Open
Letter To Public Works & Engineering Department
XXXXX
XXXXXX – Director of Public Works & Engineering
West
Lincoln Township
318
Canborough St. P.O Box 400
Smithville,
ON LOR 2AO
Re:
Van Buuren Municipal Drain Flooding
Dear
Mr. Xxxxx Included here in you will find my response to your letter
dated August 3rd , 2016 were in you deny drainage issues and direct
me to hand picked quotations from the Drainage act.
As
the earth's climate changes, fatal floods seem to have become an
increasingly prevalent threat. Municipalities should make sure that
decisions and appropriate improvements are just in light of projected
climate impacts.
I
submit that the Van Buuren Municipal Drain extension “A” was a
mistake, not just because the last Drainage Superintendent told us
this, but it was a engineering mistake.
By
the way engineering is spelled that way, not as how you spell it
“engineeering” ,
(see
letter from xxxxx, Director of Public Works ).
The
header of your letter should at lease look like you know what hell
your doing. Your welcome. Oh, by the way we don’t live on xxxxx
“Side Road” either.
A
report from the United Nations Office for Disaster Risk Reduction
notes that in 2015, three of the world's top 10 natural disasters by
number of fatalities were floods.
In
the U.S., floods are listed as the number one natural disaster, with
total flood insurance claims averaging over $3.5 billion U.S. dollars
per year from 2005 to 2014, the U.S. National Flood Insurance Program
reports.
The
Intergovernmental Panel on Climate Change (“IPCC”) Fifth
Assessment Report indicated that precipitation events are very likely
to become more intense and more frequent in Canada.
Its
getting closer. its time to get prepared.
Conservation
authorities may thus be expected by courts to take action in
enforcing their object of preventing flooding. Authorities are
responsible for being knowledgeable about flood prone zones ongoing
monitoring and maintenance obligations. Municipal standards and other
criteria for design and maintenance are usually based on a sub
watershed or flood study, and often built to accommodate the “100”
-year storm” or regional requirements.
We
will be doomed when the Van Buuren “Drain gets a “100”-year
storm.
Unfortunately it is foreseeability going to inevitably happen, it is unavoidable. Unfortunately the Van Buuren Municipal Drain is not engineered for the “100” -year storm. It has trouble handling normal events as you can clearly see the drain running at full capacity during normal events in this video; http://s593.photobucket.com/user/Bears_world/media/Public/Grimsby%20Flooding%20West%20Lincoln/Video.mp4.html
According to the township director of
Public works & “ENGINEEERING DEPARTMENT”, there was a full
clean out of the Van Buuren Municipal drain in 2015.
Good, ok so isn’t that was is
suppose to happen? Lets have a parade and get on with it, It has
helped a great deal but the township has come up short when it thinks
that they are finished, and that is all that had to be done to relive
the flooding. They created there madness, by over development of this
area without the infrastructure to support it. There has been too
much Development and land filling in this area changing the grades
and the natural flow of water courses everywhere we look.
Did you know that Provincial
governments can be named as defendants in civil proceedings related
to flooding. It is not unusual for a provincial government to be sued
for negligence? Were not talking about only the Drainage act now,
still willing to go down with the ship?
Relevant Information
Drainage Act, R.S.O. 1990, c. D.17
15. Subject to section 32, every drainage works constructed under this Act shall be continued to a sufficient outlet. R.S.O. 1990, c.D.17, s.15.
We
do not have a sufficient outlet.
32. Where, in the opinion of the engineer, the cost of continuing a drainage works to a sufficient outlet or the cost of constructing or improving a drainage works with sufficient capacity to carry off the water will exceed the amount of injury likely to be caused to low-lying lands along the course of or below the termination of the drainage works, instead of continuing the works to such an outlet, or making it of such capacity, the engineer may include in the estimate of cost a sufficient sum to compensate the owners of such low-lying lands for any injuries they may sustain from the drainage works, and in the report the engineer shall determine the amount to be paid to the owners of such low-lying lands in respect of such injuries. R.S.O. 1990, c.D.17, s.32.
We
request compensation.
Improving, upon examination and report of engineer
78. (1) If a drainage works has been constructed under a by-law passed under this Act or any predecessor of this Act, and the council of the municipality that is responsible for maintaining and repairing the drainage works considers it appropriate to undertake one or more of the projects listed in subsection (1.1) for the better use, maintenance or repair of the drainage works or of lands or roads, the municipality may undertake and complete the project in accordance with the report of an engineer appointed by it and without the petition required by section 4. 2010, c.16, Sched.1, s.2 (27).
Projects
(1.1)
The projects referred to in subsection (1) are:
1.
Changing the course of the drainage works.
2.
Making a new outlet for the whole or any part of the drainage works.
3.
Constructing a tile drain under the bed of the whole or any part of
the drainage works.
4.
Constructing, reconstructing or extending embankments, walls, dykes,
dams, reservoirs, bridges, pumping stations or other protective works
in connection with the drainage works.
5.
Otherwise improving, extending to an outlet or altering the drainage
works.
6.
Covering all or part of the drainage works.
7.
Consolidating two or more drainage works. 2010, c.16, Sched.1, s.2
(27).
Your
letter explains that “There have been no other recent complaints
of flooding in the area”
You
do know we are in a drought right?
Your
letter letter says “There has been no significant flooding
occurrences in the last 2 years in the area” , does that
mean that the insignificant flooding just didn’t take any lives?
What is your point. According to xxxxxxx -my neighbour, there was a
complaint you have about his yard flooding caused by the Van Buuren
Drain extention “A”.
There
are pictures.
You
state in your letter “All roadside ditching on xxxxxx
was cleaned and upgraded in 2016 to allow free flow of water to the
inlet of the Van Buuren drain extension.”
Completely
false! I don’t know where your getting your information but my
neighbours roadside ditch is still not working, and the 3 culverts on
our side have not been “cleaned and upgraded”. We
still would like the roadside ditch cleaned to the corner, the way it
was back in 2000!
Your
letter says “The Van Buuren main drain underwent a full cleanout
in 2015. There are no known issues or complaints that occurred during
the maintenance work.”
Yes
and the work did not need the police out here to get it done -like
the last time at my neighbours, when the township made the extension
“A” go threw their yard forcefully like were living in Russia.
The under sized, underground portion comes out at a “T” into our
problematic ditch outlet. There were “no issues” this time
because it was a good decision, so whats your point?
By
the way all that water coming from the Micheal street development
into a “T” added to our problematic, unmaintained, ditch outlet
-blocks our outlet in our natural water course, that you hooked up a
municipal drain into.
Again,
please remove the debris from the Van Buuren drain extension “A”,
there are giant hills of grass being piled up all along side the
municipal drains banks, when the drain backs up it will flood us all
out again.
Again,
you are hereby also notified that the stagnant water issue is back.
Please
seriously reconsider your position regarding your responsibilities as
you will be held accountable.
Looking
forward to hearing from you as soon as possible in this regard, thank
you.
Sincerely,
Mr.
xxx
xxxxxxxx
Admin,
Van
Buuren Drain Flood Relief Alliance
Grimsby
Floods Westlincoln
Cc:
Acting Drainage Superintendent West Lincoln -xxxxxxx
Cc:
Ministry
of Natural Resources and Forestry xxxxxxxx
NO
NAMES HAVE BEEN POSTED ON THIS PAGE AT THIS TIME
