Court File No. CV-17-586126-00CL
ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST)
B E T W E E N:
KAWARTHA CREDIT UNION LIMITED
Applicant
- and -
2373687 ONTARIO INC.
Respondent
APPLICATION UNDER section 243 of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended, and under section 101 of the Courts of Justice Act, R.S.O. 1990, c. C.43
MOTION RECORD OF THE RECEIVER (VOLUME II OF V) (returnable June 6, 2019)
June 5, 2019 BLANEY MCMURTRY LLP Barristers & Solicitors 2 Queen Street East, Suite 1500 Toronto ON M5C 3G5
Eric Golden (LSUC #38239M) (416) 593-3927 (Tel) (416) 596-2049 (Fax) Email: [email protected]
Chad Kopach (LSUC #48084G) (416) 593-2985 (Tel) (416) 594-5095 (Fax) Email: [email protected]
Lawyers for Kawartha Credit Union Limited and The Fuller Landau Group Inc.
TO: SERVICE LIST
Court File No. CV-17-586126-00CL
ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST)
B E T W E E N:
KAWARTHA CREDIT UNION LIMITED
Applicant
- and -
2373687 ONTARIO INC.
Respondent
APPLICATION UNDER section 243 of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended, and under section 101 of the Courts of Justice Act, R.S.O. 1990, c. C.43
I N D E X
Tab Pages
1. Notice of Motion returnable June 6, 2019 ...... 1-9
2. Second Report of The Fuller Landau Group Inc. dated June 4, 2019 ...... 10-45
A. Appendix “A” - Receivership Order of Justice Conway dated December 15, 2017 ...... 46-67
B. Appendix “B” - First Report of the Receiver dated April 12, 2018 (without appendices) ...... 68-91
C. Appendix “C” - Supplement to the First Report of the Receiver dated May 28, 2018 (without appendices) ...... 92-96
D. Appendix “D” - Approval Order of Justice Pattillo dated May 30, 2018 ...... 97-110
E. Appendix “E” - Affidavit of Steven McGlennon sworn November 22, 2017 (without exhibits) ...... 111-142
F. Appendix “F” - Pinchin Appointment Letter dated June 2, 2018 ...... 143-146 -2-
G. Appendix “G” - MOECC letter dated February 2015 and Conservation Authority Letters dated January and March 2014 ...... 147-153
H. Appendix “H” – Pinchin Initial Site Plan material dated August 2018 ...... 154-422
I. Appendix “I” - Septic Field Approval ...... 423-432
J. Appendix “J” - Email from the City regarding preliminary review of the Initial Design dated October 12, 2018 ...... 433-437
K. Appendix “K” - Summary of Pinchin conference call with the City, Conservation Authority and the MOECC dated November 15, 2018 ...... 438-443
L. Appendix “L” - Aerial Photograph of Trailer Park ...... 444-445
M. Appendix “M” - Environmental Study prepared by Beacon Environmental dated May 2019 ...... 446-462
N. Appendix “N” - Pinchin Geotech Study ...... 463-473
O. Appendix “O” - Pinchin’s revised Site Plan material dated May 2019 ...... 474-848
P. Appendix “P” - Onsite Sewage Disposal Site Inspection Report ...... 849-858
Q. Appendix “Q” - Pinchin’s Inspection Report Response and Course of Action... 859-888
R. Appendix “R” - Environmental Consulting Services Agent ...... 889-903
S. Appendix “S” - Tender Invitation ...... 904-1046
T. Appendix “T” - Gibson Environmental Ltd. Lien Discharge and Dismissal Order ...... 1047-1052
U. Appendix “U” - Statement of Receipts and Disbursements for the Period December 15, 2017 to April 30, 2019 ...... 1053-1054
V. Appendix “V” - Fee Affidavit of Gary Abrahamson sworn May 29, 2019 ...... 1055-1132
W. Appendix “W” - Fee Affidavit of Chad Kopach sworn June 4, 2019 ...... 1133-1252 154
Appendix “H” 155
August 22, 2018
Development Services - Planning Division City of Kawartha Lakes E-mail: [email protected] 180 Kent Street West Lindsay, Ontario K9V 2Y6
Attention: Richard Holy, MCIP, RPP Manager of Planning
Re: Site Plan Application: Mariposa Creek Estates 790 Elm Tree Road, Little Britain, Ontario Pinchin File: 219712
Pinchin Ltd. (Pinchin) on behalf of The Fuller Landau Group Inc.’s please to submit the attached Site Plan Application and supporting documentation to Development Services - Planning Division City of Kawartha Lakes, for the Mariposa Creek Estates Resort located at 790 Elm Tree Road, Little Britain, Ontario (Site).
Should you have any questions or concerns regarding the contents of this letter, please contact the undersigned.
Yours truly,
Pinchin Ltd.
Prepared by:
Ian Hutcheson, P.Eng. Senior Project Manager 905.363.1325 [email protected]
Enclosed: Tab 1: Site Plan Application Tab 2: Site Plan Drawings Tab 3: Sanitary Sewer Design Sheet Tab 4: Stormwater Management Brie
\\pinchin.com\Miss\Job\219000s\0219712.000 BlaneyMcMurtry,790ElmTreeRoad,ERC,WATER\Deliverables\Site Plan Application\219712 - Mariposa Creek Site Plan Application 790 Elm Tree Road, Little Britain Fuller Landau August 21, 2018.docx
Template: Master Letter Template, December 13, 2017\
Pinchin Ltd. 2470 Milltower Court, Mississauga, ON L5N 7W5 www.pinchin.com Page 1 of 1 156
Tab 1 Site Plan Application 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187
Tab 2 Site Plan Drawings
188 189 190 191 192 193 194 195 196
Tab 3 Sanitary Sewer Design Sheet 197
SANITARY SEWER DESIGN SHEET
Engineering & Corporate Assets P = population DATE:Aug. 16, 2018 FILE No.: 219712 Department DESIGNED: PROJECT: City of Kawartha Lakes q = average per capita daily flow 450 L/cap.d M = peaking factor (Harmon) IZH Mariposa Creek Estates 12 Peel Street c = unit of commercial/institutional flow 28.00 m3/ha.d P = p x # units / 1000 CHECKED: PW Lindsay, ON K9V 5R8 1/2 Tel: (705) 324-9411 ic = unit of peak commercial/institutional extraneous flow 0.26 L/ha.s M = 1 + 14 / (4 + P ) , maximum of 4.0, minimum of 2.0 Toll Free: 1-888-822-2225 p = unit of population density 2.30 ppu Q = (P x q x M) / 86.4 M Min = 1.5 Q(p) = peak population flow (L/s) M Max = 3.8 SHEET No.: Q(i) = i x A = peak extraneous flow (L/s) Q(c) = c x A = peak commercial flow (L/s) 1 OF 1 86400 Q(d) = Q(p) + Q(i) = peak design flow (L/s)
LOCATION INDIVIDUAL CUMULATIVE PROPOSED SANITARY SEWER No. COM./INST. COM./INST. TOTAL PEAKING POPULATION CUMULATIVE COM./INST. PEAK EXTRANEOUS PEAK DESIGN PIPE SIZE FULL FLOW ACTUAL FROM TO RESIDENTIAL RES. AREA AREA RES. AREA AREA AREA FACTOR FLOW, Q(p) FLOWS FLOW, Q(i) FLOW, Q(d) LENGTH DIAMETER GRADE CAPACITY VELOCITY VELOCITY PERCENT STREET MH MH UNITS POP (ha) (ha) POP (ha) (ha) (ha) (M) (L/s) (L/s) (L/s) (L/s) (m) (mm) (%) MANNING'S n (L/s) (m/s) (m/s) FULL Phase I Street A (1,3,5,7,9) CO MH1 S.Inv 5 11.5 0.37 0.00 11.50 0.37 0.00 0.37 3.80 0.228 0.000 0.097 0.325 71.1 150 1.10% 0.013 16.0 0.90 0.36 2.0% Street A (11,13,15,17,19) MH1 N.Inv MH2 S.Inv 5 11.5 0.32 0.00 23.00 0.69 0.00 0.69 3.80 0.455 0.000 0.180 0.635 70.4 150 0.55% 0.013 11.3 0.64 0.34 5.6% Street A (21,23,25,27) MH2. N.Inv MH3 S.Iinv 4 9.2 0.32 0.00 32.20 1.01 0.00 1.01 3.80 0.637 0.000 0.263 0.901 70.5 150 0.55% 0.013 11.3 0.64 0.37 8.0% Street A (29,31,33,35,37) MH3 N.Inv MH4 S.Inv 5 11.5 0.34 0.00 43.70 1.35 0.00 1.35 3.80 0.865 0.000 0.352 1.217 71.1 150 0.55% 0.013 11.3 0.64 0.40 10.8% Street A (39) DW39 MH4 N.Inv 1 2.3 0.21 0.00 2.30 0.21 0.00 0.21 3.80 0.046 0.000 0.053 0.099 30.3 150 1.70% 0.013 19.9 1.12 0.31 0.5% Street A-B (1,2,3,4,5,6,7,8) CO MH9 S.Inv 8 18.4 0.62 0.00 18.40 0.62 0.00 0.62 3.80 0.364 0.000 0.162 0.526 71.4 150 1.10% 0.013 16.0 0.90 0.41 3.3% Street A-B (9,10,11,12,13,14) MH9. N.Inv MH10 S.Inv 6 13.8 0.51 0.00 32.20 1.13 0.00 1.13 3.80 0.637 0.000 0.294 0.931 71.7 150 0.55% 0.013 11.3 0.64 0.37 8.2% Street A-B (15,16,17,18,19,20) MH10. N.Inv MH11 S.Inv 6 13.8 0.51 0.00 46.00 1.64 0.00 1.64 3.80 0.910 0.000 0.425 1.336 71.7 150 0.55% 0.013 11.3 0.64 0.41 11.8% Street A-B (21,22,23,24,25,26) MH11 N.Inv MH5 S.Inv 6 13.8 0.61 0.00 59.80 2.25 0.00 2.25 3.80 1.184 0.000 0.585 1.768 66.4 150 0.55% 0.013 11.3 0.64 0.45 15.7% Street A-B (28) MH5 W.Inv MH4 E.Inv 1 2.3 0.11 0.00 62.10 2.36 0.00 2.36 3.80 1.229 0.000 0.613 1.842 40.0 150 0.50% 0.013 10.8 0.61 0.43 17.1% Street B-C(1,2,3,4,5,6,7,8,9,10,11,12) CO MH12 S.Inv 12 27.6 0.72 0.00 27.60 0.72 0.00 0.72 3.80 0.546 0.000 0.187 0.733 84.4 150 1.10% 0.013 16.0 0.90 0.45 4.6% Street B-C(13,14,15,16,17,18,19,20,21,23) MH12. N.Inv MH13 S.Inv 10 23 0.60 0.00 50.60 1.32 0.00 1.32 3.80 1.001 0.000 0.344 1.345 89.7 150 0.55% 0.013 11.3 0.64 0.41 11.9% Street B-C(22,24,25,26,27,28,29,31,33,35) MH13. N.Inv MH6 S.Inv 10 23 0.64 0.00 73.60 1.96 0.00 1.96 3.80 1.457 0.000 0.509 1.965 83.8 150 0.55% 0.013 11.3 0.64 0.46 17.4% Forcemain MH4 E.Inv MH6 W.Inv 0 0 0.00 0.00 108.10 3.91 0.00 3.91 3.80 2.139 0.000 1.018 3.157 117.9 50 0.55% 0.013 3.2 0.31 0.31 100.0% Street B-C MH6 E.Inv MH8 W.Inv 79 181.7 0.00 0.00 181.70 5.87 0.00 5.87 3.80 3.596 0.000 1.526 5.123 40.7 200 1.89% 0.013 45.0 1.43 0.92 11.4% Street D (1,3) CO MH14 W.Inv 2 4.6 0.12 0.00 4.60 0.12 0.00 0.12 3.80 0.091 0.000 0.031 0.122 25.4 150 1.10% 0.013 16.0 0.90 0.28 0.8% Street D (7,9,11,13,15,17) MH14 E.Inv MH15 W.Inv 6 13.8 0.32 0.00 18.40 0.44 0.00 0.44 3.80 0.364 0.000 0.116 0.480 88.8 150 0.53% 0.013 11.0 0.62 0.31 4.3% Street D (19,21,23,25) MH15 E.Inv MH16 W.Inv 4 9.2 0.38 0.00 27.60 0.83 0.00 0.83 3.80 0.546 0.000 0.215 0.761 88.4 150 0.55% 0.013 11.3 0.64 0.35 6.7% Street E (39,41,43) CO MH17 E.Inv 4 9.2 0.20 0.00 9.20 8.24 0.00 8.24 3.80 0.182 0.000 2.144 2.326 50.3 150 2.00% 0.013 21.5 1.22 0.77 10.8% Street E (27,29,31,33,35,37,39,41,43) MH17 W.Inv MH16 E.Inv 5 11.5 0.32 0.00 20.70 0.32 0.00 0.32 3.80 0.410 0.000 0.082 0.492 88.9 150 0.60% 0.013 11.8 0.67 0.33 4.2% Street C MH16 S.Inv MH8 N.Inv 21 48.3 0.00 0.00 48.30 1.14 0.00 1.14 3.80 0.956 0.000 0.297 1.253 28.8 150 0.55% 0.013 11.3 0.64 0.41 11.1% Street C-F MH8 E.Inv P.H 0 0 0.00 0.00 230.00 7.01 0.00 7.01 3.80 4.552 0.000 1.823 6.375 7.1 150 0.50% 0.013 10.8 0.61 0.61 59.2%
J:\219000s\0219712.000 BlaneyMcMurtry,790ElmTreeRoad,ERC,WATER\Deliverables\Site Plan Application\219712 - Mariposa - Sanitary Sewer Design Sheet (8-06-18) Prepared by City of Kawartha Lakes Engineering 198
Tab 4 Stormwater Management Brie
199
August 21, 2018
Fuller Landau Group Inc. E-mail: [email protected] 151 Bloor Street West, 12th Floor Toronto, ON M5S 1S4
Attention: Gary Abrahamson President
Re: Stormwater Management Brief 790 Elm Tree Road, Little Britain, Ontario Pinchin File: 219712
1.0 BACKGROUND
1.1 Site History
Mariposa Creek Estates is a modular home community located at 790 Elm Tree Road, Little Britain, Ontario (Site).
The Site is currently under development and will ultimately be competed in three (3) phases. Each phase calls for the construction of 100 units, for a total of 300 units upon completion. Phase I of the development was initiated without Site Plan Approval from the City of Kawartha Lakes (City) and without an approved Environmental Compliance Approval (ECA) from the Ministry of the Environment, Conservation and Parks (MECP).
Various deficiencies were noted by the City in regards to the construction completed to date as part of Phase I.
The City of Kawartha Lakes (City) will not issue building permits for the remaining units under Phase I until Site Plan Approval is obtained.
1.2 Redevelopment
Pinchin Ltd. (Pinchin) has been retained by Fuller Landau Group Inc. to submit a Site Plan Approval Application to the City and an Environmental Compliance Approval (ECA) Application to the MECP.
After a review of the Site and available documentation, Pinchin is proposing to keep the existing layout and boundaries of the Site, but redesign the Drinking Water Distribution System and the Sanitary Collection System.
Pinchin Ltd. 2470 Milltower Court, Mississauga, ON L5N 7W5 www.pinchin.com Page 1 of 4 200 Stormwater Management Brief August 21, 2018 790 Elm Tree Road, Little Britain, Ontario Pinchin File: 219712 Fuller Landau Group Inc. FINAL
Pinchin is proposing to leave the Stormwater Management System unchanged, as it is not fully completed.
2.0 PREVIOUSLY COMPLETED WORK
2.1 May 2013 Kawartha Region Conservation Authority Comments
The revised Stormwater Management Report entitled “Mariposa Creek Estates Trailer Park, Stormwater Quantity and Quality Control Report” by M.J Davenport & Associates Ltd., dated February 2013 was submitted to the Kawartha Region Conservation Authority (KRCA) for comment and approval in regards to the proposed Stormwater Management System at the Site. On May 6, 2013, the KRCA provided a memo (May 2013 Memo) noting the following deficiencies to the City in regards to the Site:
• Inadequate information and assurance in regards to slope stability;
• Physical demarcation of some sort (e.g. rope fence) for the Scugog River and Mariposa Brook Provincial Significant Wetland needs to be present on-Site and all structures removed from this area. Vegetation should be restored in this area as well
A copy of the May 2013 Memo is included in Appendix I.
On May 27, 2013, Cambium Inc. (Cambium) prepared a letter (May 2013 Cambium Report) outlining how the Site is addressing the KRCA’s concerns in regards to encroachment into the Scugog River and Mariposa Brook Provincial Significant Wetland.
A copy of the May 2013 Cambium Report is included in Appendix I.
On June 6, 2013, Cambium prepared a report (June 2013 Cambium Report) addressing the slope stability concerns at the Site.
A copy of the June 2013 Cambium Report is included in Appendix I.
2.2 November 2013 Kawartha Region Conservation Authority Comments
On November 7, 2013, the KRCA provided a memo (November 2013 Memo) noting that the concerns in the May 2013 Memo were addressed, but that:
• Additional detail is required to determine the validity of the slope stability study conducted on the Phase II development area and how it specifically applies to the existing trailers located on the Phase I development area;
• A revised site plan is required to clearly illustrate the existing top of bank, as well as the appropriate Erosion Control Setback; and
© 2018 Pinchin Ltd. Page 2 of 4 201 Stormwater Management Brief August 21, 2018 790 Elm Tree Road, Little Britain, Ontario Pinchin File: 219712 Fuller Landau Group Inc. FINAL
• The applicant should consider permanent landscaping features along the western boundary of Phase I to ensure encroachment is restricted.
A copy of the November 2013 Memo is included in Appendix I.
2.3 January 2014 Kawartha Region Conservation Authority Comments
On January 15, 2014, the KRCA provided a memo (January 2014 Memo) noting that the concerns in the November 2014 Memo were addressed.
A copy of the January 2014 Memo and the revised Site Plan are included in Appendix I. These indicate that the existing units meet the setback requirements.
2.4 March 2014 Kawartha Region Conservation Authority Comments
The revised Stormwater Management Report entitled “Mariposa Creek Estates Trailer Park, Stormwater Quantity and Quality Control Report” by M.J Davenport & Associates Ltd., dated January 2014 (Jan. 2014 Stormwater Management Report) was submitted to the KRCA for comment and approval in regards to the proposed Stormwater Management System at the Site for Phases I, II and III. On March 20, 2014, the KRCA provided a memo (March 2014 Memo) indicating that the KRCA is satisfied with the development of the proposed Stormwater Management System.
A copy of the March 2014 Memo is included in Appendix I.
A copy of the Jan. 2014 Stormwater Management Report is included in Appendix II.
3.0 PROPOSED STORMWATER MANAGEMENT SYSTEM
Pinchin intends to implement the design proposed in the Jan. 2014 Stormwater Management Report.
The Jan. 2014 Stormwater Management Report, and Drawing No.’s 4175-SW2 and 4175-SW3 in Appendix III detail the design of the proposed Stormwater Management System over all three (3) Phases.
Should you have any questions or concerns regarding the contents of this letter, please contact the undersigned.
© 2018 Pinchin Ltd. Page 3 of 4 202 Stormwater Management Brief August 21, 2018 790 Elm Tree Road, Little Britain, Ontario Pinchin File: 219712 Fuller Landau Group Inc. FINAL
Yours truly,
Pinchin Ltd.
Prepared by: Reviewed by:
Ian Hutcheson, P.Eng. Matthew Lymburner, B.Sc., C.Tech., EPt Senior Project Manager Project Manager 905.363.1325 905.363.1456 [email protected] [email protected]
Encl.: Appendix I - KRCA Memos and Cambium Reports (7 Documents) Appendix II - Stormwater Management Report (1 Document) Appendix III - Stormwater Management Drawings (2 Drawings)
\\pinchin.com\Miss\Job\219000s\0219712.000 BlaneyMcMurtry,790ElmTreeRoad,ERC,WATER\Deliverables\Site Plan Application\Tab 4 - SWM Report\219712 - Mariposa Creek Stormwater Report 790 Elm Tree Road, Little Britain Fuller Landau August 21, 2018.docx
Template: Master Letter Template, December 13, 2017
© 2018 Pinchin Ltd. Page 4 of 4 203
APPENDIX I KRCA Memos and Cambium Reports
204 205 206 207 May 27, 2013
Mariposa Creek Developments LTD. 3501 Highway 7 Omemee, ON K0L 2W0
Attn: Mr. Al Robinson, Owner
Re: Summary of Fence Staking along West Development Boundary Address: Mariposa Creek Estates Development P.O. Box 325
52 Hunter Street East Cambium Reference: 1289-001
Peterborough, Ontario K9H 1G5 Dear Al,
Telephone: Cambium Inc. (Cambium) visited the Site on May 8, 2013 to stake the proposed location of the (705) 742.7900 rope fence that will visually demarcate the provincially significant wetland (PSW) boundary along (866) 217.7900 the west side of Phase 1 of the Mariposa Estates development (Site). The intent of the fence is Facsimile: to prevent campers from encroaching into the wetland area, or altering the vegetation or (705) 742.7907 landscape in this area through the storage of personal property or the erection of sheds or other www.cambium-env.com structures. The staking was completed in response to a letter issued by the Kawartha and Region Conservation Authority (KRCA) dated May 6, 2013, which requested that Cambium prepare a formal proposal to address the physical demarcation of the PSW boundary, the removal of structures from within the PSW boundary, and revegetation of areas that have been impacted by anthropogenic activity. Cambium has addressed these items within this letter.
The location of the rope fence will be along the PSW boundary, as proposed in correspondence to KRCA from Cambium, dated September 26, 2011. Correspondence from KRCA dated May 6, 2013 confirms that the location of the rope fence should be reflective of the PSW boundary initially delineated by Cambium. As such, on May 8, 2013, Cambium s biologist staked the wetland boundary to the north of the site access road toward the north to Street E, to demarcate the intended location of the rope fence. North of Street E, the rope fence will be installed along the forested edge immediately to the west of Lot 1. While at the Site, Cambium photographed the areas that have been altered within the wetland boundary, and recommendations are made herein to restore the wetland to its natural condition in these instances. Cambium has appended several photographs taken at the time of the Site visit to describe the conditions observed on May 8, 2013.
Observations within PSW Boundary Despite the presence of several structures (i.e. sheds) along the western boundary of the Site (Photo 1), none of the structures are actually located within the PSW boundary. One of the structures is tucked approximately 50% into the treeline, in an area of historical windfall/natural opening (Photo 2), but this location is outside of the PSW boundary. As such, no structures require removal or relocation.
1289-001 Page 1 208 May 27, 2013
The lot that contains the shed that is tucked 50% into the treeline has personal property stored/placed within the PSW boundary that should be removed. The materials consist of plastic trail markers and decorative ornaments, plastic tape (i.e. similar to caution tape) tied between several trees, and an artificial “graveyard” that appears to have been set up for Halloween (Photo 4). There are several wooden pallets that have been put into vernal pool areas, likely to act as makeshift bridges (Photo 5). All of these materials should be removed from within the PSW Address: boundary immediately, and no further activity of this kind should be permitted to occur. There is P.O. Box 325
52 Hunter Street East also a canoe stored roughly in line with the PSW boundary, which should be moved to Peterborough, Ontario immediately behind the shed or to an alternate location as preferred by the camper, outside of the K9H 1G5 PSW boundary. No further items were located within the PSW boundary. Campers should be
Telephone: encouraged to continue their effort to prevent alteration to the PSW area. For the most part, (705) 742.7900 apart from the single instance noted above, the wetland area appeared to be unaltered and in a (866) 217.7900 natural state.
Facsimile: The letter prepared by KRCA dated May 6, 2013, indicated that vegetation removal into the (705) 742.7907 wetland boundary is perceived to be occurring; however, Cambium did not observe any new www.cambium-env.com vegetation removal within the wetland boundary. At the treeline, there were several stumps observed, but none appear to be freshly cut (i.e. certainly more than 1-2 years old), and Mr. Robinson confirmed that those stumps are associated with several trees that were damaged in a wind storm during the summer of 2011 (Photo 6). Cambium did note that there is shrub regeneration taking place in several areas where the canopy was opened by the windfall, within the wetland boundary (Photo 7). Cambium did observe that deadfall had been collected and piled in several locations along/slightly within the wetland boundary; however, this natural material will not cause an adverse effect to the quality of function of the wetland, so removal of this material is not recommended. Cambium did advise Mr. Robinson that the campers should be encouraged not to collect deadfall from the wetland area, as this material contributes to the function and habitat value of the wetland.
Summary of Recommended Action Items Cambium recommends that the following be completed as soon as possible:
1. Install the rope fence along the PSW boundary, in accordance with the stakes placed on the Site on May 8, 2013.
2. Instruct the camper at Lot A17 to remove their personal effects from within the PSW boundary, as indicated by the position of the new fence. If there is a delay in the removal of the items, Cambium suggests that the items be removed and appropriately disposed of by the landowner.
3. Hold an information session, or distribute fliers to instruct campers not to store any items outside of the fenced area, nor to alter the landscape or vegetation along or within the treeline in any way.
1289-001 Page 2 209 May 27, 2013
4. The landowner should conduct regular inspections of the rope fence to ensure that campers are adhering to the intent of the fence.
Cambium trusts that this summary meets with the needs of the landowner and KRCA at this time. Please do not hesitate to contact the undersigned with any questions or comments.
Best regards,
Address:
P.O. Box 325 Cambium Environmental Inc.
52 Hunter Street East
Peterborough, Ontario K9H 1G5 Andrea Zavitz Coppins, B.E.S. Hons., Dipl., Project Coordinator Telephone:
(705) 742.7900 AZC/azc (866) 217.7900
Encl. Site Photographs Facsimile: P:\1200 to 1299\07-1289-001 Mariposa Creek- Al Robinson\Correspondence\2013-05-09 LTR Summary Fence Staking.docx (705) 742.7907
www.cambium-env.com
1289-001 Page 3 210 Summary of Fence Staking along West Development Boundary Mariposa Creek Estates Development Ref. No.: 1289-001 May 2013
Photo 1 Sheds located along western edge of development, outside of PSW boundary, May 2013
Photo 2 Shed tucked approximately 50% inside of treeline but outside of PSW boundary, May 2013
Cambium Environmental Inc. 211 Summary of Fence Staking along West Development Boundary Mariposa Creek Estates Development Ref. No.: 1289-001 May 2013
Photo 3 Shed at treeline relative to the PSW boundary as marked by the orange stake, May 2013
Photo 4 Personal property located within the PSW boundary that should be removed, May 2013
Cambium Environmental Inc. 212 Summary of Fence Staking along West Development Boundary Mariposa Creek Estates Development Ref. No.: 1289-001 May 2013
Photo 5 Pallets located in vernal pools that should be removed, May 2013
Photo 6 Most recent stumps from windfall along the treeline, May 2013
Cambium Environmental Inc. 213 Summary of Fence Staking along West Development Boundary Mariposa Creek Estates Development Ref. No.: 1289-001 May 2013
Photo 7 Shrub regeneration within an area of windfall along the PSW boundary as marked by the orange stake, May 2013
Photo 8 Typical layout of the PSW boundary/fence location, tucked slightly within the treeline, May 2013
Cambium Environmental Inc. 214 June 6, 2013
Mariposa Creek Developments LTD. 3501 Highway 7 Omemee, ON K0L 2W0
Attn: Mr. Al Robinson, Owner
Re: Slope Stability Assessment Environmental Mariposa Creek Estates Development, Phase I Cambium Reference: 1289-001 Planning
Geotechnical Dear Mr. Robinson, As requested, Cambium Inc. (Cambium) has completed a slope stability assessment to determine Material Testing the potential for immediate/sudden failure of the Mariposa Brook banks specifically within the
Building Sciences Phase I development area. This analysis requirement was identified by the Kawartha Region Conservation Authority (KRCA), as outlined in their May 6, 2013 letter to the City of Kawartha
Lakes titled ‘Site Plan Approval Application – D19-33-26 (revision 2), Part of Lots 9&10,
CONTACT US: Concession 3, Geographic Township of Ops, City of Kawartha Lakes, 790 Elm Tree Road’.
Telephone The purpose of the slope stability analysis was to assess the subsurface conditions in the Phase I (866) 217.7900
(705) 742.7900 development area, specifically within those lots fronting onto Mariposa Creek where the park Facsimile model recreational trailers are currently positioned within the limit of the erosion hazard, in order (705) 742.7907 to determine whether a reduced erosion hazard limit is acceptable to meet the requirements Website www.cambium-env.com outlined in the Ministry of Natural Resources (MNR) Technical Guide for River and Stream Systems (2002). To complete the analysis, a borehole investigation and laboratory testing PETERBOROUGH: program was undertaken to identify subsurface soil conditions within the Phase I development Head Office
P.O. Box 325 area, as shown on Figure 1. The results of the investigation and testing program were used to 52 Hunter Street East complete a number of slope stability scenarios using the Visual Slope v. 4.3.0 software package. Peterborough, Ontario
K9H 1G5 METHODOLOGY Material Testing Laboratory
P.O. Box 325 BOREHOLE INVESTIGATION 701 The Queensway Peterborough, Ontario A borehole investigation was conducted at the site on May 16, 2013 to assess subsurface K9J 7J6 conditions between the existing mobile residential units and Mariposa Creek. Two (2) boreholes,
BARRIE: designated at BH101-13 and BH102-13, were advanced within Lots 41 and 45, as shown on Office Figure 1 Four (4) hand auger holes, designated as HA103-13 through HA106-13, were advanced P.O. Box 31035 at the edge of the slope, on the water side of the existing silt fence. From this location, there is a Barrie, Ontario
L4N 9H0 fairly vertical drop of approximately 1.5 m to the water level below,
While Lots 21 through 39 are the sites of most concern regarding the position of the park model trailer within the limit of the erosion hazard, access was not available to these lots for the
1289-001 Page 1 215 June 6, 2013
borehole investigation. Therefore, the boreholes and hand auger holes were completed within and along the edge of the slope in front of lots 41 and 45, immediately adjacent to Lots 21 through 39, as shown on Figure 1. It has been assumed that the subsurface conditions observed at the borehole locations are typical of the subsurface conditions at the lots in question.
Boreholes 101-13 and BH102-13 were terminated at 4.5 m and 4.3 m depth, respectively, in very dense glacial till soils. The hand auger holes, HA103-13 through HA106-13, were terminated at Environmental depths ranging from 1.4 m to 2.6 m in dense soils. Planning Borehole drilling and sampling was completed using a track-mounted drill rig operating under the supervision of a Cambium technician. The boreholes were advanced to the sampling depths by Geotechnical means of continuous flight solid stem augers with 50 mm O.D. split spoon samplers. Standard Material Testing Penetration Test (SPT) N values were recorded for the sampled intervals as the number of blows required to drive a split-spoon sampler 305 mm into the soil, using a 63.5 kg drop hammer falling Building Sciences 750 mm, as per ASTM D1586 procedures. The SPT N values are used in this report to assess
consistency of cohesive soils and relative density of non-cohesive materials. Soil samples were collected at approximately 0.75 m intervals. CONTACT US: Telephone The hand auger holes were advanced to the termination depths by the Cambium technician. Soil (866) 217.7900 samples were collected at 0.30 m to 0.60 m intervals. (705) 742.7900 Facsimile The encountered soil units were logged in the field using visual and tactile methods, and samples (705) 742.7907 were placed in labelled plastic bags for transport, future reference, possible laboratory testing, Website www.cambium-env.com and storage. Open boreholes were checked for groundwater and general stability prior to backfilling. PETERBOROUGH:
Head Office The prepared borehole and hand auger hole logs are attached. Site soil and groundwater P.O. Box 325 conditions and the slope stability analysis and recommendations are presented in the following 52 Hunter Street East sections of this report. Peterborough, Ontario
K9H 1G5
LABORATORY TESTING
Material Testing Laboratory Laboratory soil testing included one (1) Particle Size Distribution Analysis (LS 702) and twenty- P.O. Box 325
701 The Queensway seven (27) Natural Moisture Content Analyses (LS 701). Results are attached and are Peterborough, Ontario summarized on the borehole logs and described in the subsequent sections of this report. K9J 7J6
BARRIE: SUBSURFACE CONDITIONS Office P.O. Box 31035 Boreholes BH101-13 and BH102-13 were advanced to a depth of 4.5 m and 4.3 m, respectively, Barrie, Ontario terminating in glacial till soils. Subsurface conditions at the borehole locations generally consist of L4N 9H0
topsoil overlying clayey sandy silt soils. Drilling was terminated in compact to very dense glacial till soils.
1289-001 Page 2 216 June 6, 2013
The hand auger holes were also terminated in dense soils at depths ranging from 1.4 m to 2.6 m below ground surface. Hand auger holes HA103-13 and HA104-13 encountered topsoil overlying sandy silt with some clay to clayey sandy silt soils while hand auger holes HA105-13 and HA106- 13 encountered a layer of sand to silty sand fill overlying sandy silt to silt soils.
Subsurface conditions are described in detail below.
Environmental TOPSOIL
Planning In boreholes BH101-13 and BH102-13 and hand auger holes HA103-13 and HA104-13, dark brown sandy silt to silt topsoil with a trace of organic material was encountered at the surface of Geotechnical the holes. The moist topsoil was 0.2 to 0.3 m thick.
Material Testing SAND FILL
Building Sciences Hand auger holes HA105-13 and HA106-13, a 1.0 m thick layer of sand to silty sand fill material was encountered at the surface of the holes. The fill material appears to be part of a berm
created close to the edge of the slope to the water to contain the silt material during future CONTACT US: construction. Telephone
(866) 217.7900 CLAYEY SANDY SILT TO SILT (705) 742.7900 Facsimile The most predominant soil observed during the drilling investigation was a clayey sandy silt to silt (705) 742.7907 soil with a trace of gravel, encountered in every test hole beneath the soils discussed above. The Website www.cambium-env.com clayey sandy silt to silt soil was generally light brown in colour, with greyish brown material observed in hand auger hole HA105-13. Organic material was observed in boreholes BH101-13 PETERBOROUGH: and BH102-13 in the upper 0.6 m to 1.3 m of the clayey sandy silt unit and throughout hand Head Office
P.O. Box 325 auger hole HA106-13. In boreholes BH101-13 and BH102-13 the clayey sandy silt soils extended 52 Hunter Street East to depths of 2.2 m to 2.8 m below ground surface while the remaining holes were terminated in Peterborough, Ontario the clayey sandy silt to silt soils, with drilling operations terminated due to dense material beneath K9H 1G5
the sandy silt to silt.
Material Testing Laboratory
P.O. Box 325 The clayey sandy silt to silt soils varied from moist to saturated (APL to WTPL) at the time of the 701 The Queensway investigation with saturated conditions observed in borehole BH101-13 at 3.2 m depth and in Peterborough, Ontario borehole BH102-13 below 2.1 m depth. Wet conditions were observed below 1.0 m depth in hand K9J 7J6
auger holes HA103-13 and HA104-13 while moist conditions were observed in hand auger holes BARRIE: HA105-13 and HA106-13.
Office
P.O. Box 31035 The SPT N values in the sandy silt to silt soils in boreholes BH101-13 and BH102-13 varied from Barrie, Ontario 9 to 17, indicating compact relative density. L4N 9H0
1289-001 Page 3 217 June 6, 2013
GLACIAL TILL
A light brown glacial till material was encountered in borehole BH101-13 from a depth of 2.8 m below ground surface and in BH102-13 at a depth of 2.2 m. The glacial till extended to the borehole termination depths of 4.5 m and 4.3 m respectively. The silt and sand glacial till soils also contained some gravel and clay were moist at the time of the investigation and have a compact to very dense relative density based on SPT N values of 10 to greater than 50. Environmental In borehole BH102-13, drilling was terminated on presumed glacial till soils at a depth of 4.3 m Planning below ground surface. The SPT N value at this depth was greater than 50, indicating material with a very dense relative density. Geotechnical A laboratory particle size distribution analysis was completed on one (1) sample of the glacial till Material Testing material taken from a depth of 3.0 m to 3.5 m below ground surface in borehole BH101-13. The
Building Sciences analysis results are provided in Appendix B and are summarized below based on the USCS. Gravel (greater than 4.75 mm size) 16 %
Sand (0.075 mm to 4.75 mm size) 35 % Silt (0.002 mm to 0.075 mm size) 37 % CONTACT US: Clay (less than 0.002 mm size) 12 % Telephone (866) 217.7900 GROUNDWATER
(705) 742.7900
Facsimile Soil samples from the boreholes were moist to saturated at the time of the investigation and the (705) 742.7907 natural moisture content of the samples ranged from 10 % to 52 % based on laboratory testing. In Website general, open borehole groundwater measurements and saturated soils generally corresponded www.cambium-env.com
with the elevation of Mariposa Creek. It is noted that groundwater levels in the Phase I area will PETERBOROUGH: be generally controlled by the creek level and will vary seasonally and in response to significant Head Office precipitation events. P.O. Box 325
52 Hunter Street East Peterborough, Ontario SLOPE STABILITY ANALYSIS K9H 1G5 Based on the results of the borehole investigation and laboratory testing, a slope stability analysis Material Testing Laboratory was completed using Visual Slope v. 4.3.0 to verify the Erosion Hazard Limit for the area that was P.O. Box 325
701 The Queensway proposed by Cambium in 2002 and to determine whether there is the potential for an Peterborough, Ontario immediate/sudden failure at the site. K9J 7J6 The cross-section of the slope and the location of the mobile residential units were taken from an BARRIE: existing topographical plan from one of Cambium’s previous reports for the site. Worst-case soil Office and groundwater values were used in the calculations and the loads from the residential units P.O. Box 31035
Barrie, Ontario were included in the analysis. The general slope profile and the worst-case building location are L4N 9H0 shown on the attached output from the slope stability analysis.
Slope stability analyses based on soil properties inferred from the borehole investigation indicate that the slope will be very stable against deep soil movement and near surface sloughing. Safety
1289-001 Page 4 218 June 6, 2013
factors against deeper rotational failures exceed 1.85. The results indicate that there is no potential for immediate/sudden failure and that the stable slope allowance for the site area can be assumed to be 2 horizontal to 1 vertical (2:1).
Based on the clay content of the soils from the borehole investigation and the lack of evidence of active erosion along the banks of the subject portion of Mariposa Creek, and in accordance with the Ministry of Natural Resources (MNR) Technical Guide for River and Stream Systems; Erosion Environmental Hazard Limit (2002), an 8 m erosion allowance is considered appropriate at the site. Using an 8 Planning m erosion allowance plus a 6 m access allowance and a 2:1 stable slope allowance, the erosion hazard limit in the Phase 1 area can be taken as 18 m. If any existing park model trailers are Geotechnical located within this erosion hazard limit, the potential for immediate/sudden failure is extremely low and it should be possible to move such trailers in the event that bank erosion is identified, without Material Testing risk of compromising the stability or safety of the units. Building Sciences CLOSURE
Cambium trusts that this slope stability assessment meets with the needs of the landowner and CONTACT US: KRCA at this time. Please do not hesitate to contact the undersigned with any questions or Telephone comments. (866) 217.7900 (705) 742.7900 Best regards, Facsimile (705) 742.7907 Cambium Inc. Website www.cambium-env.com
PETERBOROUGH:
Head Office Stuart Baird, P.Eng. P.O. Box 325 Senior Project Manager/Senior Geotechnical Engineer 52 Hunter Street East
Peterborough, Ontario
K9H 1G5 SEB/seb
Encl. Site Plan Material Testing Laboratory Borehole Logs P.O. Box 325 Visual Slope v. 4.3.0 output Laboratory test results 701 The Queensway Copies: 1 Peterborough, Ontario P:\1200 to 1299\07-1289-001 Mariposa Creek- Al Robinson\2013 Geotechnical\Deliverables\DRAFT - Slope Stability Report\2013-05-31 RPT Slope Stability Report.docx K9J 7J6
BARRIE:
Office
P.O. Box 31035
Barrie, Ontario
L4N 9H0
1289-001 Page 5 MARIPOSA219 CREEK MARIPOSA CREEK ESTATES Elm Tree Road Kawartha Lakes, Ontario
LEGEND
Borehole Location
HA104-13
HA103-13
HA105-13 BH102-13
HA106-13
P.O. Box 325, 52 Hunter Street East Peterborough, Ontario, K9H 1G5 Tel: (705) 742.7900 Fax: (705) 742.7907 www.cambium-env.com
SITE AND BOREHOLE LOCATION PLAN
Project No.: Date: June 2013 1289-001 Rev.: Scale: Projection: 0 5 10 15 20 25 1:1,000 Metres Created by: Checked by: Figure: NLB SEB 111 P.O. Box 325 BH101-13 52 Hunter Street East Log of Borehole: 220 Peterborough, Ontario, K9H 1G5 Page 1 of 1 T: 705-742-7900 www.cambium-env.com Client: Al Robinson Project Name: Mariposa Creek Project No.: 1289-001 Contractor: Eastern Drilling Method: Solid Stem / Split Sppon Date Completed: May 16, 2013 Location: Mariposa Creek UTM: ______Elevation: ______
SUBSURFACE PROFILE SAMPLE SPT (N)
% Moisture Well Description Installation Remarks Elevation (m) Depth Lithology Number Type % Recovery SPT (N) 755025 10 302040
0 0 Topsoil: Dark brown topsoil, moist
Clayey Sandy Silt: Brown clayey sandy silt, APL, stiff 1 AS
-1 1 3 SS 61 17
4 SS 72 17
-2 2
Groundwater at 2.3 m depth in open 5 SS 83 9 borehole on completion of drilling
Till: Light brown sandy silt, some -3 3 gravel and clay, moist, very dense
6 SS 78 80
-4 4
7 SS >50
Borehole terminated at 4.5 m depth in till
Logged By: S. Morris Input By: J. Wales P.O. Box 325 BH102-13 52 Hunter Street East Log of Borehole: 221 Peterborough, Ontario, K9H 1G5 Page 1 of 1 T: 705-742-7900 www.cambium-env.com Client: Al Robinson Project Name: Mariposa Creek Project No.: 1289-001 Contractor: Eastern Drilling Method: Solid Stem / Split Sppon Date Completed: May 16, 2013 Location: Mariposa Creek UTM: ______Elevation: ______
SUBSURFACE PROFILE SAMPLE SPT (N)
% Moisture Well Description Installation Remarks Elevation (m) Depth Lithology Number Type % Recovery SPT (N) 755025 10 302040
0 0 Topsoil: Dark brown topsoil, moist
Clayey Sandy Silt: Light brown clayey sandy silt, APL, stiff 1 AS
-1 1 3 SS 67 11
4 SS 64 11
-2 2
Sandy Silt: Light brown silt and sand Groundwater at 2.2 till,some gravel and clay, saturated, compact m depth on 5 SS 78 10 completion of drilling
-3 3
6 SS 61 17
-4 4
7 SS >50 Borehole caved at 4.3 m depth Borehole terminated at 4.3 m depth on presumed dense till
Logged By: S. Morris Input By: J. Wales P.O. Box 325 HA103-13 52 Hunter Street East Log of Borehole: 222 Peterborough, Ontario, K9H 1G5 Page 1 of 1 T: 705-742-7900 www.cambium-env.com Client: Al Robinson Project Name: Mariposa Creek Project No.: 1289-001 Contractor: Eastern Drilling Method: Hand Auger Date Completed: May 16, 2013 Location: Mariposa Creek UTM: ______Elevation: ______
SUBSURFACE PROFILE SAMPLE SPT (N)
% Moisture Well Description Installation Remarks Elevation (m) Depth Lithology Number Type % Recovery SPT (N) 755025 10 302040
0 0 Topsoil: Dark brown sandy silt 1 HA topsoil, trace silt, moist
Sandy Silt: Light brown sandy silt, 2 HA some clay, APL
3 HA
-1 1
Sandy Silt: Light brown sandy silt, some gravel, wet 4 HA
Hand auger hole terminated at 1.4 m depth in sandy silt and gravel
-2 2
-3 3
-4 4
Logged By: S. Morris Input By: J. Wales P.O. Box 325 HA104-13 52 Hunter Street East Log of Borehole: 223 Peterborough, Ontario, K9H 1G5 Page 1 of 1 T: 705-742-7900 www.cambium-env.com Client: Al Robinson Project Name: Mariposa Creek Project No.: 1289-001 Contractor: Eastern Drilling Method: Hand Auger Date Completed: May 16, 2013 Location: Mariposa Creek UTM: ______Elevation: ______
SUBSURFACE PROFILE SAMPLE SPT (N)
% Moisture Well Description Installation Remarks Elevation (m) Depth Lithology Number Type % Recovery SPT (N) 755025 10 302040
0 0 Topsoil: Dark brown sandy silt 1 HA topsoil, trace organics, moist
Clayey Sandy Silt: Light brown clayey sandy silt, APL
2 HA
-1 1 Silt: Light brown silt, wet Groundwater 3 HA encountered at 1.2 m depth Hand auger hole terminated at 1.4 m depth in silt
-2 2
-3 3
-4 4
Logged By: S. Morris Input By: J. Wales P.O. Box 325 HA105-13 52 Hunter Street East Log of Borehole: 224 Peterborough, Ontario, K9H 1G5 Page 1 of 1 T: 705-742-7900 www.cambium-env.com Client: Al Robinson Project Name: Mariposa Creek Project No.: 1289-001 Contractor: Eastern Drilling Method: Hand Auger Date Completed: May 16, 2013 Location: Mariposa Creek UTM: ______Elevation: ______
SUBSURFACE PROFILE SAMPLE SPT (N)
% Moisture Well Description Installation Remarks Elevation (m) Depth Lithology Number Type % Recovery SPT (N) 755025 10 302040
0 0 Topsoil: Dark brown silt sand 1 HA topsoil, trace organics, moist
Sand: Light brown fine sand, trace organics, moist
2 HA
-1 1 Sandy Silt: Light brown sandy silt, some clay, APL 3 HA
4 HA
Silt: Greyish brown silt, moist 5 HA -2 2
Sandy Silt: Greyish brown sandy silt, 6 HA trace gravel, moist
Hand auger hole terminated at 2.6 m depth in sandy silt -3 3
-4 4
Logged By: S. Morris Input By: J. Wales P.O. Box 325 HA106-13 52 Hunter Street East Log of Borehole: 225 Peterborough, Ontario, K9H 1G5 Page 1 of 1 T: 705-742-7900 www.cambium-env.com Client: Al Robinson Project Name: Mariposa Creek Project No.: 1289-001 Contractor: Eastern Drilling Method: Hand Auger Date Completed: May 16, 2013 Location: Mariposa Creek UTM: ______Elevation: ______
SUBSURFACE PROFILE SAMPLE SPT (N)
% Moisture Well Description Installation Remarks Elevation (m) Depth Lithology Number Type % Recovery SPT (N) 755025 10 302040
0 0 Sand: Dark brown fine sand, trace 1 HA organics, moist
Silty Sand: Light brown silty sand, some clay, APL
2 HA
-1 1 Sandy Silt: Light brown sandy silt, trace organics, moist 3 HA
Silt: Light brown silt, trace organics, APL 4 HA -2 2
Groundwater encountered at 2.1 Hand auger hole terminated at 2.3 m depth m depth in silt
-3 3
-4 4
Logged By: S. Morris Input By: J. Wales Mariposa Creek Estates 226 1289-001 m Soil Total Saturated Cohesion Friction Piezom. Kx Ky Type Unit Wt. Unit Wt. Intercept Angle Surface 275 KN/m3 KN/m3 KN/m2 deg No. m/s m/s Clayey Sandy Silt 19.0 21.0 5.0 30.0 1 FS Till 21.0 22.0 5.0 34.0 1
1.87-2.37
270 2.37-2.86
2.86-3.36 3.36-3.85
265 3.85-4.34
4.34-4.84 4.84-5.33 260
255
51. KN/m/m Clayey Sandy Silt
W 250
Till
245
240 0 5 10 15 20 25 30 35 40 45 50 55 60 m
FSmin = 1.872 Calculated With Modified Bishop Method (Allowable Strength Method Used)
User Name: stuart_baird C:\\Users\\stuart_baird\\Documents\\Projects 2013\\Mariposa\\Borehole Logs\\mariposa.slp 5/30/2013 227
Grain Size Distribution Chart
Client: Al Robinson Project No.: 07-1289-001
Project: Mariposa Creek Hole No.: BH102-13
Sample No.: 6 (Lab No. S-13-055) Depth: 10.0 - 11.5'
Sampled By: Cambium Inc. Date: May 17, 2013
UNIFIED SOIL CLASSIFICATION SYSTEM SAND (<4.75 to 0.075mm) GRAVEL (>4.75mm) CLAY & SILT (<0.075mm) FINE MEDIUM COARSE FINE COARSE
100 0
90 10
80 20
70 30
60 40
50 50 PERCENT RETAINED PERCENT PASSING
40 60
30 70
20 80
10 90
0 100 0.001 0.01 0.1 1 10 100
DIAMETER (mm)
VERY FINE MEDIUM FINE COARSE FINE CLAY SILT GRAVEL GRAVEL SAND U.S. BUREAU OF SOILS CLASSIFICATION
Borehole No. Sample No. Depth Gravel Sand Silt Clay Moisture BH102-13 6 (Lab No. S-13-055) 10.0 - 11.5' 16 35 49 10.4
Description Classification D60 D30 D10 Cu Cc TILL - SAND & SILT some gravel CL 0.220 0.100 0.002 -- --
Form LS-702 228 229 230 231 232 233 234 235 236
APPENDIX II Stormwater Management Report
237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274
Ill3SVHd iTasvHd
.. FACILITY i
WORKSHOP, i
S go / § CO m
Onucx)QnQur;r)Qunoa-)UQouQo c O ^"1 =JUJ i|Q TrmimTnTnT" lijCO =1 5 5 d < O W o U- It z O 0- ''n,.,5I-' i;i1 / ii HI? It! .i "sis 275 MARIPOSA nEW9e> LOT LAYOUT 0117.0 BENCHMARKS (tog- ras HI .gpg 26 ^ BM1 ELEV. 253.977 MSL.—1 ijHc»oeH)Fi.TdR«f*»»(a6E_^ j TOPOFKALMEASTSOEOFKIOnOPOLELOCAIBIAITnOX 35 O^ALONOMWI 0 4I S-aW2)^S^ | MORTHWEST OP OOUTHWESr CORNER OP are THAN 90 DAYS SHALL B6 SEEDS)OH BM 2 ELEV. 256.876 33 " 1 TOP OP NAL M BAST ace OP KIOAO rOl£ LOCATED APmOX 35 WAT® PUMP HOUSE 32 ^ 31 BM3 ELEV. 253.182 n /\ 30 29 ACTMTB00 NOT OCCU)VHmm THE BM 4 ELEV. 251.579 TOP OP MAL N TflEE LOCATED APmoX Bm MORIH OP MOBTHiAST [ 28 g 27 CORNER OP ARE (PONT'«f) N39BOEKr THR)PARTY PAD FOR BY T>€ SSOcmlHCKBCOl TBM1 ELEV. 254.330 TOP OP WOOOe^ STAKE UAHKED "HUB-A* tOCATH> ATPnOX. 30m fUM»AU.eVSTTB AID UMABCANCE 26 25 rcoi»®TOFsnE saOfniU CXBOOTTOM norfji WBCCn-ATE O LEGEND 1 24 aeOMDet AW MCnGD TO T>C 03 " Si Hi 22 1 21 hE 12 i] 1 20 19 ntST TWO YEARS OF OPSUT10N 18 17 yAY^I WALKWAY 1 WALH WAY Walmway -- ■ ■15 1 a AN AIMUALMAMTBIANCe REPORT SHOUD 6 14 ^ \n 1 ,2 T>CiJLETAWOmETB f,! ® - EVDeCEOFSPUJSAW ,1 1 13 .lOWL mBEBTM m to 9 TTtOPOSEO OOueiE PftOTECTKM FOtUOWMOTEAa ! B i 7 ' _iow_ (M 6 t 5 MARIPOSA CREEK ESTATES PART OF W1/2 LOT9 AND ALL OF E1/2 LOTS 1 ^ ll 3 a + 9 CONCESSION Q ALL OF W1/2 LOT 9 AND PART OF E1/2 _200X, LOTS 9 + 10 CONCESSION U i"^ 2 J® ' TOWNSHIP OF OPS OTY OF KAWARTHA LAKES ?k 1 V, - ^ RHASEI a« mm-, STREET ^ ^ ^ ^ ism as7M j SEDIMENT AND EROSION ■■■ I I ^ I I .f> I I I II I I I » r-^- r- CONTROL PLAN \ MM DAVENPORT CJ MM DAVE»>OnT ^_.^-FlRE 5._ DET. lUONDAA jL-T-H3flY I lYC ^ANT 'iji/ 4175-EC1 276 APPENDIX III Stormwater Management Drawings 277 278 279 CONFIDENTIAL Release of this document or any information contained within is subject to the Freedom of Information and Protection of Privacy Act (FIPPA) FINAL Application for an Environmental Compliance Approval 2373687 Ontario Inc. 790 Elm Tree Road Little Britain, Ontario K0M 2C0 Submitted To: Environmental Approvals Access and Services Integration Branch Ministry of the Environment and Climate Change 2 St. Clair Ave. W., Floor 12A Toronto, ON M4V 1L5 August 23, 2018 Pinchin File: 219712 ©2018 Pinchin Ltd. 280 Application for an Environmental Compliance Approval August 23, 2018 790 Elm Tree Road, Little Britain, Ontario Pinchin File: 219712 2373687 Ontario Inc. FINAL TABLE OF CONTENTS ABSTRACT Tab 1 Environmental Compliance Approval Application Tab 2 Confidentiality Rationale Tab 3 Verification of Legal Name Tab 4 Scaled Area Location Plan Tab 5 Sewage Works Design Brief ©2018 Pinchin Ltd. Page ii 281 Application for an Environmental Compliance Approval August 23, 2018 790 Elm Tree Road, Little Britain, Ontario Pinchin File: 219712 2373687 Ontario Inc. FINAL ABSTRACT 2373687 Ontario Inc. (2373687 Ontario) owns Mariposa Creek Estates, a modular home community located at 790 Elm Tree Road (Site) The Site is situated on Tourist Commercial Exception One (CT-1) Zoned Lands, and is surrounded by Environmental Protection Zone, Aggregate Protection Zone and Tourist Commercial Zoned Lands. The zoning supports the operations at the Site Operations at the Site are covered by NAICS code 531190 – Lessors of other real estate property. 2373687 Ontario is proposing to construct a Stormwater Management System at the Site. The Site is currently under development and will ultimately be competed in three (3) phases. Each phase calls for the construction of 100 units, for a total of 300 units upon completion. The Stormwater Management System covers the development of all three (3) phases. The purpose of this Environmental Compliance Approval (ECA) application is to permit the construction of the proposed sewage works to include: • Ten (10) dry ponds; and • All supporting ancillary equipment. J:\219000s\0219712.000 BlaneyMcMurtry,790ElmTreeRoad,ERC,WATER\Deliverables\ECA Application\215233 - Mariposa Creek ISW ECA 790 Elm Tree Road, Little August 23, 2018.docx ©2018 Pinchin Ltd. Page 1 of 1 282 TAB 1 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 2018/08/24 317 4865 9400 5379 5384 08/21 2018/08/24 318 319 320 TAB 2 321 Application for an Environmental Compliance Approval August 23, 2018 790 Elm Tree Road, Little Britain, Ontario Pinchin File: 219712 2373687 Ontario Inc. FINAL CONFIDENTIALITY RATIONALE Release of this document or any information contained within is subject to the Freedom of Information and Protection of Privacy Act (FIPPA). This application contains proprietary information which the applicant deems to be confidential. As such, it is requested that all information contained within this application remain confidential unless otherwise directed (in writing) by the applicant. ©2018 Pinchin Ltd. Page 1 of 1 322 TAB 3 Request ID: 020774386 Province of Ontario Date Report Produced: 2017/10/02323 Transaction ID: 65808575 Ministry of Government Services Time Report Produced: 13:25:51 Category ID: UN/E Page: 1 CORPORATION PROFILE REPORT Ontario Corp Number Corporation Name Incorporation Date 2373687 2373687 ONTARIO INC. 2013/05/21 Jurisdiction ONTARIO Corporation Type Corporation Status Former Jurisdiction ONTARIO BUSINESS CORP. ACTIVE NOT APPLICABLE Registered Office Address Date Amalgamated Amalgamation Ind. NOT APPLICABLE NOT APPLICABLE 1 790 ELM TREE ROAD New Amal. Number Notice Date LITTLE BRITAIN NOT APPLICABLE NOT APPLICABLE ONTARIO CANADA K0M 2C0 Letter Date Mailing Address NOT APPLICABLE Revival Date Continuation Date 1831 COUNTY ROAD #21 NOT APPLICABLE NOT APPLICABLE MINDEN Transferred Out Date Cancel/Inactive Date ONTARIO CANADA K0M 2K0 NOT APPLICABLE NOT APPLICABLE EP Licence Eff.Date EP Licence Term.Date NOT APPLICABLE NOT APPLICABLE Number of Directors Date Commenced Date Ceased Minimum Maximum in Ontario in Ontario 00001 00010 NOT APPLICABLE NOT APPLICABLE Activity Classification NOT AVAILABLE Request ID: 020774386 Province of Ontario Date Report Produced: 2017/10/02324 Transaction ID: 65808575 Ministry of Government Services Time Report Produced: 13:25:51 Category ID: UN/E Page: 2 CORPORATION PROFILE REPORT Ontario Corp Number Corporation Name 2373687 2373687 ONTARIO INC. Corporate Name History Effective Date 2373687 ONTARIO INC. 2014/09/03 JAY'S LAKE CAMPGROUND AND R.V. PARK 2013/05/21 LIMITED Current Business Name(s) Exist: YES Expired Business Name(s) Exist: NO Administrator: Name (Individual / Corporation) Address SHIRLEY 1831 COUNTY ROAD #21 MCGLENNON MINDEN ONTARIO CANADA K0M 2K0 Date Began First Director 2013/05/21 NOT APPLICABLE Designation Officer Type Resident Canadian DIRECTOR Y Request ID: 020774386 Province of Ontario Date Report Produced: 2017/10/02325 Transaction ID: 65808575 Ministry of Government Services Time Report Produced: 13:25:51 Category ID: UN/E Page: 3 CORPORATION PROFILE REPORT Ontario Corp Number Corporation Name 2373687 2373687 ONTARIO INC. Administrator: Name (Individual / Corporation) Address SHIRLEY 1831 COUNTY ROAD #21 MCGLENNON MINDEN ONTARIO CANADA K0M 2K0 Date Began First Director 2013/05/21 NOT APPLICABLE Designation Officer Type Resident Canadian OFFICER PRESIDENT Y Administrator: Name (Individual / Corporation) Address STEVEN 1831 COUNTY ROAD #21 MCGLENNON MINDEN ONTARIO CANADA K0M 2K0 Date Began First Director 2013/05/21 NOT APPLICABLE Designation Officer Type Resident Canadian DIRECTOR Y Request ID: 020774386 Province of Ontario Date Report Produced: 2017/10/02326 Transaction ID: 65808575 Ministry of Government Services Time Report Produced: 13:25:51 Category ID: UN/E Page: 4 CORPORATION PROFILE REPORT Ontario Corp Number Corporation Name 2373687 2373687 ONTARIO INC. Administrator: Name (Individual / Corporation) Address STEVEN 1831 COUNTY ROAD #21 MCGLENNON MINDEN ONTARIO CANADA K0M 2K0 Date Began First Director 2013/05/21 NOT APPLICABLE Designation Officer Type Resident Canadian OFFICER SECRETARY Y Administrator: Name (Individual / Corporation) Address STEVEN 1831 COUNTY ROAD #21 MCGLENNON MINDEN ONTARIO CANADA K0M 2K0 Date Began First Director 2013/05/21 NOT APPLICABLE Designation Officer Type Resident Canadian OFFICER TREASURER Y Request ID: 020774386 Province of Ontario Date Report Produced: 2017/10/02327 Transaction ID: 65808575 Ministry of Government Services Time Report Produced: 13:25:51 Category ID: UN/E Page: 5 CORPORATION PROFILE REPORT Ontario Corp Number Corporation Name 2373687 2373687 ONTARIO INC. Last Document Recorded Act/Code Description Form Date CIA ANNUAL RETURN 2014 1C 2015/02/07 (ELECTRONIC FILING) THIS REPORT SETS OUT THE MOST RECENT INFORMATION FILED BY THE CORPORATION ON OR AFTER JUNE 27, 1992, AND RECORDED IN THE ONTARIO BUSINESS INFORMATION SYSTEM AS AT THE DATE AND TIME OF PRINTING. ALL PERSONS WHO ARE RECORDED AS CURRENT DIRECTORS OR OFFICERS ARE INCLUDED IN THE LIST OF ADMINISTRATORS. ADDITIONAL HISTORICAL INFORMATION MAY EXIST ON MICROFICHE. The issuance of this report in electronic form is authorized by the Ministry of Government Services. 328 TAB 4 329 330 TAB 5 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 Appendix “I” 424 425 426 427 428 429 430 431 432 433 Appendix “J” 434 From: Roberta Perdue To: Richard Holy Subject: FW: 20181012 Eng revised comment D19-33-026 Mariposa Creek Date: Tuesday, October 16, 2018 1:12:34 PM Attachments: image001.jpg 20181012 Eng rev. comment D19-33-026 Mariposa Creek Estates, Ops.doc From: Roberta Perdue Sent: Friday, October 12, 2018 10:40 AM To: Richard Holy; Ian Walker Cc: Christina Sisson; Juan Rojas; Joseph Newbery; Susanne Murchison Subject: 20181012 Eng revised comment D19-33-026 Mariposa Creek Hi Richard, Further to our conversation this morning, please see Engineering’s revised memo attached. Thank you, Roberta From: Roberta Perdue Sent: Wednesday, October 10, 2018 2:22 PM To: Richard Holy; Ian Walker Cc: Christina Sisson; Juan Rojas; Joseph Newbery; Susanne Murchison Subject: 20181010 D19-33-026 Mariposa Creek Good Afternoon, Please see Engineering’s comments attached. Engineering recommends Planning staff coordinate a meeting with the proponent and consulting engineer (and other department/agency staff as required) to further review. Please let us know if you have any questions. Thank you, Roberta Roberta Perdue, C.E.T. Senior Engineering Technician Engineering & Corporate Assets Department, City of Kawartha Lakes 12 Peel Street, Lindsay, ON K9V 5R8 Tel: 705-324-9411 ext. 1154 | Toll Free: 1-888-822-2225 | www.kawarthalakes.ca 435 Engineering & Corporate Assets Department P.O. Box 9000, 12 Peel Street Lindsay ON K9V 5R8 Tel: (705) 324-9411 Ext. 1154 Fax: (705) 324-2982 e-mail: [email protected] website: www.city.kawarthalakes.on.ca MEMORANDUM TO: Richard Holy, Manager of Planning Ian Walker, Planning Officer – Large Developments CC: Juan Rojas, Director Engineering & Corporate Assets Christina Sisson, Supervisor, Development Engineering Joseph Newbery, Senior Engineering Technician FROM: Roberta Perdue, Senior Engineering Technician DATE: Revised October 12, 2018 RE: D19-33-026, Mariposa Creek Resorts Ltd. 790 Elm Tree Road, Little Britain Engineering confirms receipt of the following hard copy submission, received from Planning on September 27, 2018: • Stormwater Management Brief, prepared by Pinchin Ltd., dated August 21, 2018. • Drawing #219712-01, Base Plan, prepared by Pinchin Ltd., stamp dated September 21, 2018 • Drawing #219712-02, Site Plan, prepared by Pinchin Ltd., stamp dated September 21, 2018 • Drawing #219712-03, Site Plan, prepared by Pinchin Ltd., stamp dated September 21, 2018 • Drawing #219712-04, Servicing Plan, prepared by Pinchin Ltd., stamp dated September 21, 2018 • Drawing #219712-05, Details, prepared by Pinchin Ltd., stamp dated September 21, 2018 • Drawing #219712-06, Details, prepared by Pinchin Ltd., stamp dated September 21, 2018 • OPSD 219.180, Straw Bale Flow Check Dam, November 2015 • OPSD 219.110, Light Duty Silt Fence Barrier, November 2015 The report provided indicated the submission is to support a Ministry of the Environment, Conservation and Parks (MECP) Environmental Compliance Page 1 of 3 436 Approval (ECA) application for stormwater management and to address site servicing deficiencies. Engineering provides the following comments: General: 1. The submission report and design drawings do not clearly identify existing conditions, proposed removals and proposed construction. 2. Since previous City of Kawartha Lakes Engineering site inspection and meeting comments from 2015 were not referenced or addressed in the report, copies are attached for consideration in the next submission by Pinchin. 3. A Cost Estimate as per the City’s current template is required for review by Engineering. Stormwater Management: 1. The City requires a copy of the Environmental Compliance Approval application and a copy of a Kawartha Conservation Clearance, for the City’s signature. 2. Pinchin has re-submitted the report Stormwater Quantity and Quality Control Report, prepared by MJ Davenport & Associates, dated January 2014, however MJ Davenport prepared a subsequent report, revised October 2015. The stormwater management engineering drawings provided by Pinchin are from both the MJ Davenport January 2014 and subsequent October 2015 reports and the information is conflicting. Pinchin must clarifiy the proposed Stormwater Management design with a clear and comprehensive submission. 3. The Stormwater Management Brief prepared by Pinchin does not acknowledge previous comments from the Ministry of the Environment, via the Notice of Refusal, dated November 3, 2015 (attached). 4. An Operation and Maintenance Manual is required for the stormwater management system. Servicing: 5. Line types and line colours identified on the drawings (ie Drawing #219712- 04, Servicing Plan) are not clear as to existing and proposed water and sanitary servicing infrastructure (i.e yellow colour represents both lot lines and existing sanitary sewer features). Page 2 of 3 437 6. Engineering understands onsite water and sanitary serving is addressed through the Building Division. The above comments are based on the most current information received. In reviewing these documents, every attempt is made to provide a thorough and comprehensive examination. However, Engineering may at any time request additional information and/or amend previous comments/requirements based on new information. To facilitate this project, Engineering recommends Planning staff schedule a meeting with the proponents and their consulting engineers to review our comments. Please do not hesitate to contact our office if you have any questions. Page 3 of 3 438 Appendix “K” 439 440 441 442 443 444 Appendix “L” 445 Proposed Outfalls/Fish Habitat Figure 2 Mariposa Creek EIS Legend Subject Property Proposed Outfalls Spawning Areas (MNRF 2019) Provincially Significant Wetland (MNRF 2019) Project: 218482 Last Revised: May 2019 Client: 2373687 Prepared by: BD Checked by: Ontario Inc. LW Contains information licensed under the Open Government License–Ontario Orthoimagery Baselayer: (Google) C:\Dropbox\Dropbox (Beacon)\All GIS Projects\2018\218482 Mariposa Creek EIS\Q Project Files\2019-04-02 - Mariposa Creek EIS - 218482.qgz 446 Appendix “M” 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 446 Appendix “M” 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 Court File No. CV-17-586126-00CL KAWARTHA CREDIT UNION LIMITED and 2373687 ONTARIO INC. Applicant Respondents ONTARIO SUPERIOR COURT OF JUSTICE [COMMERCIAL LIST] Proceeding commenced at TORONTO MOTION RECORD OF THE RECEIVER (VOLUME II OF V) (RETURNABLE JUNE 6, 2018) BLANEY MCMURTRY LLP Barristers & Solicitors 2 Queen Street East, Suite 1500 Toronto ON M5C 3G5 Eric Golden (LSUC #38239M) (416) 593-3927 (Tel) (416) 596-2049 (Fax) Email: [email protected] Chad Kopach (LSUC #48084G) (416) 593-2985 (Tel) (416) 594-5095 (Fax) Email: [email protected] Lawyers for Kawartha Credit Union Limited and The Fuller Landau Group Inc.