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-- The Garner Marsh is the headwater of Ancaster Creek subwatershed which is a rare “coldwater system” that supports biodiversity such as the Redside Dace, an endangered species under the federal Species at Risk Act which can only survive in a cold water environment. This summer, a new "recovery strategy and action plan" went into effect to strengthen the protection of the habitat considered essential for the fish's survival. These fish have historically been found downstream from Ancaster Creek.

-- The HCA turned down this scheme twice - once when the proponent applied for a permit; and again when the HCA decided not to have an offsetting policy that would allow such developments. The OLT should respect the HCA deliberations.

-- The Ancaster Creek subwatershed has already lost 97% of it’s wetlands.

-- The decision to move the marsh should not be conflated with the developer’s appeal to the City of Hamilton for non-decision on a prior abandoned application which lapsed years ago. That 2018 application pre-dated the attempt to pave the marsh and would have resulted in mandatory public notice to affected neighbours which won’t happen through this attempt to get a permit to destroy (and allegedly compensate) the wetland through an appeal.

-- The appellant has disqualified itself from any claim to be sensitive to the wetland qualities and the wildlife that inhabits and uses it. They did this by ordering the spraying with pesticides of the crops in the fields adjacent to the wetland certainly resulting in air drift and runoff affecting the wetland.

The appellant misrepresented the Marsh in its presentation to the HCA with these claims:

”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 as wetlands are defined as “Core Areas”. 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 the water is subsurface. The marsh is fed by an underground spring and has no open water which is important because it’s proximity to the Hamilton Airport means open water is discouraged in this area as it attracts waterfowl which pose a risk to aircraft.

The Marsh supports “Limited Biodiversity”

False. In fact the Marsh and agricultural fields and hedgerows around it are the most biodiverse location in this area which is directly attributed to the Marsh itself being both a high quality food source and habitat. The bird count at this marsh rivals that of the protected Royal Botanical Gardens. Identified at the Marsh were multiple species and more than 67 species of birds including:

Wood Thrush (Br, U, L) COSEWIC status: THREATENED; SARO status: SPECIAL CONCERN

Eastern Wood Pewee (Br, L) COSEWIC status: SPECIAL CONCERN; SARO status: SPECIAL CONCERN

Tundra Swan (M) (230 count) Migrants who stop and stage on this property every March on their migration route.

Monarch Butterfly - designated as ENDANGERED on COSEWIC, and SPECIAL CONCERN on SARO

Also present are 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.. There were three nationally significant species, three provincially significant species and eight locally significant species identified at the Marsh.

It supports species both in the Marsh itself 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 and historically, Redside dace.

“The Marsh is isolated from adjacent natural areas”

False. There is a hydro corridor connected to the property which is identified as a major linkage and “core feature” of the natural heritage system mapping on Hamilton’s Official Plan. Additionally, there are hedgerows and thickets all around the Marsh as well as a large woodlot at the back of the property in proximity to other core natural areas and linkages, providing a valuable connection to other natural heritage features in the headwaters.

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

False. Species found at the Marsh include:

Wood Thrush (Br, U, L) COSEWIC status: THREATENED; SARO status: SPECIAL CONCERN

Eastern Wood Pewee (Br, L) COSEWIC status: SPECIAL CONCERN; SARO status: SPECIAL CONCERN

Monarch Butterfly - designated as ENDANGERED on COSEWIC, and SPECIAL CONCERN on SARO

American Chestnut located in woodlot adjacent to the Marsh - COSEWIC status: ENDANGERED; SARO status: ENDANGERED

Blandings Turtle located on Garner Road adjacent to the Marsh in 2018. COSEWIC status: ENDANGERED; SARO STATUS: THREATENED

Feeding ground for maternal bat colonies who inhabit the adjacent woodlot.

Tundra Swan (M) (230 count) Migrants who stop and stage on this property every March on their migration route.