to Draft Approval: The Table of Contents does not match the section headings and numbers in the Report,
please correct. (Development Section, Landscape)
Changes made to most recent copy.
72. Prior to Draft Approval: As discussed in the Town's Comments Letter dated May 20, 2014, the summary identifies that the
proposed plan of subdivision contains 201 lots (not 213 as proposed), as well as a population of 610. Please correct the
report. (Development Section, Planning)
Changes were made.
73. Prior to Draft Approval: Please update Map 1 to identify the 40 m setback from the Clamp-tipped Emerald Dragonfly.
(Development Section, Planning)
See attached mapping.
74. Prior to Draft Approval: Page 2 of the NHE provides clarification that the 40 m dragonfly buffer cannot include structures
such as bridges or fences in it in order to protect the habitat. As part of establishing pedestrian linkages between the
proposed Castles of Caledon Subdivision and adjacent existing trail systems, a pedestrian bridge will be required across
Walkers Creek, and it is likely that it would be located upstream of the dragonfly location. Please provide recommendations
for what would be an appropriate distance to establish a pedestrian bridge from the habitat (if it should be greater than
40.0 m) as well other mitigation measures necessary to accommodate a trail and bridge crossing while protecting the
dragonfly habitat. (Development Section, Landscape)
40m setback as noted in original NHE from critical habitat, illustrated by the red square on
the updated larger scale mapping attached. Further detail regarding the dragonfly ecology is
also appended for review agents if/as required in a Technical Appendix.
14 Ronell Crescent, Collingwood ON
www.splconsultants.ca
Tel:705-445-0064 Mobile: 519 378 5311
Email: lsober@splconsultants.ca
75. Condition of Draft Approval: The requirement to prepare an Environmental Management/Restoration Plan that addresses
habitat enhancement and restoration is identified throughout the report. A condition of Draft Approval shall be the
preparation of the Environmental Management Plan/Restoration Plan, further those recommendations for planting types
and locations as identified in the NHE are included within the plan. (Development Section, Landscape)
Agreed. See Restoration Plan (Map 2 attached) guiding native plant installation.
76. Prior to Draft Approval: Page 4, of the Report identifies the presence of uncommon moss and interesting fern allies. Please
identify the location of these species on a map so that it may assist in locating trails at safe distances from the species.
(Development Section, Landscape)
Location identified on updated Environmental Constraint Map attached.
77. Prior to Draft Approval: Map 2 on page 46 cannot be reviewed as it is at a scale that is difficult to read, please provide
the map at a larger scale that is similar to Map 1. (Development Section, Landscape)
Attached.
78. Prior to Draft Approval: Page 8, states that additional staking maybe required to identify the setback from the most
ecological sensitive zone on the west side of Walkers Creek. Clarification is required for when the staking would be done
and what impacts they would have on development setbacks shown on the Draft Plan of Subdivision.
Please ensure that Town of Caledon and TRCA staff are included in the additional staking. It should be noted that in the
event that a further setback is required, the draft plan and reports will be impacted and will need to be revised accordingly,
(Development Section, Planning & Landscape)
SPL confirms that this is the 40m extent of setback for dragonfly habitat. Staking exercises are
upcoming on July 14, 2015 with review agents. The conservation area does not alter the prior
site plan.
79. Prior to Draft Approval: Page 8, states a 50 m setback was applied for the dragonfly habitat. Clarification is required on
where the 50 m setback is located. Please illustrate that setback on Map 1 and clarify why it is a different setback then
40 m identified at the beginning of the report. (Development Section, Landscape)
Please note the 50m was an initial setback imposed when more site detail is required to
refine the setback based on wildlife ecology. SPL attended the site again and observed the
odonata use and determined a 40m setback suited the function and terrain. This was
conservative in nature also as 40m further to the critical habitat area, all encompassed larger
area than the dragonfly actually used. The NHE reference to 50m was removed.
80. Condition of Draft Approval: On page 21 of the NHE, it identifies support in establishing interpretative signage associated
with the trail network and the parkland to help educate residents on stewardship practices they can foster in order to protect
the surrounding habitat, specifically rare habitat. Any educational and interpretative signage can be addressed as part of
the detailed design stage of the development. (Development Section, Landscape)
14 Ronell Crescent, Collingwood ON
www.splconsultants.ca
Tel:705-445-0064 Mobile: 519 378 5311
Email: lsober@splconsultants.ca
Agreed.
81. Prior to Draft Approval: The figure on page 27 is not shown in its entirety, please correct. (Development Section,
Landscape)
Thank you, the figure has been replaced with the current 2015 draft plan in entirety.
82. Prior to Draft Approval: As explained in the Town's Comments Letter dated May 20, 2014, please clarify what native
flora-weedy invasive "living fence" on page 31 in the first paragraph means. (Development Section, Landscape)
The living fence is often delineated on the outer edge by a prickly thorny species such as
Hawthorn to discourage entry into the natural area. The type of final species selected is
very much a discussion point.
83. Prior to Draft Approval: Page 33 identifies that there is a northwesterly interior hedgerow that has been recommended for
retention to promote wildlife movement; it is not clear what hedgerow is being referred to, provide clarification.
(Development Section, Landscape)
The northwesterly hedgerow is the one that falls predominantly onto adjacent lands.
84. Prior to Draft Approval: As discussed in the Town's Comments Letter of May 20, 2014, the findings of the Natural
Heritage Evaluation (NHE) need to be revised to include a review of the relevant environmental policies of the
Town's Official Plan, including, but not limited to Section 7.7.10. (Development Section, Planning)
A Policy discussion has been added. Please see the attached Policy Appendix.
85. Prior to Draft Approval: As discussed in the Town's Comments Letter dated May 20, 2014, the NHE recommends
preservation of the hedgerow along the northern boundary of the subject lands and filling in any gaps (page 5) to protect
the wildlife movement. Page 5 refers to Map 2 for restoration plantings; unfortunately the Town cannot review Map 2 until
it is provided at a larger scale.
The revised NHE has confirmed previous Town comments that the northern hedgerow is on the adjacent lands and not in
the subdivision. Please provide further review on how the hedgerow will be protected and enhanced. The current Draft Plan
proposes residential lots and site disturbance directly to the limit of the development boundary. If the hedgerow is directly
adjacent to the subdivision boundary it will be impacted by the development. A minimum setback of twice the size of the
vegetation drip line should be provided to the hedgerow. If additional setback is required to ensure preservation of the
wildlife corridor, please specify this in the report. Please provide recommendations for how enhancement plantings (as
suggested in the report) can be provided on the development lands to fill in the hedgerow gaps and enhance the corridor
while still be located within private residential lots. (Development Section, Landscape)
Please find attached Map 2 at a larger scale. The north hedgerow is the same one in point 83.
It does not qualify as a key natural heritage feature nor is there any evidence of it articulating with
the Scots Pine on the knoll mid parcel.
SPL recommended planting to fill the “gaps” of the broken hedgerow at a local level of
management by future landowners. A recommended mechanism to guide these stewardship
plantings is through the municipality holding a security deposit of the landowner. The security
deposit is then returned in year 2 after a site audit confirms the vegetation is planted.
14 Ronell Crescent, Collingwood ON
www.splconsultants.ca
Tel:705-445-0064 Mobile: 519 378 5311
Email: lsober@splconsultants.ca
86. Prior to Draft Approval: As discussed in the Town's Comments Letter dated May 20, 2014, the Restoration Plan is
required prior to Draft Plan approval as part of a complete NHE document. Butternut is present in the "eco-district". Where
appropriate; please consider butternut plantings within the restoration plan. (Development Section, Landscape)
Please find attached Map 2: Restoration Plan including Butternut where available; fungal
pathogen Sirococcus clavigignenti-juglandacearum may preclude availability, however if healthy stock
is confirmed this tree will be installed.
Please do not hesitate to contact me with any questions or comments.
Sincerely,
Linda Sober, H.B.Sc.
Senior Ecologist
SPL Consultants Limited
14 Ronell Crescent, Collingwood ON L9Y 4J7
T 705 445 0064 F 705 445 0067 C 519 378 5311
www.splconsultants.ca www.wspgroup.ca
14 Ronell Crescent, Collingwood ON
www.splconsultants.ca
Tel:705-445-0064 Mobile: 519 378 5311
Email: lsober@splconsultants.ca
TECHNICAL APPENDIX
POLICY
Planning Act
SPL confirms the application is consistent with environmental policy and reviews applicable upper
and lower tier policy, beginning with the Planning Act of Ontario, Section 1.1 below.
1.1
The purposes of this Act are,
(a) to promote sustainable economic development in a healthy natural
environment within the policy and by the means provided under this Act;
(b) to provide for a land use planning system led by provincial policy;
1.1.(a) natural environment includes significant woodlands and sensitive wildlife
habitat in our opinion which has been conserved in the draft plan
1.1.(b) planning led by provincial policy as with the provincial policy statements is in
our opinion met through balancing the economic policies with ecological ones
Planning Act Section 2
Provincial interest
2. The Minister, the council of a municipality, a local board, a planning board and
the Municipal Board, in carrying out their responsibilities under this Act, shall have
regard to, among other matters, matters of provincial interest such as,
(a) the protection of ecological systems, including natural areas, features and
functions;
(c) the conservation and management of natural resources and the mineral
resource base;
14 Ronell Crescent, Collingwood ON
www.splconsultants.ca
Tel:705-445-0064 Mobile: 519 378 5311
Email: lsober@splconsultants.ca
(d) the conservation of features of significant architectural, cultural, historical,
archaeological or scientific interest;
(p) the appropriate location of growth and development;
(q) the promotion of development that is designed to be sustainable, to support
public transit and to be oriented to pedestrians. 1994, c. 23, s. 5; 1996, c. 4, s.
2; 2001, c. 32, s. 31 (1); 2006, c. 23, s. 3; 2011, c. 6, Sched. 2, s. 1.
(a) The draft plan of subdivision conserves the significant ecological features and
functions we identified including the forested creek for rare dragonfly, uncommon
moss in the southern forest patch and provides for enhancement of an existing fallow
farm parcel through native plantings identified in the native planting plan.
(c) Critical habitat for instance of the dragonfly and 40m setback for development
meets the provincial directive to conserve and manage the natural resources
consistent with the PPS direction of the Planning Act.
(d) For scientific interest there are no identified ANSI and all PSW are conserved and
setback from development in the draft plan of subdivision.
p) The location of growth and development based on the Caledon Settlement Area
and location of the environmental features is appropriate
(q) Sustainability on all policy counts has been established
Section 3 of the Planning Act excerpted below also speaks to natural heritage:
16. (1)
An official plan shall contain,
(a) goals, objectives and policies established primarily to manage and direct
physical change and the effects on the social, economic and natural
environment of the municipality or part of it, or an area that is without
municipal organization;
Development approval here is guided by adequate environmental study that
captured wildlife activity at the appropriate seasons.
Thus, an OPA and ZBLA to permit residential land use is appropriate with the
safeguards for natural heritage identified by SPL, namely constraint and
enhancement of existing fallow farmfields through a native planting plan.
14 Ronell Crescent, Collingwood ON
www.splconsultants.ca
Tel:705-445-0064 Mobile: 519 378 5311
Email: lsober@splconsultants.ca
Provincial Policy Statement
The current PPS (2014) is to be reflected in the upper and lower tier municipal plans.
2.1.1 indicates natural areas and features shall be protected, consistent with SPL
recommendations and the final draft plan. Environmental constraint zones are based on our
robust seasonal wildlife inventory conducted at appropriate seasonal times to characterize
ecology of the site therefore meeting this criteria. i.e. we found the sensitive areas and for the
remainder of the farmland, recommended increasing biodiversity through habitat creation
using native planting.
2.1.2 landscape level linkages have been evaluated during ground truthing of the site even to
extend comment to local and broken farm hedgerows that can be improved through the planting
of trees at the rear lot limits. In other words, we have exceeded policy here for natural heritage.
14 Ronell Crescent, Collingwood ON
www.splconsultants.ca
Tel:705-445-0064 Mobile: 519 378 5311
Email: lsober@splconsultants.ca
Peel Region Official Plan
The natural environment is recognized through a Greenlands System in the Peel Strategic Plan
and policy which promotes sustainable development through integrated and responsive social,
economic, environmental and cultural policies of the regional plan, supported by area municipal
plans (en sensu, S. 2.1.1).
The Greenlands System is made up of significant elements listed below which we inventoried for
during seasonal wildlife surveys:









wetlands
woodlands
environmentally sensitive or significant areas
areas of natural and scientific interest
habitats of vulnerable, threatened and endangered species
valley and stream corridors
shorelines
natural corridors
fish and wildlife habitat (which can capture earlier elements)
The Peel Region Official Plan policy interest focuses on Regional Core Greenlands (Policy
Section 2.3) while The Town of Caledon Official Plan addresses Natural Area Corridors (NAC)
and Potential Natural Area Corridors (PNAC) through their Environmental Protection Area (EPA)
policies.
The study site falls within the Oak Ridges Moraine and as such S. 2.2.9.2.1 directs us to
implement the ORMCP respecting the Five Principles of the Plan, refining ORMCP policies to suit
regional and local conditions. Indeed, the conformity exercise required by Section 9 of the Oak
Ridges Moraine Act allows municipalities to be more restrictive than the Act if defensible. Where
the Province provides criteria for natural features, provincial criteria shall apply, unless municipal
criteria achieve or exceed the same objective (ROPA 21B, p. 52 February 2013 O.P.).
Our new Environmental Constraint Map layer illustrates the ORMCP designation layer consistent
with the Plan (S. 2.3, p.51).
Woodland Policy
Region of Peel Official Plan Definition of Woodlands (Adopted ROPA 21B) Appealed:
Woodlands are complex ecosystems comprised of communities of trees, shrubs, ground vegetation and
immediate environmental conditions on which they depend. Woodlands provide a range of ecosystem
functions including: attenuating flood flows; trapping air and water borne sediment; preventing erosion
and stabilizing steep slopes; providing shade for cold water fisheries; enhancing groundwater recharge
14 Ronell Crescent, Collingwood ON
www.splconsultants.ca
Tel:705-445-0064 Mobile: 519 378 5311
Email: lsober@splconsultants.ca
areas; providing habitats and promoting species diversity. Woodlands may also contain remnants of old
growth forests. Woodlands are important because of their scarcity in Peel and the rest of the Greater
Toronto Area. Forest management using good forestry practices is an acceptable activity within
woodlands.
(Adopted ROPA 21B) (Provincial Modification in bold
a) a tree crown cover of over 60% of the ground, determinable from aerial
photography, or
b) a tree crown cover of over 25% of the ground, determinable from aerial
photography, together with on-ground stem estimates of at least:
hectare,
height (1.37m), per hectare,
500 trees measuring over 12 centimetres in diameter at breast height (1.37m), per hectare, or
er at breast height
(1.37m), per hectare (densities based on the Forestry Act of Ontario
1998) and having a minimum average width of 40 metres or more measured to crown edges.Treed portions
with less than the required stocking level will be considered part of the woodland as long as the combination
of all treed units in the overall connected treed area meets the required stocking level. Woodlands
experiencing changes such as harvesting, blowdown or other tree mortality are still considered woodlands.
Such changes are considered temporary whereby the forest still retains its long-term ecological value.
Town of Caledon Official Plan
Woodlands, shall mean complex ecosystems of different tree species, shrubs, ground vegetation and soil
complexes that provide habitat for many plants and animals. Woodlands is a general term which refers to
areas occupied by trees, treed areas, woodlots and forested areas.
Caledon Official Plan Natural Environment Policies
The Town of Caledon Natural Heritage System, Natural Core Areas and Natural Corridors are
designated Environmental Policy Areas (EPA).
Development within and adjacent to EPA is subject to policies of Section 3.1.4, the Performance
Measures of Section 3.1.5, and the detailed land use policies of Section 5.7, and, within the
ORMCPA, the detailed policies of Section 7.10.
14 Ronell Crescent, Collingwood ON
www.splconsultants.ca
Tel:705-445-0064 Mobile: 519 378 5311
Email: lsober@splconsultants.ca
The ORM policies within Town of Caledon Official Plan Section 3.1.5.16 and the Region of Peel
Official Plan Section 2.2.9 have been met through careful field measurement confirming no
KNHF, HSF or significant woodlands (Appendix B).
Caledon’s Ecosystem Framework (3.1.3.1) describes ecosystem parts as:




Natural Core Areas
Natural Corridors
Supportive Natural Systems
Natural Linkages
The Town of Caledon organization of the local ecosystem refines the Peel Regional Greenland
System but must still conform with Regional policy direction (p. 3-3).
General policies (3.1.4) guide the land use application to propose development that conforming
to the Caledon ecosystem principle, goal, objectives, planning strategy, policies and Performance
Measures contained in the Plan.
Consistent with Section 3.1.4.6 of the Town of Caledon Official Plan, the development proposed
has been subject to appropriate environmental study including an EIS (NHE) and Mitigation and
Native Plant Enhancement Plan (Map 2) discussed with review agents. Preparing the EIS (NHE)
also complies with Section 5.7.3.1.13 and 5.7.3.7 while habitat enhancement/restoration efforts
meet the goal of Section 5.7.3.7.2 e).
The Plan recognizes the ORMCP ranking of KNHFs and/or HSF with related Minimum Vegetation
Protection Zones captured by the same net of the Town of Caledon EPA designation.
All natural areas that met criteria for significance were setback from development consistent with
the Town of Caledon Official Plan Section 7.10.5, protecting the ecological integrity of the larger
natural heritage system and all the significant ecosystem component parts as outlined in Section
7.10.2. This ensures that the Oak Ridges Moraine landforms and hydrology are maintained as
described in section 7.10.2. One can see this through the conservation of drainage on the site
and setback of ecological features and functions within the Walker’s Creek corridor for example.
Our EIS and MP are the accepted vehicles to implement enhancement/restoration initiatives and
are consistent with Town encouraged initiatives that restore degraded ecosystems throughout the
municipality (S. 3.1.4.13, p. 3-8 and S.3.1.5.3.3, 3.1.5.3.4) and direction of the TRCA based upon
other enhancement plans.
Performance Measures, namely mitigation, are also guided by our EIS and MP consistent with
Section 3.1.5.1.
14 Ronell Crescent, Collingwood ON
www.splconsultants.ca
Tel:705-445-0064 Mobile: 519 378 5311
Email: lsober@splconsultants.ca
The draft plan of subdivision situates proposed development outside of staked features with
appropriate setbacks to maintain significant ecological features and functions.
14 Ronell Crescent, Collingwood ON
www.splconsultants.ca
Tel:705-445-0064 Mobile: 519 378 5311
Email: lsober@splconsultants.ca