July 17, 2007
Eric McGuinness
The Hamilton Spectator
(Jul 17, 2007)
Newly released documents reveal the former Board of Hamilton Harbour Commissioners destroyed fish habitat by unauthorized filling at Sherman Inlet in 2001, shortly before the Hamilton Port Authority took over. The federal Department of Fisheries and Oceans (DFO) is using the threat of charges to get the authority to somehow make up for the damage.
Records obtained by The Spectator under the federal freedom of information law include a May briefing note that says DFO will complete its investigation. It will then decide whether to send a warning letter or lay charges "upon implementation and completion of a fish habitat restoration plan."
The note says aerial photos taken in 1999 and 2002 confirm the filling took place. Destruction of a natural area to create leasable real estate is significant from a legal, political and public relations standpoint because it violated the federal Fisheries Act and appears to have been done without the knowledge of other stakeholders in the Hamilton Harbour Remedial Action Plan.
Although the creek that once flowed into the bay at the foot of Sherman Avenue had been reduced to little more than a sewer outlet, a bit of green space remained near its mouth. Environmentalists saw it as one of the last chances to create a public window into the commercial port area.
Now the east side, which was more natural, has been filled and levelled. Only the west side remains for possible public access.
Jim Howlett, spokesperson for the Hamilton Beach community council, says he complained about the filling shortly after it occurred. He said members of the group might still file charges privately under the Fisheries Act.
That would follow the lead of environmentalist Lynda Lukasik, who successfully prosecuted the City of Hamilton for allowing leachate from the old Rennie Street dump to pollute Red Hill Creek, which flows into the harbour. She collected a substantial fine and used the money to launch Environment Hamilton.
Lukasik, who recently returned to Environment Hamilton after working for the environmental commissioner of Ontario, said she was unaware of the filling, "but if that's what happened in an area we know is special, how profoundly sad. The inlet is the only fragment of a creek in the lower city left to do anything with. I would have hoped for more from the harbour commissioners or the port authority, and I hope we will now see a serious commitment from the authority."
Marilyn Baxter, former executive director of the Bay Area Restoration Council, and now environmental manager for the port authority, acknowledged that land "was developed right adjacent to the inlet ... and there was loss of habitat of some sort."
She noted that the authority announced in May it would begin an environmental assessment of a Sherman Inlet revitalization project sometime this year.
The port authority has also suggested restoring Sherman Inlet to help make up for loss of fish habitat, when more filling takes place to contain toxic coal tar at Randle Reef, close to the inlet.
Baxter noted that land around the inlet is contaminated with coal tar and will have to be cleaned up.
The federal fish habitat biologist who wrote the DFO note in May is unavailable, and the department says it will not have anyone to comment before Thursday.
DFO records also show that David Christopherson, NDP MP for Hamilton Centre -- who has been unavailable for several days -- organized previously unpublicized meetings in September 2005 and last October to discuss the filling. The meetings also addressed concerns about contamination of Pier 27 ponds where the authority dumps mud dredged off the harbour bottom.
Here is how the port authority presented the recent history of Sherman Inlet in a presentation to Christopherson's fall meeting.
* 2000 -- HHC (Hamilton Harbour Commissioners) conducted an investigation into the feasibility of channelizing the Sherman Inlet. Agencies consulted during the screening process objected, and the plan was abandoned.
* 2000 -- Concrete pillars to the north and east of the inlet were demolished.
* 2001 -- HHC graded portions of land, east of the inlet, to create the Sherman Lot.
* 2001 -- HHC issued a contract to locate and extend the existing storm sewers on the east side. Three small inlets on the east side of the inlet were filled.
* 2002 -- Sherman Inlet was identified for its special status, and plans for its revitalization were incorporated into the (authority's) land-use plan.
emcguinness@thespec.com
905-526-4650
Hamilton Beach community council may proceed privately under Fisheries Act
Sherman Inlet, left, in 1999 shows the natural areas and fish habitat; and later in 2002 with new land filling fish habitat.
Eric McGuinness
The Hamilton Spectator
(Jul 17, 2007)
Newly released documents reveal the former Board of Hamilton Harbour Commissioners destroyed fish habitat by unauthorized filling at Sherman Inlet in 2001, shortly before the Hamilton Port Authority took over. The federal Department of Fisheries and Oceans (DFO) is using the threat of charges to get the authority to somehow make up for the damage.
Records obtained by The Spectator under the federal freedom of information law include a May briefing note that says DFO will complete its investigation. It will then decide whether to send a warning letter or lay charges "upon implementation and completion of a fish habitat restoration plan."
The note says aerial photos taken in 1999 and 2002 confirm the filling took place. Destruction of a natural area to create leasable real estate is significant from a legal, political and public relations standpoint because it violated the federal Fisheries Act and appears to have been done without the knowledge of other stakeholders in the Hamilton Harbour Remedial Action Plan.
Although the creek that once flowed into the bay at the foot of Sherman Avenue had been reduced to little more than a sewer outlet, a bit of green space remained near its mouth. Environmentalists saw it as one of the last chances to create a public window into the commercial port area.
Now the east side, which was more natural, has been filled and levelled. Only the west side remains for possible public access.
Jim Howlett, spokesperson for the Hamilton Beach community council, says he complained about the filling shortly after it occurred. He said members of the group might still file charges privately under the Fisheries Act.
That would follow the lead of environmentalist Lynda Lukasik, who successfully prosecuted the City of Hamilton for allowing leachate from the old Rennie Street dump to pollute Red Hill Creek, which flows into the harbour. She collected a substantial fine and used the money to launch Environment Hamilton.
Lukasik, who recently returned to Environment Hamilton after working for the environmental commissioner of Ontario, said she was unaware of the filling, "but if that's what happened in an area we know is special, how profoundly sad. The inlet is the only fragment of a creek in the lower city left to do anything with. I would have hoped for more from the harbour commissioners or the port authority, and I hope we will now see a serious commitment from the authority."
Marilyn Baxter, former executive director of the Bay Area Restoration Council, and now environmental manager for the port authority, acknowledged that land "was developed right adjacent to the inlet ... and there was loss of habitat of some sort."
She noted that the authority announced in May it would begin an environmental assessment of a Sherman Inlet revitalization project sometime this year.
The port authority has also suggested restoring Sherman Inlet to help make up for loss of fish habitat, when more filling takes place to contain toxic coal tar at Randle Reef, close to the inlet.
Baxter noted that land around the inlet is contaminated with coal tar and will have to be cleaned up.
The federal fish habitat biologist who wrote the DFO note in May is unavailable, and the department says it will not have anyone to comment before Thursday.
DFO records also show that David Christopherson, NDP MP for Hamilton Centre -- who has been unavailable for several days -- organized previously unpublicized meetings in September 2005 and last October to discuss the filling. The meetings also addressed concerns about contamination of Pier 27 ponds where the authority dumps mud dredged off the harbour bottom.
Here is how the port authority presented the recent history of Sherman Inlet in a presentation to Christopherson's fall meeting.
* 2000 -- HHC (Hamilton Harbour Commissioners) conducted an investigation into the feasibility of channelizing the Sherman Inlet. Agencies consulted during the screening process objected, and the plan was abandoned.
* 2000 -- Concrete pillars to the north and east of the inlet were demolished.
* 2001 -- HHC graded portions of land, east of the inlet, to create the Sherman Lot.
* 2001 -- HHC issued a contract to locate and extend the existing storm sewers on the east side. Three small inlets on the east side of the inlet were filled.
* 2002 -- Sherman Inlet was identified for its special status, and plans for its revitalization were incorporated into the (authority's) land-use plan.
emcguinness@thespec.com
905-526-4650
Hamilton Beach community council may proceed privately under Fisheries Act
Sherman Inlet, left, in 1999 shows the natural areas and fish habitat; and later in 2002 with new land filling fish habitat.