Friends of the UNB Woodlot - Presentation to the Public Safety & Environment Committee, City of Fredericton (Sept. 06, 2011)

Ban Shale Gas Development
in the UNB Woodlot
and all of Fredericton
September 06, 2011
Friends of the UNB Woodlot

Presentation to Public Safety & Environment Committee,
City of Fredericton

My
name
is
Mark
D’Arcy
and
I
am
with
the
group

Friends
of
the
UNB
Woodlot.

We
appreciate
this

opportunity
to
make
a
presentation
to
the
Public

Safety
and
Environment
Committee.

We
have
been
active
on
the
University
of
New

Brunswick
Woodlot
issue
since
2007.

The
UNB

Woodlot
represents
a
microcosm
of
several
key

environmental
issues
facing
our
city
and
also
has

been
a
real
litmus
test
of
the
environmental

protection
policies
in
our
province.

Presentation Outline

1. Our commitment to preserve sensitive
environments

2. Our drinking water is unprotected from shale gas
development

3. Obligations to the public

4. Watershed-based source water protection

5. Recommendations

1. Commitment to Preserve:

Green Matters and City Munipical Plan

Fredericton strives to be a Green city...

City Hall has challenged Frederictonians to educate
themselves & to be proactive:

“Do your research, educate yourself on the issues surrounding
climate change, global warming, pollution, and sustainability”
(Green Matters website)

The
language
in
Fredericton’s
Municipal
Plan

clearly
states
that
environmentally
signiKicant

areas
are
to
be
protected
and
that
land
uses
have

minimal
impacts
on
them.

Fredericton
City

“Council
shall
endeavour
to
protect
land
within

environmentally
signi7icant
areas
through

appropriate
zoning
mechanisms.”

And
the
language
in
the
section
of
the
Municipal

Plan
speciKic
to
the
UNB
Woodlot
gives
the

following
direction:
to
preserve
these
sensitive

ecological
areas;
to
select
“land
uses
that
support

local
and
regional
needs”;
to
“enhance
community

vitality
and
well-being”;
and
to
“increase
UNB’s

pro7ile
as
an
environmental
steward
and

community
leader”.

City of Fredericton Municipal Plan
Technical Background Report (December 1989)

the
that
“should
be
protected

And
certainly
any
action
we
take
to
protect
our
drinking
water
will
also
have

“Parks and woodland areas such as: Odell Park;
UNB Woodlot; and Killarney Lake region. All of these
environmentally sensitive areas, whether they are officially
designated or not, should be protected and enhanced. This
means that they should be recognized on the future land use
plan and those that are not already zoned in an appropriate
category which would offer protection should be zoned to
ensure their protection.”

Flanagan, Frank (1989). Environment, Report No. 11. City of Fredericton Capital City
Municipal Plan Technical Background Report. Prepared by Fiander- Good
Associates Ltd. for the City of Fredericton Planning & Development Department.
December 1989, page xii)

Environmentally Significant Areas

4) Council shall endeavor to protect and limit development in all environmentally
(

significant areas, including:

(a) River and stream banks;
(b) Areas with flooding risk;
(c) Areas with significant development constraints;
(d) Significant natural habitat;
(e) Other areas of open space value;
(f) Wetlands.

(5) Council shall endeavor to ensure that land uses within and abutting designated
open spaces and other environmentally significant areas are compatible with and
have minimal impacts on the natural environment.

(6) Council shall endeavor to protect land within environmentally significant areas:
(a) Through appropriate zoning mechanisms;
(b) As a condition of approval for development agreements;

http://www.fredericton.ca/en/citygovernment/resources/Section2.11Environment.pdf


3.9

THE UNIVERSITY OF NEW BRUNSWICK WOODLOT
Guiding Principles
It shall be the policy of Council to adopt guiding principles generally summarized as
follows:
(1)

The UNB Woodlot contains sensitive ecological areas that should be preserved
in perpetuity.

(2)

Areas identified for potential development should be used for sustainable
development that includes: (a)

Careful identification of appropriate mixed land uses;
(b)

Best practices for waste management; (c) Best practices for storm water
management; (d)

Land uses that support local and regional needs;
(e)

Transit-supportive land use; (f)

Emphasis on building design and site planning.

(3)

Uses of the UNB Woodlot should serve to:
(a)

Enhance community vitality and well-being; (b)

Generate long term revenues in
support of the University’s mission; (c)

Leverage additional forest land holdings for
research, education

and endowment purposes; (d) Increase UNB’s profile as an
environmental steward and community leader; (e) Demonstrate UNB’s commitment
to excellence in development and management.

Here
is
a
map
of
the
UNB
Woodlot
in
relation
to

the
southside
of
Fredericton.
The
UNB
Woodlot
is

a
concentration
of
forested
wetlands
at
the
top
of

the
hill
behind
the
Hugh
John
Fleming
Forestry

Complex.

At
3800
acres,
it
is
equal
in
size
to

southside
Fredericton
and
Lincoln
in
the
valley

below.

The
reason
that
these
wet
forests
are
here
is
that

the
UNB
Woodlot
area
represents
very
high

groundwater
levels,
often
just
below
the
surface.

This
groundwater
contributes
to
the
recharge
of

both
the
Fredericton
and
New
Maryland
aquifers.

And
the
Department
of
Natural
Resources
map
showing

shale
gas
test
drilling
licenses
speaks
for
itself.

These

licenses
cover
a
10-kilometre
radius
around

Fredericton,
and
includes
the
UNB
Woodlot
and
most

other
areas
of
the
City
of
Fredericton
and
surrounding

communities.

UNB
Woodlot

http://www.gnb.ca/0078/Promo/NaturalGas/ObtainingOilGasRights-e.asp

Just
think
about
what
this
map
represents:

➡
“Exploration”
licenses
cover
seismic
testing,
hydraulic

fracturing
(“fracking”),
and
production
well
testing;

➡
Well
pads
can
be
requested
inside
the
city
limits;
➡
Well
pads
can
be
located
outside
the
city
limits,
and

then
drill
horizontally
up
to
1
kilometre
or
more
inside

our
municipal
boundaries;
and
➡
Even
with
drilling
outside
the
city
limits,
industry
&

government
studies
show
that
hydraulic
fracturing

create
fractures
that
can
spread
up
to
2,500
feet

underground,
and
can
open
up
natural,
pre-‐existing

fractures
in
the
bedrock.

2. Drinking Water is Unprotected from Shale Gas Dev’p:

Risks, Environmental Protection Policies,
and Aquifer Mapping

The
public
in
Fredericton
and
New
Brunswick
is

becoming
very
well-‐informed
on
the
dangers
of

shale
gas
development.

And
we
know
that
the

geology
in
New
Brunswick
is
such
that
shale
gas
is

found
in
very
hard
bedrock.

This
is
similar
to
the

situation
found
in
Pennsylvannia,
where
hydraulic

fracturing
of
the
bedrock
requires
millions
of

gallons
of
water
and
toxic
chemicals
to
be
pumped

into
each
well
at
pressures
reaching
15,
000
psi
–

this
is
the
equivalent
of
large
bombs
going
off
in

our
bedrock.

The public is well-informed about the environmental
and economic costs of shale gas dev’p

- whistleblower employees for US Environmental
Protection Agency (EPA)
- New York Department of Environmental Protection
(DEP)
- New York Riverkeepers
- Council of Canadians
- Dr. Anthony Ingraffea (Cornell University) - a "father of
hydraulic fracturing"
- Propublica
- Pembina Institute and The David Suzuki Foundation
- Dr. Jannette Barth (former Chief Economist, New York
Metropolitan Transportation Authority)

And
do
we
want
to
risk
the
migration
of

natural
gas
and
fracking
=luids
into
aquifers

by
the
fracking
of
our
bedrock?

Industry
and
government
studies
show
that

hydraulic
fracturing
create
fractures
that
can

spread
up
to
2,500
feet
underground,
and
that

hydraulic
fracturing
can
also
open
up
natural,

pre-‐existing
fractures
in
the
bedrock.

#1
Widen
Natural
Fractures

#2
Create
New
Fractures

Option G@Treehugger.com

Early
evaluation
of
the
chemicals
in
fracking
Kluids

is
cause
for
great
concern.

More
than
a
third
of
the

chemicals
are
associated
with
cancer,
endocrine

disruption,

reproductive
disorders,
and
genetic

disruptions.

And
more
than
half
of
the
chemicals

are
associated
with
immune
suppression.

THIS
REPRESENTS
EFFECTS
ON
EVERY
ORGAN

SYSTEM
IN
THE
HUMAN
BODY.

And
this
is
only

the
small
percentage
of
the
chemicals
that
have

been
identiKied.

54 chemicals in fracking ﬂuids:

- 33% are associated with cancer
- 41% with endocrine disruption
- 34% with reproductive disorders
- 58% with immune suppression
- 43% have been associated with genetic disruptions

And this is only the small percentage of the chemicals
that have been identiﬁed.

(Dec. 2009, Department of Environmental
Protection for New York City )
http://www.nyc.gov/html/dep/html/press_releases/09-15pr.shtml

The
before
and
after
wetlands
prediction
map

used
by
the
Department
of
Environment
is
also

very
troubling.

Since
March
16th
of
this
year,
more

than
half
of
our
wetlands
in
New
Brunswick
are

now
completely
unprotected
from
shale
gas

development.

Wetland
alteration
permits
and

environmental
impact
assessments
(EIAs)
are
no

longer
required
for
wetlands
that
do
not
appear
on

this
present
map.

Systematic Dismantling of
our Environmental
Protection Policies in N.B.
March
16,
2011
-‐

“New”
wetlands
map
and
policy

was
introduced,
effectively
practicing
that
more

than
60%
of
the
wetlands
in
this
Province
do
not

exist,
breaking
the
province's
own
regulations
on

wetlands
protection.
All
wetlands
not
shown
on
the

map
can
now
be
destroyed
without
a
Watercourse

and
Wetland
Alteration
(WAWA)
permit.
before March 16, 2011

after March 16, 2011

our Environmental
March
16,
2011
-‐

“New”
wetlands
map
and
policy

was
introduced,
effectively
practicing
that
more

than
60%
of
the
wetlands
in
this
Province
do
not

exist,
breaking
the
province's
own
regulations
on

wetlands
protection.
All
wetlands
not
shown
on
the

map
can
now
be
destroyed
without
a
Watercourse

and
Wetland
Alteration
(WAWA)
permit.
before March 16, 2011 March
16,
2011
-‐
Environmental
Impact

Assessments
(EIAs)
not
triggered
for
development

projects
that
involve
wetlands
(larger
than
two

hectares
in
size)
that
no
longer
exist
on
the
wetland

map;

after March 16, 2011

And
we
have
just
learned
that
as
of
July
13th
of
this

year,
the
water
classi=ication
program
has
been

shelved
after
a
decade
of
work
by
19
watershed

groups
around
the
province.

This
would
have

provided
the
regulatory
framework
for
watershed

protection
here
in
New
Brunswick.

our Environmental
March
16,
2011
-‐

“New”
wetlands
map
and
policy

was
introduced,
effectively
practicing
that
more

than
60%
of
the
wetlands
in
this
Province
do
not

exist,
breaking
the
province's
own
regulations
on

wetlands
protection.
All
wetlands
not
shown
on
the

map
can
now
be
destroyed
without
a
Watercourse

and
Wetland
Alteration
(WAWA)
permit.
before March 16, 2011 March
16,
2011
-‐
Environmental
Impact

Assessments
(EIAs)
not
triggered
for
development

projects
that
involve
wetlands
(larger
than
two

hectares
in
size)
that
no
longer
exist
on
the
wetland

map;

July
13,
2011
-‐
19
watershed
groups
notiKied
that

their
ongoing
project
work
to
develop
a
Water

Classi=ication
Program
was
dropped
because
the

regulations
would
be
too
difKicult
to
enforce.
This

would
have
provided
the
framework
for
a

watershed
protection
regulatory
framework
here
in

after March 16, 2011 New
Brunswick.

Current environmental policies and aquifer mapping
can’t protect our drinking water from shale gas dev’p:

- removal of 100s millions of gallons of fresh water from
our natural water cycle
- fracking will widen natural fractures and create new
fractures in, and between, shallow and deep aquifers
- release of radioactive fracking sand and toxic fracking
water into deep underground drilling wells
- weak wetland protection policies throughout the
province of New Brunswick
- no province-wide, watershed-based source protection
of our drinking water.

3. Obligations to the Public:

Public health and safety

Fundamental obligations to protect
public health and safety

- duty to protect citizens from unnecessary &
easily avoidable health risks

- duty to protect waterways, groundwater from
contamination

- duty to preserve & restore forested wetlands to
protect our properties from climate change

And
on
the
last
point,
I
want
to
stress
the
fact
that

the
value
of
sensitive
ecological
areas
like
the
UNB

Woodlot
can
not
be
replaced.

Forested Wetlands:
Insurance in the face of
climate change....

Urban forested wetlands are well worth preserving:
- They act as giant sponges. 1 acre of wetland can hold
1.0-1.5 million gallons of ﬂoodwater = tremendous rainfall
capture and storage capacity.

- At present, 20% of our municipal taxes go to stormwater
and sewer infrastructure here in the City of Fredericton.

- The 21st-century Best Management Practices (BMPs) for
stormwater and urban drainage is to keep the rainwater
where it falls and allow it to drain away slowly.

- Our governments have an obligation not to pay for
inferior solutions when nature provides a priceless solution
for free.

Local
climate
models
by
Environment
Canada

highlight
the
future
climate
change
that
is
now

coming
upon
us
here
in
New
Brunswick.

It
is
important
to
understand

that
storms
like

Hurricane
Irene,
and
the
December
2010
rains
that

caused
the
catastrophic
Klooding
in
Charlotte
County,

are
not
caused
by
climate
change
but
are
made
more

intense
by
climate
change.

This
is
due
to
the
warmer

ocean
temperatures,
and
the
4-‐5%
more
water

vapour
we
now
have
in
our
atmosphere.

Climate Models for Fredericton & New Brunswick:

- predict major changes this century:
+++severe rain events with climate change

- a 30% increase in winter precipitation
- more winter runoff (2X)
- significant increase in freeze-thaw cycles (in winter)
- lower summer/fall runoff (1/2)
- 3.1 to 5.9 *C increase in mean winter temperature
- 2.4 to 5.1 *C increase in mean spring temperature

From: Environment Canada

Rain-saturated soil provided the perfect conditions for
the great spring flood of 1973 in New Brunswick.

And
this
is
the
reality
of
a
huge
rain
event.

It
is

unimaginable
how
much
rain
can
fall
in
these
severe

storms.

Where
will
this
rain
water
go
without
these
intact

natural
forests
and
wetlands?

A Severe Rain Event of 8 inches:

Amount to fall just on the UNB Woodlot (3800 acres)
= ca. 860,000,000 gallons

= ﬁlls 1,562 Olympic swimming pools
or
= enough water to cover 1 square mile to a height of 1.3
metres (ca. 50 inches)
or
= 13 inches of new snow melts down to 1 inch of water. So
the equivalent of 8 inches of rain is a snowstorm of
2.64 metres (8.67 feet)

Why
should
taxpayers
be
forced
to
pay
much

more
for
pipes
and
retention
ponds
that
will
fail

anyway
in
severe
rain
events?

In
order
to
make
our
cities
more
resilient,
we
must

protect
forested
wetlands
and
large
buffer
zones

around
our
watercourses.

These
key
catchment

areas
for
rainwater
take
on
a
very
signiKicant
role
in

buffering
the
volume
and
speed
of
stormwater
runoff

over
our
cities.

4. Watershed-based source water protection:

The protection of our drinking water based on
watershed boundaries, not municipal boundaries.

A watershed is a geographic area where surface
water from rain and snowmelt, streams, and rivers
flow into a common body of water. A portion of this
surface water seeps into the ground and enters the
groundwater system.

Larch Swale is an example of one of the headwaters
of a watershed in the UNB Woodlot.

Ducks Unlimited Larch Swale
in
UNB Woodlot, Fredericton

The 3800 acres of forested wetlands in the UNB
Woodlot comprise 4 major catchment areas for
rainwater (Corbett Brook, Phyllis Creek, Garden
Creek, and Baker Brook watersheds), and is equal to
the size of the south side of Fredericton and Lincoln
in the valley below.

We
can’t
afford
to
alter
more
of
our
watersheds.

Because
several
streams
have
been
piped

underground
on
the
southside
Fredericton
hill,

rain
water
rushing
down
Smythe
Street
is
now
a

de
facto
part
of
our
stormwater
infrastructure.

Garden Creek

Baker Brook
Phyllis Creek
Corbett Brook

From: James Bornemann & FAWA

Source
water
protection
should
be
trying
to
understand
the
groundwater
Klow

system.

This
would
require
3
major
monitoring
programs:

(1)

De=ine
the
aquifers,
including
both
shallow
and
deep
aquifers.

Right
now
our
mapping
is
incomplete.

Any
systematic
program
would
need
to

ACCESS,
MAP,
and
MONITOR
these
aquifers.

(2)
Characterize
the
interaction
between
groundwater
and
surface
water.

We
need
active,
monitored
stream
gauges
that
show
what
happen
at
the

surface.

This
is
because
the
water
Klowing
over
the
surface
has
a
direct
effect

on
how
near-‐surface
and
deeper
aquifers
recharge
over
time.

(3)
and
model
long-term
effects.

Unfortunately
in
New
Brunswick
we
do
not
have
aquifer
mapping
that
shows

the
extent
of
our
aquifers.

In
a
municipality
like
Fredericton,
we
know
the

smaller
25-‐year
recharge
area
that
is
deKined
as
the
WellKield
Protection
Area.

For
most
aquifers
in
this
province,
there
is
no
mapping
data.

What is watershed-based source water protection?
Watershed-based source water protection includes the protection of lakes,
streams, rivers, and groundwater. This holistic approach also involves
the protection of sensitive lands such as wetlands, ﬂood plains, and
valley lands.

The goal is to achieve a multi-barrier approach to the protection of
drinking water, so source water protection is combined with the protection
of water distribution systems, and water/wastewater treatment plants.

This was implemented in the Province of Ontario after the Walkerton
tragedy. There are 36 conservation authorities in the Province of Ontario
that are organized according to watershed boundaries, not municipal
boundaries. All other parties work with the conservation authority to
produce locally developed watershed-based source protection plans.

The Province of Ontario recommended that a high priority be placed on the
participation of First Nations in source protection planning. When the local
plans are developed and approved by the community, they must be
respected by the Province.

Watershed-based
source
water
protection
was
put
in

place
in
Ontario
in
response
to
the
Walkerton
tragedy.

While
not
perfect,
Ontario
has
certainly
increased
their

mapping
and
monitoring
of
drinking
water
sources.

Water Guardians Network, August 2009

How
can
you
safely
allow
exploration
testing
and

drilling
to
take
place
if
you
don’t
have
accurate

aquifer/ground
water
mapping?

The
Province
of
New
Brunswick
is
a
long
way
off
from

having
baseline
data
on
our
drinking
water
sources.

Until
we
have
a
fundamental
working
knowledge
of
the

extent
of
our
aquifers,
and
our
groundwater
Klow
system,

we
should
have
a
ban
on
shale
gas
development.

It
would
be
negligent
to
allow
huge
withdrawals
of
water,

together
with
hydraulic
fracturing
of
our
underground

geology,
without
this
information.

5. Recommendations:

Shale Gas Dev’p Ban in the UNB Woodlot and City;
Resolution to UMNB and Province;
Source Water Protection.

City councillors have a golden opportunity to:

- uphold the environmental protection goals in
the Municipal Plan

- underline the critical importance of the Green
Matters campaign

- protect citizens from unnecessary & easily
avoidable risk

Recommendations:
To move this forward and allow our group to make
a presentation and ask City Council:

(1) to ban high-impact industrial land use, including shale
gas development, from the Fredericton city limits;

Cities in New Brunswick have the power to regulate their
own zoning by-law. Each city have their own unique land
use controls, which makes sense when you consider that
cities actually look different from one another. The
Province of New Brunswick does not take a cookie-cutter
approach to controlling land use. My own house is in a
residential block zoned 'TP-3A', a zone unique to
Fredericton and not found elsewhere in New Brunswick.

Fredericton updated its own Municipal Plan in 2007 and
this plan was approved by the Province. Under the
Community Planning Act, our city has the autonomy to
make their plan work using various land use instruments.
In addition to the Zoning By-law, Fredericton has control
over its subdivision by-law, building by-law, deferred
widening by-law, & controlled access street by-law.

Recommendations:


(2) to adopt resolution asking the Union of the
Municipalities of New Brunswick (UMNB), and the
Provincial Government, to ban shale gas development
from the province; and

Recommendations:


(2) to adopt resolution asking the Union of the
Municipalities of New Brunswick (UMNB), and the
Provincial Government, to ban shale gas development
from the province; and

(3) to adopt resolution asking the Provincial Government
to implement watershed-based source protection for our
drinking water throughout the province.

And
certainly
any
action
we
take
to
protect
our

drinking
water
will
also
have
the
added
advantage

of
making
our
cities
more
resilient
against
climate

change.

I
would
ask
that
our
group
be
allowed
to
make
a

presentation
to
City
Council
at
their
next
meeting.

This
is
an
important
issue
that
needs
to
be
brought

forward
for
their
consideration.

Magaguadavic Lake, NB -
6+ inches of rain
(December 2010)

Vermont - 7 inches of rain
(IRENE, August 2011)
North Carolina - 15 inches of rain

Friends of the UNB Woodlot
unbwoodlot.org
Brochures & Form Letters:

http://www.slideshare.net/friendsoftheunbwoodlot
(or simply Google ‘slideshare’ ‘unb woodlot’)

Contact Information:

E-mail: friendsoftheUNBwoodlot@gmail.com
Facebook: "I don't want the UNB woodlot turned into Big-Box Strip Malls"
YouTube: search for "UNB Woodlot"
Website: www.smartgrowthUNB.ca
Website maintained by Fredericton Chapter of Conservation Council: www.unbwoodlot.org

Friends of the UNB Woodlot - Presentation to the Public Safety & Environment Committee, City of Fredericton (Sept. 06, 2011)

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Friends of the UNB Woodlot - Presentation to the Public Safety & Environment Committee, City of Fredericton (Sept. 06, 2011)