Report to: Development Services Committee Report Date: February 20, 2007

SUBJECT: Small Streams Study Final Report

PREPARED BY: Soran Sito, Environmental Engineer

Lilli Duoba, Senior Project Coordinator, Environmental Planning and Rouge Park

RECOMMENDATIONS:

THAT the staff report entitled “Small Streams Study - Final Report”, dated February 20, 2007, be received;

AND THAT the Markham Small Streams Study recommendations and guidelines for the protection and management of small stream features be endorsed in principle;

AND THAT the Small Streams Study classification process and management recommendations be incorporated into the Official Plan and technical engineering manuals and documents as they are updated;

AND THAT staff report back to Council, regarding budget requirements and implementation of a Landowner Education and Stewardship Program for the protection of small stream features;

AND THAT the Environmental Policy Review and Consolidation Study and future Official Plan Amendment, include an inventory of small stream features within the rural area;

AND THAT Transport Canada and Ontario Realty Corporation be engaged to review opportunities for implementation of the Small Streams Study guidelines on Federal and Provincial lands identified as Federal Green Space or Provincially-owned Greenbelt;

AND THAT staff commence review of the Site Alteration By-Law to provide interim protection of small streams features outside the Town’s current urban boundary and report back to Council in late 2007;

AND THAT the Town request the Don Watershed Council and Rouge Park Alliance to consider utilization of the Town’s yearly restoration grants for projects involving the enhancement of small stream features in the urban area;

AND THAT the Toronto and Region Conservation Authority, Ministry of the Environment, Region of York Rouge Park Alliance and Don Watershed Council also be provided a copy of the report;

AND FURTHER THAT staff be authorized and directed to do all things necessary to give effect to this resolution.

EXECUTIVE SUMMARY

The Small Streams Study was initiated to generate principles and strategies to guide the protection and long-term management of small streams and intermittent watercourses that traverse the Town of Markham, with the objective of maintaining and enhancing these drainage features to safeguard the health of the watershed ecosystem. Small streams, also called Zero Order streams and drainage features currently do not meet the recognized definition by the Toronto and Region Conservation Authority of watercourse, and therefore, are not protected under the Conservation Authority Act. The primary focus of the study is the Town’s rural area where opportunities to protect and enhance small stream features are still available. Specific objectives of the Study include the protection and enhancement of water quality, stream flow, groundwater recharge, native fish habitat and ecosystem health and diversity.

To achieve these objectives, the work program was developed to establish a classification system for small streams based upon the physical and functional characteristics of the drainage area and the feature itself.

The study was initiated at the direction of Markham Council in April 2002. The study included both a Technical Advisory Group and a Stakeholder Advisory Group to help steer the study and provide feedback at key study milestones. Throughout the study period, the study team held regular public meetings and issues-specific meetings and presentations to various stakeholders, including the Urban Development Institute (UDI) and the Rouge Watershed Task Force.

Small streams are classified in the study into three classes with management recommendations as follows:

Class 1 features: protect existing feature and enhance functions;

Class 2 features: permissible to alter shape if shape and function are enhanced;

Class 3 features: permissible to eliminate feature.

The study provides examples of technical and design solutions to address the integration of class 1 and 2 features identified for protection within the context of the Town’s current design and infrastructure standards. In addition, the study identifies opportunities for restoration and replication of small stream features in the existing urban area.

While the Small Streams Study recommendations primarily address the Town’s rural area, some general recommendations are also provided for the urban areas, recognizing the limitations related to land availability and existing built forms and infrastructure. Given that the future implementation of the Small Streams Study is primarily geared to lands outside the current urban boundary, preparation of the policy framework should be integrated with the Environmental Policy Review and Consolidation Study. The preparation of a baseline inventory of existing small streams features outside the current urban boundary is also included in the Environmental Policy Review and Consolidation Study. In the interim, to protect small stream features in the Town, it is recommended that staff move forward with a Landowner Education and Stewardship Program and an update to the Site Alteration By-law.

The Small Streams Study guidelines are consistent with the Provincial and the TRCA approach towards groundwater protection, source water protection and water budget requirements, providing simple yet effective guidelines to ensure that Markham’s natural features and water resources are maintained and enhanced. Since Markham is home to the headwaters of a number of major watercourses, adoption of these protection principles will contribute to healthy watershed environments that extend beyond our municipal boundary.

The small streams classification system and management program is a very innovative approach for municipal planning and environmental protection that has not been implemented in other jurisdictions. It is for this reason that the Small Streams Study recommendations must be treated as guidelines and that the endorsement of the Study recommendations recognizes that flexibility and creativity are paramount to the success of the implementation program.

FINANCIAL CONSIDERATIONS:

Except for the baseline inventory of the small stream features work proposed in the Environmental Policy Review and Consolidation Study, there are no immediate financial implications from the staff report recommendations. However, there are both short and long-term financial considerations associated with the implementation of the Small Streams Study guidelines (see Table 1 for a summary of actions). The following are potential future cost implications of the implementation of the Small Streams Study :

New programs and studies, including a Landowners’ Education and Stewardship program and review of engineering and technical solutions, to implement the study recommendations;
Future resource requirements over time (e.g. consultant, contract and/or full-time staff) within Engineering, Planning and Urban Design, Parks Planning and Operations Departments to implement the study recommendations and manage programs related to implementation of the Small Streams Study guidelines;

Potentially higher development and infrastructure costs related to the protection and enhancement of small streams and associated engineering solutions; and,
Increased operation, maintenance and replacement costs associated with the maintenance of the new infrastructure (e.g. infiltration systems, bioswales and biofilters).

Staff from Development Services will report back to Council on work program and cost estimation for the Landowners’ Education and Stewardship program in late 2007. The Engineering Department will be updating its Engineering Standards and Stormwater Management Guideline in late 2007.

PURPOSE:

The purpose of this report is to present to Council the Small Streams Study recommendations, implementation strategies, key challenges and financial implications for the Town, and to obtain Council approval to implement the recommendations of this staff Report.

BACKGROUND:

The need for the protection of small streams was originally recognized in the late 1990’s through a number of development applications. On September 17, 2001, a report and presentation from the Engineering Department was submitted to the Environment and Transportation Committee authorizing a meeting with stakeholders to discuss the protection of small streams. On November 19, 2001, an information session regarding the protection of small streams was attended by members of Council, staff, environmental groups, developers and landowners. On April 29, 2002, Council directed staff to undertake the Small Streams Study and report back to Council with its recommendations. Schollen and Company was retained by the Town in May 2002 to conduct this study.

The Small Streams Study was initiated to generate principles and strategies to guide the protection and long-term management of small streams and intermittent watercourses that traverse the Town of Markham, with the objective of maintaining and enhancing these drainage features to safeguard the health of the watershed ecosystem. The primary focus of the study is the Town’s rural area where opportunities to protect and enhance small stream features are still available. Specific objectives of the Study include the protection and enhancement of water quality, stream flow, groundwater recharge, native fish habitat and ecosystem health and diversity.

There is an overall interest within various levels of government, environmental groups and the public in protecting small stream features and enhancing the long-term social and environmental benefits. Therefore, stakeholder and public consultations were undertaken at key milestones throughout the study period to obtain input to develop and refine the Study.

A Technical Advisory Committee (TAC) was established to provide advice on technical matters related to small streams and to ensure sound study methodology. The TAC included Town staff, the study consultant team, staff from the Toronto and Region Conservation Authority, the Department of Fisheries and Oceans and the Ministry of Natural Resources.

A Stakeholder Advisory Committee (SAC) was created with representation from a broad range of sectors to provide advice to the study team on draft materials and documents produced for the study, principles, strategies and guidelines for protecting small streams, and communication and public consultation aspects of the Study.

The Small Streams Study progress was presented to Part A Development Services Committee on June 1, 2004 and on June 6, 2006. Public meetings were held on January 25, 2005 and on May 4, 2006. A number of small group stakeholder meetings were also held.

The study report Executive Summary is attached as Appendix ‘A’.

OPTIONS/DISCUSSION:

Study Overview

The Town of Markham Small Streams Study was undertaken to develop a management approach for the classification and protection of Zero Order streams. Zero Order streams represent the smallest drainage feature on the landscape that conveys flow during rain storms or snow melt. These features currently do not meet the Toronto and Region Conservation Authority (TRCA) definition of a watercourse. Therefore, the Conservation Authority Act and the Generic Regulation do not provide any protection to these small streams. These drainage features, which typically include headwater streams, provide a valuable contribution to the health of the watersheds including source water protection, groundwater recharge, attenuation of runoff, moderation of water temperature, enhancement of water quality and provision of habitat for terrestrial and aquatic species.

The Markham Small Streams Study Stakeholder and Public Consultation Plan was established in August 2002. The Plan focused on key stakeholders and the public to help develop and refine policies and guidelines for the protection and management of small streams. In addition to two public meetings, a number of stakeholder meetings were held during the development of the study.

The classification system and the management recommendations were based on the relative importance of the small streams to the watershed. Criteria (or controlling factors) such as groundwater function, downstream aquatic habitat, downstream riparian community, discharge to cold/warm watercourses and maintenance of these features were utilized to determine the relative importance of the features and to assign a proper class and management recommendations to each. Appendix ‘B’ identifies the Flow Chart for the classification system. Small streams are classified into three classes with management recommendations as follows:

Class 1 features: protect existing feature and enhance functions;

Class 2 features: permissible to alter feature if shape and function are enhanced;

Class 3 features: permissible to eliminate feature.

The small streams classification system is intended to be implemented early in the planning process through Official or Secondary Plan level Master Environmental Servicing Plans (MESP) in order that community design and technical engineering considerations could be sufficiently integrated. Appendix B identifies the classification system and management recommendations in a flow chart format. While the Small Streams Study recommendations primarily address the Town’s rural area, some general recommendations are also provided for the urban areas, recognizing the limitations related to land availability and existing built forms and infrastructure.

In order to evaluate the Study classification system and assess the implication of the management recommendations on land use planning, community design and servicing options, a comprehensive demonstration study was applied to a full concession block consisting of 405 hectares of agriculture and sensitive lands bounded by Major Mackenzie to the south, Elgin Mills Road to the north, Kennedy Road to the west and McCowan Road to the east.

The results of the demonstration study have revealed that the implementation of the classification system and the management recommendations introduced no major planning and servicing challenges that could not be addressed through the application of proper planning and innovative servicing design techniques. The demonstration study has shown that it is crucial that small stream features be identified, classified and assessed at early stages of the MESP. The Demonstration Study site is attached as Attachment ‘C’.

Application of the Small Streams Study Guidelines and Key Challenges

The application of the Small Streams Study will be based on the various development contexts that are prevalent within each of these following geographic areas of the Town:

1. Rural lands (White Belt in the Provincial Growth Plan)

The lands north of the Town’s current urban boundary and outside of the Oak Ridges Moraine and Greenbelt boundaries have the potential for future growth in accordance with the Provincial Growth Plan for the Greater Golden Horseshoe. Many of the Town’s watercourse headwaters are located within these northern areas. These features are generally in private ownership and comprise small, often shallow depressions which are difficult to discern or classify without a field assessment. These features could be lost without proper identification and protection. These lands present the greatest opportunity for the implementation of the Small Streams Study guidelines. To ensure that these features are identified and protected in the interim, landowner education and stewardship programs should be implemented.

Key challenges related to the implementation of the Small Streams Study guidelines in the rural area are:

ensuring staff and financial resources are available to carry out field assessment to establish an inventory of small stream features, obtain access to private properties, and prepare a Landowner Education and Stewardship Program to ensure that rural small stream features are identified and protected, where appropriate;

ensuring the Small Streams Study guidelines are considered, and where appropriate, incorporated into planning documents and guidelines. The scope of the current monitoring programs and required staff technical expertise to review and implement the Small Streams Study guidelines must be expanded to assess the implementation strategy and the impacts of the Study recommendations on any future development applications;
establishing compatible review protocols with other development plan review agencies, particularly the Toronto and Region Conservation Authority, Ministry of the Environment and the Ministry of Natural Resources; and,

developing new engineering standards and guidelines to overcome current barriers to innovative engineering solutions to accommodate small streams.

Given that small stream features can be easily removed and eliminated in rural areas, staff recommend that the Town’s Engineering Department commence review of the current Site Alteration By-Law to facilitate an interim protection of the small stream features in rural areas which are currently not identified in the By-Law. Staff will report back to Council later in 2007 on the study and budget requirements to implement a Landowner Education and Stewardship Program as part of the 2008 operating budget process.

2. Protected Oak Ridges Moraine and Greenbelt Rural Lands

Within the current Provincial legislation, the Oak Ridges Moraine and Greenbelt lands located further north and east of Markham are protected as environmentally sensitive rural lands. These lands are also predominantly owned by Transport Canada as part of the Pickering Airport site holdings, the provincial Ontario Realty Corporation (ORC) and the Toronto Region Conservation Authority (TRCA). Although the Small Streams Study recommendations are generally designed to classify small features subject to development application to determine how these features could best be incorporated into a development scenario, opportunities occur for the application of the Study recommendations to protected rural lands and provide for stream enhancement.

Given the environmental objectives identified by Transport Canada through their Green Space Strategy announcement in 2002 and the Provincial application of the Greenbelt policies on Provincially-owned lands, it would be appropriate to engage senior level governments in discussions regarding the application of the small streams recommendations on their lands to provide enhancement opportunities.

3. Existing Urban Areas

The Small Streams Study guidelines also offer some recommendations for small stream enhancements in the existing urban area. The recommendations include a restoration program focused on recreating and replicating small stream features where opportunities exist, on restoration and enhancement of degraded watercourses, and on application of innovative stormwater management concepts. Given that the majority of this area is already developed and is subject to existing land use and environmental policies, there are limited opportunities for the application of the small streams environmental concept within existing urban areas.

The greatest opportunity for urban area enhancement is within existing and planned parklands and open space lands. The major challenges for the application of small streams concept within urban areas include the availability of land to replicate these features and existing sub-surface drainage infrastructure and utilities constraints. However, should the Town wish to proceed with recreating small stream features on public open spaces and/or park lands, the project must consider the original planning and urban design objectives, understand and maintain social and economical objectives of the specific park/open space, maintain the original or existing park/open space program with no adverse impact on its main functions and assess the overall performance of the specific park/open space, providing the right balance between small streams protection and park/open space objectives. Town staff shall pursue opportunities to enhance small stream features in the urban area using any and all of the tools and options provided for in the Study.

Generally, the small streams environmental concept will be difficult to implement within the existing urbanized areas. The Rouge Park Alliance and Don Watershed Council both receive yearly grants for the purpose of environmental enhancement projects. The Town should encourage these groups to also consider small stream enhancements, where appropriate. Large scale development or redevelopment projects within the existing urban area may provide opportunities for small stream application or restoration, which will be considered on a site by site basis where lands are available.

Technical and Engineering Challenges

In order to protect the Class 1 and 2 streams within the context of the management recommendations, creative and innovative design and engineering solutions will be required. The study identifies a number of solutions that have proved successful for similar situations locally, nationally and internationally. The Town’s Operations and Urban Design Departments have identified a number of limitations and challenges with some of the options presented for their infrastructure and parks. It is also recognized that it may be years before the Town is in a position to implement the Small Streams Study through any future urban growth, and there may be other future solutions and opportunities available which are currently not identified in the Study. As such, the engineering and technical solutions and recommendations presented in the Study may not be applicable to all circumstances in Markham, and therefore should be used as a guideline. The study recommends that an inventory of alternative engineering practices be compiled. Staff recommends that this task be considered as part of future Engineering Stormwater Management Guidelines and Engineering Standards updates to ensure that the practices identified are the most current available.

Additional technical challenges are:

· Soils in Markham contain high levels of clay, and therefore proposed infiltration techniques will require innovative engineering design and approach to overcome the low conductivity characteristics of the soils;

· The inventory of existing small streams will require training of Town staff and consultants on how to define a small stream and how to apply the classification system in the field;

· Small streams classes 1 and 2 will require some level of maintenance such as cleaning and trimming;

· The implementation of the monitoring program will require a Town-wide monitoring strategy identifying monitoring locations and parameters specific to each site. The monitoring program should be implemented prior to approval of any development application in order to collect and establish baseline data;

· Application of other de-icing agents on Town roads, instead of salt, must be carefully examined to evaluate potentials for risks and liabilities, long-term impact and maintenance requirements with any other de-icing agent. The current Town’s Salt Management Plan is designed to consider new technologies and evaluate their associated impacts on the surrounding environment including the identification of environmentally sensitive areas within the Town;

· Perforated pipe system for foundation drains shall conform to the Town’s engineering standards (design and construction) to ensure that the pipe is protected from soil/silt infiltration into the system. Pipes may need to be located on wider boulevard areas to avoid adverse impact on road base material through water exfiltration;

· Replacement of storm sewer pipes with surface drainage systems should conform with Town’s Engineering Standards and any applicable guideline, policies and By-Laws (e.g. Stormwater Management Guideline, Standing Water By-Law); and,

· Consideration of any new stormwater management practices such as: biofilters, bioswales, soak away pits and infiltration galleries should conform with the Town’s Engineering Standards and any applicable guideline, policies and By-Laws (e.g. Stormwater Management Guideline, Standing Water By-Law, Site Alteration by-Law);

Implementation of the Small Streams Study Guidelines

The Small Streams Study provides a number of recommendations for the comprehensive implementation of the study principles and management guidelines. Table-1 identifies the actions and implementation programs being recommended in this report:

Table-1

Small Streams Study Implementation Requirement

Action	Staff Recommendation
Endorse Small Streams Study principles and guidelines	Council to endorse (February 2007)
Prepare Landowner Education and Stewardship Program	Request staff to bring back to Council program outline and cost estimates (2007/2008)
Amend existing Site Alteration By-laws (rural area)	Council authorize engineering staff proceed to review and amend the existing Site Alteration By-law (Fall 2007)
Identify candidate urban sites for restoration and replication of small streams	Request staff to consider small streams restoration opportunities in large scale development applications in the urban area (ongoing)
Enhance existing small stream features	Request watershed based non-profit groups consider small stream restoration and enhancement projects. Employ best effort at staff level to apply small streams environmental concept on large-scale developments (ongoing)
Action	Staff Recommendation
Prepare inventory of small stream features	Proposed in the Environmental Policy Review and Consolidation Study (2007/2008)
Amend Official Plan	Refer Small Streams Study Principles and Guidelines to Environmental Policy Review and Consolidation Study (2007/2008)
Amend and/or revise technical manual and guidelines	To be implemented as guidelines are updated.
Monitoring	To be considered with implementation projects

Partnerships

The Small Streams Study was prepared with the assistance of a Technical Advisory Committee comprised of staff from the Toronto and Region Conservation Authority, Ministry of the Environment and Federal Department of Fisheries and Oceans. Implementation of the Small Streams Study recommendations will require a partnership with the residents of Markham, land developers and agencies involved with planning approvals. Given the heightened interest in ground and surface water protection at the Provincial scale, it would be appropriate to explore opportunities with the Ministry of the Environment on joint funding for education materials and technical implementation solutions.

Summary of Consultation and Feedback

Throughout the study process, an inclusive public and stakeholder consultation program was implemented to allow for the review of work and provision of public input. At key steps during the development of the study document, the Stakeholder and Technical Advisory Committees were consulted to review the process, test the findings and identify issues that required solutions during the course of completing the study. In addition, two public information meetings were held in 2005 and 2006 to present the Small Streams Study Draft Report to the public and to solicit feedback from the public.

The overall public response to the study was very positive. The following organizations and individuals were supportive of the Small Streams Study:

· Department of Fisheries and Oceans	· Markham Conservation Committee
· Ministry of Natural Resources	· Markham Environmental Alliances
· Toronto and Region Conservation Authority	· Save the Rouge Valley System
· Don Watershed Regeneration Council	· Milne Park Conservation Group
· Rouge Watershed Task Force	· Lorne Smith and Krista Olins
· Rouge Park Alliance

Major concerns with the Study were raised by Jim Robb (from Friends of the Rouge Watershed) and the Urban Institute Development (UDI) and their consultants. The issues raised by Friends of the Rouge tended to reflect issues that are beyond the mandate of the Study. In his February 9, 2005 letter Jim Robb indicated that the Small Streams Study should not be considered until the completion of the Rouge Watershed Strategy, Water Balance and Natural Heritage System. Staff do not feel that it is necessary to delay the Small Streams Study until completion of the other studies or policy directions as they can go forward separately.

The main issues raised by UDI in their May 23, 2006 letter are summarized as follows:

· Implementation of the Study will greatly impact the Town’s ability to meet its obligations (for growth) under the Provincial Growth Plan;

· Study is premature for implementation and lacks required/supporting background studies; and,

· The Town did not provide enough consultation with the UDI, nor did it provide enough time to review and provide comment on the draft final study.

In addition to the opportunities provided to UDI through the Stakeholder Committee and two public meetings, Town staff met with UDI on March 28, 2006, May 3, 2006 and February 9, 2007 to address the concerns identified by the organization and their consultants. The response to the technical issues raised by UDI are addressed in the Final Comment Response Report which is included in Appendix ‘D’. Furthermore, UDI was invited twice (June 26, 2006 and December 21, 2006) to provide comments and meet with Town staff and their consultant to discuss any outstanding issues. UDI declined both invitations. The Town’s correspondence with UDI are attached in Appendix ‘E’.

Staff feel that the significant technical issues have been addressed and that the Study methodology is sound and defendable. Staff are also of the opinion that the requirements of the current Provincial Source Protection Study and TRCA Water Budget Study are compatible with the Small Streams Study, and that there is a common public interest focus on the protection and enhancement of water resources. The TRCA’s Rouge Watershed Plan recognizes Markham’s Small stream Study.

Conclusion

Markham provides strong leadership in the protection and enhancement of the natural environment and applies a comprehensive natural features policy framework to guide the development approval process. Markham’s corporate environmental focus is to protect, enhance and restore Markham's natural features and green spaces as part of a vital and healthy ecosystem. Small streams are a vital part of the natural environment and worthy of proper protection and enhancement. The recommendations in this report will provide the Town with the opportunity to lead in the implementation of a new generation of best management practices for protecting and managing small stream features. The Small Streams Study will form an integral part of a number of internal and external government initiatives aimed at addressing issues related to the management of water resources.

FINANCIAL TEMPLATE:

Not applicable to this report

ENVIRONMENTAL CONSIDERATIONS:

The implementation of the recommendations provided in this report, in collaboration with other similar Town, Provincial and Federal initiatives such as Source Water Protection, Greenbelt Plan, Oak Ridges Moraine Conservation Plan and Rouge North Official Plan Policy should result in improved protection of Markham’s natural features and water resources as a vital component of a natural heritage system. As such, there is an overall interest within most government levels in promoting the protection of small stream features and enhancing the long-term social and environmental benefits.

ACCESSIBILITY CONSIDERATIONS:

Not applicable to this report

ENGAGE 21^ST CONSIDERATIONS:

The findings and recommendations of the Small Streams Study are aligned with the Environmental Focus goal of the Town’s Engage 21^st Markham Strategic Plan.

BUSINESS UNITS CONSULTED AND AFFECTED:

The Small Streams Study, managed by the Engineering and Planning and Urban Design, has been prepared in consultation with all affected Town Departments. In addition, Community Services Operations and Park Planning have reviewed this report and their comments have been incorporated.

RECOMMENDED BY:

________________________ ________________________

Alan Brown, C.E.T. Valerie Shuttleworth, M.C.I.P., R.P.P. Director of Engineering Director, Planning and Urban Design

________________________

Jim Baird, M.C.I.P., R.P.P.

Commissioner Development Services

ATTACHMENTS:

Appendix ‘A’ - Executive Summary of the Small Streams Study

Appendix ‘B’ - Classification Flow Chart

Appendix ‘C’ - Demonstration Site Community Design Concept Plan

Appendix ‘D’ - Final Comment Response Report

Appendix ‘E’ - Town’s Correspondence with UDI