You Cannot “Slide Over” a Wetland

The developer’s plans for the Garner Marsh

The current location of the Marsh at 140 Garner Rd Ancaster, at the south west corner of Garner Road and Highway 6

On June 3rd the Hamilton Conservation Authority heard a proposal from Toronto developers ONE Properties to pave over the Marsh and the land surrounding it, including the locally beloved Pumpkin Patch, at 140 Garner Rd E to make way for a massive warehouse complex. The HCA voted that day to DENY the permit to pave Ancaster’s wetland, a stunning victory for the Marsh, the hundreds of community members who had rallied to save it, and for communities downstream that would be at increased risk of flooding. But now the developers are appealing the HCA’s decision to deny them the permit to pave and we will be seeking party status at the Ontario Land Tribunal to fight their appeal.

The Marsh is the headwater of Ancaster Creek, one of the few coldwater creeks in Hamilton. When the developers proposed to “slide over the wetland” by destroying it and constructing a new marsh in a different location convenient to them, Hamilton Conservation Authority Staff and local citizens had serious concerns. Marshes and swamps exist where they are for a reason and it is simply not possible to slide over a wetland. Apart from spring pools, the existing wetland does not consist of open water in the hot summer months with the magic being mostly below the surface. The Marsh is like a natural sponge, soaking up rain water and functioning as both as a filter and headwater of the Ancaster creek. The developer’s proposal is to dig a hole in a location which is out of the way of their proposed warehouse complex and fill it with water that will sit stagnant and warming in the sun. This doesn’t even come close to emulating the true headwater that currently exists and would compromise both the purity of the water and the cold water species that require cooler temperatures to survive in the creek downstream. The Ancaster creek is also known as Coldwater creek for this reason.

ONE Properties’ proposal for a 1.3 million square foot warehouse complex at 140 Garner Rd E Ancaster

Even preserving the wetland but surrounding it with warehousing would destroy its functionality. Stormwater runoff and effluent from the surrounding parking lots and loading bays would wash into and contaminate it, and wildlife that attempted to reach it would have to navigate vast distances of concrete to do so. Every wetland is precious and this one is no exception. In settled areas of Canada, up to 70% of our wetlands have already been destroyed or degraded. In southern Ontario, 68% of the original wetlands have been converted from their natural state to support alternative uses such as agriculture and housing. This Marsh is one of only two wetlands left in the Ancaster Creek Subwatershed and the only wetland in its original location. As wetlands continue to disappear, so too do the many benefits they provide. They protect us from flooding, drought and climate change. They protect wildlife by providing hundreds of species with safe places to eat, sleep and raise young. They give us natural places to play, learn and explore. They also clean the water we enjoy at beaches, lakes and rivers.

 In their June, 2021 submission to the HCA, ONE Properties also misrepresented the value and characteristics of the Marsh by claiming:

”There is no wetland on the property”

False. The Marsh is listed on provincial mapping and has been identified by the HCA as a ‘locally significant wetland’. The Urban Hamilton Official Plan states that Natural Heritage System wetlands will be protected. Wetlands are defined as “Core Areas” in the Official Plan. The Garner Marsh is situated over a Highly Vulnerable Aquifer and groundwater in this area is highly sensitive.

”There was only one single American toad calling during amphibian calling surveys”

False. In fact, during the Environmental Impact Assessment, American toads were in such abundance at the Marsh that their calls were listed as “Code 3 - Full chorus; calls continuous and overlapping, when there are so many males of one species calling that all the calls sound like they are overlapping and continuous (like a blur of sound).

The Phragmites in the Marsh is “destroying the ecosystem and habitat” of the Marsh.

False. Although Phragmites is present in the Marsh, the dominant species is Cattail. Phragmites is invasive but its presence is controllable and is by no means a reason to destroy the Marsh.

“The wetland is a good candidate for location adjustment and enhancement because there are no open water habitats.”

False. The Marsh is located in a ‘significant groundwater recharge area’ meaning most of the water is subsurface. It supports species both in the Marsh and downstream that rely on this characteristic and the coldwater creek (Ancaster Creek) whose source is here. Ancaster Creek is one of the few coldwater creeks in the area, supporting coldwater aquatic life downstream such as brown trout.

The Marsh supports “Limited Biodiversity”

False. Identified at the Marsh were more than fifty types of birds, multiple species of amphibians, dragonflies and reptiles, as well as white-tailed deer and eastern cottontail. Additionally, the land surrounding the Marsh supports salamanders, foxes, coyotes, bats, and serves as a resting spot for migrating birds like Tundra Swans who pass through in the spring, stopping here to rest. There were two nationally significant species, two provincially significant species and eight locally significant species identified at the Marsh.

“The Marsh is isolated from adjacent natural areas”

False. The Marsh is connected to a natural heritage system recognized in the Hamilton Official Plan. There are hedgerows and thickets all around the Marsh as well as a large woodlot at the back of the property in proximity to core natural areas and linkages, providing a valuable connection to other natural heritage features in the headwaters. The Marsh is situated over a Highly Vulnerable Aquifer and groundwater is highly sensitive in this area.

The Marsh “Does not support at-risk or locally important species”

False. The woodlot on the site contains endangered American Chestnut, Eastern Wood Pewee and has been identified as likely habitat for maternal bat colonies. The wetland is a valuable food source for the bird, bat, butterfly and dragonfly populations who dwell here and in the area.