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September 2001 Newsletter

Missing Approvals for Expressway

The federal appeal is only one of the major obstacles in the path of thevalley expressway. If it is successful, an environmental assessment screening will resume, possibly leading to a new Panel Review. However, there are numerous other approvals still outstanding. Some of these are described below.

  • The provincial Ministry of the Environment has made it clear that the City's plans to excavate 70,000 cubic metres from the toxic Rennie dump will require an approval under section V of the provincial Environmental Protection Act, and this will trigger a new provincial environmental assessment. The expressway cannot be built without the dump excavation.

  • The conditions attached to the 1997 provincial exemption order for the expressway require the City to complete an internal assessment of the project. Initial draft reports were issued in mid-1998 but abandoned uncompleted when the federal assessment began. The initial work identified major problems with air quality, noise, health, climatic impacts, ecological impacts and visual impacts. The City solicited and received numerous comments from the public in October 1998 but has never replied to these. All the reports remain in the draft stage.

  • The exemption order also requires that the City obtain an approval from the Niagara Escarpment Commission for the road crossing of the escarpment. The NEC has not given this approval and the initial consultants report on this issue recommended against approval. Lawyers for the NEC also have determined that the City will need a whole new approval from the NEC for the expressway, over half of which is located within the Niagara Escarpment Plan Area.

  • The Hamilton Region Conservation Authority is responsible for cut and fill regulations and other flood control measures in Red Hill Valley. An approval from the Conservation Authority must be received before the City can re-route the creek or do any construction work on the floor of the valley. The Conservation Authority also is responsible for enforcing the City's tree-cutting bylaw adopted last year. The general manager of the Conservation Authority has recently written to Mayor Wade "if the City intends to exempt themselves [from the bylaw], and if so, for what reasons." Conviction under the bylaw may result in fines of $20,000 and imprisonment up to three years.

  • City financial staff have warned that the expressway will impose a major financial burden on the City and may even contribute to bankrupting the City if accompanied by an economic downturn. Credit agencies have already told the City that borrowing for the expressway may lead to downgrading of the City's credit rating.

  • The province is now proposing a mid-Peninsula expressway with a possible connection to the Red Hill Valley expressway. This would significantly alter the traffic load and other factors associated with the valley route with unknown implications. MPP Ted McMeekin recently called for a new environmental assessment of the Red Hill road because of the implications of the mid-peninsula corridor.

  • Native peoples have announced a land claim affecting Red Hill Valley. They are concerned about native graves and other sacred sites that are likely located in the valley.
In addition, the growing government and public concern about smog, air pollution, and climate change should lead both the provincial and the federal governments to adopt policies preventing the destruction of urban forests and their replacement with highways. These issues should also give pause to local decision-makers, but that seems less likely in Hamilton.

© Friends of Red Hill Valley 1991-2005

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