FEB 1 9 2015 House of Assembly Assemblee legislative Nova Scotia Nouvelle-Ecosse Zach Churchill, MLA 396 Main Street Suite JOOYarmouth, Nova Scotia BSA 1£9 Phone: (902) 742-4444 Fax: (902) 742-7391 E-mail: [email protected] February 9, 2015 Municipality of the District of Yarmouth, Warden and Council 932 Highway 1 Hebron, Nova Scotia BSA 5Z5 Dear Warden Goodwin and Council: Thank you for your letter dated January 27, 2015 regarding the collapsed culvert on the private road in the Golden Forest Subdivision in North Kemptville. As council is aware, I have been involved with this case since 2010. I have sent letters on behalf of residents to the Provincial Departments of Transpm1ation and Infrastructure Renewal, Environment, and Emergency Management Office and received responses from the Province (see attached.) The fundamental issue regarding the restoration of the culvert is before the courts and I, along with all others involved, hope that a speedy resolution is possible. Yours truly, Zach Churchill MLA, Yarmouth House of Assembly Nova Scotia Liberal Caucus Office 5151 George Street, Suite 1402 Halifax, Nova Scotia B3J 2T3 December 7, 2010 Honourable Bill Estabrooks, Minister Department of Transportation and Infrastructure Renewal 211d Floor, Johnston Building 1672 Granville Street PO Box 186 Halifax, Nova Scotia B3J 3Z8 Dear Minister Estabrooks: I am writing in regards to an issue in Yarmouth County. As a result of the flooding in early November, a culvert had been undermined in the Golden Forest Subdivisionlocated in North Kemptville, and the road that is the right-of-way to the subdivisionhad been washed-out. Until last week, when a temporary bridge was installed, the Golden Forest Roadwas impossible to access by vehicle. This caused a great safety issue for the four full-time residents of this subdivision as they were very concerned about access, for emergency vehicles, in particular. According to the DFAA program, because it is a private road, the Golden Forest Road does not qualify for funding and the residents are responsible for the cost ofrepair to the road. Although this is a private road, according to residents, the right-of-way to Golden Forest is an "industrial road" as the approximately 220 acres of land is assessed as forestry. The culvert borders the approximately 220 acres of land, not Golden Forest. The general public also uses this road to visit family and friends who reside in Golden Forest. Please advise me if there is any funding available to assist the residents of Golden Forest in repairing the Golden Forest Road. Thank you for your attention to this issue. Yours truly, Zach Churchill MLA, Yarmouth Cc: Hon. Ramona Jennex, Minister of Emergency Management House of Assembly Nova Scotia Liberal Caucus Office 5151 George Street, Suite 1402 Halifax, NS B3J 2T3 December 21, 2010 Honourable Bill Estabrooks, Minister Department of Transportation and Infrastructure Renewal 2ndFloor, Johnston Building 1672 Granville Street Halifax, NS B3J 3Z8 Dear Minister Estabrooks: I am writing to follow-up on my December 7 letter regarding Golden Forest Road. Please find attached a map which shows that the culvert is located on the industrialroad and not on the Golden Forest Subdivision. The residents of Golden Forest continue to be concerned aboutthe future of their access road. If you have any questions, please do not hesitate to contact me. Thank you for your attention to this issue. Yours truly, Zach Churchill MLA, Yarmouth House of Assembly Nova Scotia Zach Churchill,MLA 396 Main Street Suite I 00 Yarmouth. Nova Scotia B5A I E9 Phone: (902) 742-4444 Fax: (902) 742-7391 E-mail: ca(iiJ;achchurchill.co111 October 10, 2012 Honourable Sterling Belliveau, Minister Department of Environment 511' Floor, 5151 Terminal Road PO Box442 Halifax, Nova Scotia B3.J2P8 Dear Minister Belliveau: I write to you on behalf of residents of Golden Forest Subdivision (Golden Forest Road, North Kemptville). The road is now non-existent, causing grave and urgent safety concerns. EHS and firefighting vehicles are not able to pass this road, leaving residents and seasonal visitors without fundamental access to help in the case of emergencies. Furthermore, without access to these fundamental services, insurance companies are indicating that residential properties will be ineligible for coverage. This means homeowners are very close to losing their properties. This issue has been ongoing for two years. It has been a source of great frustration for residents of the Golden Forest Road and is quickly becoming a health and safety issue. It has become apparent that government intervention is urgently needed to bring about a resolution to this issue. I strongly urge you to meet with all parties involved. Thank you for your attention to this urgent matter. Yours truly, Zach Churchill MLA, Yarmouth Cc: Honourable Maurice Smith, Minister Department of Transportation and Infrastructure Renewal Environment Office of the Mini:;ter PO tlox 44:.1. Halifax, No·;a Scotia, Canada tl::lJ :11'8 • 1",'vV1\•.<1ov.n~.c;ilnse Our File No.: 95100-30-YAR-2010-07 4976-R01 95100-30-YAR-2010-07 4976 95100-40-YAR-2317078 10700-40 Mr. Zach Churchill MLA, Yarmouth 396 Main Street, Suite 100 Yarmouth NS B5A 1E9 Dear Mr. Churchill: Thank you for your October 10, 2012, letter regarding road safety concerns of residents in Golden Forest Road Subdivision, North Kemptville. Nova Scotia Environment (NSE) has been in dialogue with both the contractor and the residents of the subdivision and understands the concerns of the residents about safety and the need for permanent suitable road access to their properties. However, NSE is not able to direct a proponent to install a structure in a watercourse as the issue does not fall within our jurisdiction. This being said, an approval is required from NSE for altering a watercourse. Activities that require approval are stipulated in the Activities Designation Regulations, which can be found on our website at: http://www. gov.ns.ca/just/regulations/regs/envactiv. htm#TOC3 3. To date, NSE has not received an application to install a new structure. NSE will work with the proponents with any future plans to install an approved structure to provide access to the subdivision. Should you have any further questions or concerns, please contact Mr. Adrian Fuller, Western Regional Director, at (902) 678-6088. Sincerely, (-H+-{1- . /) //ff .../)~~ ..i~r:.c&.?.ut- Sterling B~v~au Minister c: Hon. Maurice Smith, Minister of Transportation & Infrastructure Renewal Adrian Fuller 02/11/2013 14:47 9024240539 LIBERAL CAUCUS PAGE 01/01 Liberal Caucus Office House of Assembly 5151 George Street, Suite 1402 Nova Scotia Halifax, NS B3J 2T3 February 5, 2013 Honourable Ross Landry, Minister Emergency Management Office 4th Floor, 5151 Terminal Road Halifax, Nova Scotia B3J 2L6 Dear Minister Landry: I am writing in regards to an issue in Yarmouth County. As a result of the flooding in early November 20 l 0, a culvert was undermined in the Golden Forest Subdivision located in North Kemptville, and the road, which is the only access point to the subdivision was washed out. The Department of Environment placed a temporary bridge allowing entry to the road which was removed in the fall of 2012 leaving residents, again, without a suitable access point to their properties. EHS and firefighting vehicles have indicated they are unable to pass this road leaving residents and seasonal visitors without help in the case of emergencies. According to residents, the Department of Environment has stated that this issue is the responsibility of IWB Real Estate as they made the decision to install a temporary bridge and had a permit issued in their name. Both the permanent and seasonal residents of Golden Forest Subdivision offered IWB Real Estate a financial commitment of $45,000 towards the $75,000 ~HST cost of the permanent culvert to resolve this issue but their offer has yet to be accepted. I have written to the Departments of Transportation and Environment on this issue and both are unable to provide any assistance. Th.is situation has become an urgent safety issue for the residents of Golden Forest Subdivision. As the minister responsible for Emergency Management Office, Iurge you to provide the financial assistance needed to resolve this issue. Thank you for your attention to this matter. Cc: Cory d'Eon, Resident, Golden Forest Subdivision ECEIVED R 2 6 FE 2013 Attdrney General . JU$tlc:e Offici of the MJnlst&r -~---,Mt T ' ,...__ POII~ 7, HnllfalC,IJOYa Scotiai Canatla B!l 21.G • Telcp~on•9!1J424-4044... _ Ftx D02424>11510 • WWW.gov.11&.~ FEB 2 7 2013 Mr. Zach Churchill, MLA Liberal Caucus Office 5'151 George Stl'.$et, Suite 1402 Hallfax, NS B3J 2T3 De11rMr, Churchfll: Thank you for your ratter of February 6, 2013 regarding the damage caused ta a culvert on the private road to the Golden Forest Subdivlsfon 111 a result of the Novemb~r 2010 flooding. The province haa announeed a dl$a&tmr flnanciaJ SS11fatanee program for the November 2010 storm and estimates that rt wll!apand over $8.3 tnllllon In reparrlng private and publlc Infrastructure. Unfortunately, the Province will not be able to·repair the (ilgfden Forest Sub"rvlslon culvert eis·tt dcee not meat the ellglbility cr1tetfa set forth by the Federal Government under DisHter F'lnancJalAsafstance Arrangement (OFAA), The federal gu/dellnea for road restoration atate that oosta a11oc:lated11are With re'5torlng roads to their pr•diaester condition are eligible provided that the road• on the inventoiy of and maintained by a provlnoial ministry" or they are "en the Inventory of a munfcipaJijy, regional municipality, county or rural munlclp~lltyand .are theirs to tnalntain." R1g;:irding private roads, the only ellglbls cast le tor "privately constructed industrla! (e.g., forest, mining) reads l.l8ed by both the Industry and the genera/ publrc.D Since the Golden Forest road le not part of elth1r the provincial or munlcipal Inventory, nor Ja It a private Industrial road, It Is not el!glble for disaster aseistanoe undenhe Federal DFAA and therefore does not meet the provlncfal guldelln&l.i for dleaster assistance.