This opinion came from one of our readers and perhaps some of you may want to comment

The requirements of the ORMCP are being avoided by the Municipality of Alnwick/Haldimand (Northumberland County) without the Ministry of the Environment MOE, Ministry of Natural Resources MNR, or the Ministry of Municipal Affairs and Housing MMAH considering it to be their responsibility.

In short, the Moraine regulations (Oak Ridges Moraine Conservation Plan 2001, the blue book) state that: Key Natural Heritage Features (KNHF) are protected by a 30-metre (Minimum Vegetation Protection Zone) and 120-metre zone (Minimum Area of Influence). The municipality is constructing a 16 foot wide and 400 foot long access road through - not near or around - a KNHF (tallgrass savannah) within the Salt Creek Area of Natural and Scientific Interest (also a KNHF), in the Core Area of the Moraine. All tallgrass savannah trees and shrubs have been removed and all rare tallgrass flora have been mowed. In the regulations it states that any KNHF requires an application and a Natural Heritage Evaluation (Section 23) to be carried out before it is disturbed. See Section 22 and Section 41 of the Oak Ridges Moraine Conservation Plan Regulation blue book (www.mah.gov.on.ca). This did not take place.

Section 22 Item (3) An application for development or site alteration with respect to land within the minimum area of influence that relates to a key natural heritage feature, but zone, shall be accompanied by a natural heritage evaluation under section 23.

[Catch 22 and the runaround setup]
The MOE contends that they can only enforce an Environmental Assessment to be completed if the soil is moved or a hard surface is used. The MMAH contends that it is a municipal problem not a provincial one. The MNR contends that it cannot proceed without being asked by the MMAH.

The crux of the matter is that a Natural Heritage Evaluation, (which concentrates on Key Natural Heritage Features such as tallgrass savannah) is apparently only triggered by an Environmental Assessment.

The MOE states it does not have the expertise to deal with the KNHF of tallgrass savannah, and maintain that their responsibility stops at requiring an EA (for soil movement or the laying of a hard surface). Examination of anything in the ORMCP categories (Key Natural Heritage Features) is not their responsibility. As mentioned above, a Natural Heritage Evaluation is only triggered after an Environmental Assessment (EA) is required. Catch 22?

The Natural Heritage Evaluation is the only vehicle of the law that enforces the protection of these KNHF, and this is being circumvented by the municipality, who have now drawn back from applying a hard surface (to avoid the EA) and who are continuing to mow the tallgrass prairie remnant. This will result in its destruction and the loss of a rare and priceless seed bank.

The logical conclusion is that any municipality may destroy any of the Moraine’s Key Natural Heritage Features (Page 58 of the ORMCP: wetlands, habitat of rare and threatened species, ANSI’s, significant valleylands, woodlands, significant wildlife habitat, savannahs and tallgrass prairies, etc.) so long as it doesn’t move the soil or lay down a hard surface, in which case, only then, would an Environmental Assessment be required, which in turn would, only then, trigger the Natural Heritage Evaluation, which is designed to protect the KNHF.

Several MNR studies and numerous biologists have documented this tallgrass remnant. Tallgrass prairie is one of the most endangered ecosystems in the world, more so than the tropical rainforests (Tallgrass Ontario www.tallgrassontario.org ). It is now only found in small disjointed remnants.

This is only a brief summary, but it should be obvious that this is a procedure by which any municipality can avoid the Table of KNHF and the protection of these Key Natural Heritage Features under the ORMCP. If permitted by the municipality of Alnwick/Haldimand, this will create a dangerous precedent. This municipality has been very vocal in its opposition to the ORMCP because of its restrictions on development and aggregate extraction, etc. I would be very interested in your opinion and feel that this deserves to be brought up in the legislature before the entire plan is circumvented in this way.