Ron Awde
From September 9th through the 12th, the Environmental Review Tribunal heard the case against the construction of five additional industrial wind turbines on the Oak Ridges Moraine to the west of Pontypool.
The Appellant (SLWT Opposition Corp.) presented arguments against the destruction of existing woodland habitat, in order to crowd five industrial wind turbines into an area designated as significant woodland in the City of Kawartha Lakes Official Plan.
Ms. Cindy Sutch of STORM (Save the Oak Ridges Moraine) explained to the Tribunal why constructing private power plants on the Oak Ridges Moraine is contrary to the spirit of the Oak Ridges Moraine Act and how collective effects of incremental industrial development on the Moraine will result in serious harm to the ecology and hydrogeology of this provincially protected zone.
Councillor Stauble raised many concerns about safety, noise and effects of shadow flicker while David Kerr, the hydrogeologist with the City of Kawartha Lakes raised questions of inconsistencies between the first hydrogeology assessments submitted by Capstone Infrastructure, the Approval Holder, which indicated high levels of moisture at shallow depths and a new study only recently provided to the Appellants in mid August which now apparently shows no high water table in the area.
The Approval Holder’s avian expert from the U.S., Dr. Kerlinger, who has been working for the wind industry for more than 20 years, contends that while Species At Risk may be pushed out of the area of the turbines, the greater regional population of some birds will not be affected and that bird deaths will be within the Province’s acceptable limits. He noted that while the turbines do likely contravene the Migratory Birds Act, so would not other tall structures.
Capstone’s expert medical witness, Dr. McCunney, from the U.S. indicated that his research, financed by the wind industry demonstrates no serious harm to human health from turbines. He did, however, admit under cross examination that while his specialty is environmental and occupational medicine, he has treated no patients who have claimed to suffer health effects from proximity to industrial wind turbines.
Mr. Zangeneh, the Ministry of Environment and Climate Change staff reviewer for conformance to noise guidelines, agreed under cross examination, that the Approval Holder had submitted revised noise studies following the EBR (Environmental Bill of Rights) review period had closed which indicated changes to future building locations on vacant lots, that would not have been open to public comment prior to final approval being given to the project.
The Tribunal members asked questions relating to the combined noise impact of the three projects, noting that the proposed Snowy Ridge project falls very close to the 5000 metre distance from the closest receptor within 1500 metres of the Settler’s Landing industrial wind turbines. Mr. Zangeneh agreed that while the 5000 metres was not an exact distance, the Snowy Ridge project was not included in the noise assessment modelling for the the Settler’s Landing project.
Attendance by people from the community has decreased greatly from the Sumac Ridge hearings with only a dozen or so people coming to hear the testimony of the witnesses. Several supporters who did attend indicated, however, that they have heard from many people in the community that they believe the process is so stacked in favour of the developers that it is actually impossible for any project to be turned down by the Tribunal and so have not been attending the hearings.
The Appellant’s closing submissions are now due on September 25th, with all final submissions to be provided by October 16, 2015.
The Snowy Ridge hearing is still scheduled to commence on September 28, 2015 at the Janetville Community Centre in Janetville.
