A culvert too far

Lane Creek just as it disappears under Pomodoro Restaurant at the corner of Main and Wharf Streets in Wellington.

Feds step in to regulate Lane Creek redirection

Plans to divert and reroute the creek that runs underneath Wellington’s commercial core have been set back again.

Work was expected to begin after Thanksgiving to install a concrete culvert underneath Wharf Street. The culvert would pick up the creek flow just north of the lights and carry it across Main Street and rejoin the creek a few dozen metres before it spills into Lake Ontario.

But these plans have been put on hold with the entry of yet another level of government.

It has been a tortuous path that threatens more twists and turns before it is completed—if ever.

HEADWATER
The story began in 2011 with a routine inspection of the structures spanning Lane Creek that support four buildings and two roadways adjacent to the village’s commercial centre.

Provincial regulations require that the municipality inspect bridges and culverts at least once every five years. This inspection revealed serious structural issues with some of the buildings situated above the waterway.

Having recognized the problems, the municipality is now compelled to address them. Simply encouraging owners to fix their buildings is not a viable option. Because it is aware of the problem, the municipality would not escape liability if a building collapsed into the creek.

Compounding the challenge is the fact that the municipality has no easement or legal mechanism with which to make remedial repairs to structures it doesn’t own. Further, the complexity of working around gas, water, electricity and telecommunications services made this an untenable option.

Engineers examined a variety of options and conlcluded diverting Lane Creek from underneath buildings and rerouting it along Wharf Street was the most viable and cost-effective solution. This also eliminates the munciality’s liability to buildings situated over the creek.

But this plan elicited concerns and complaints. Some worried about cost of the project, its priority among other needy infrastructure and roads projects, the plight of spawning fish that use the creek and disruption to business activity in the village.

In 2013, council earmarked $640,000 of Federal Gas Tax proceeds payable to the County for the project.

At a public meeting that spring, the County unveiled its design—a one by three metre rectangular concrete culvert designed specifically to simulate the water flow and dynamics of a natural creek bed. This helped to satisfy the regulators concerned with fish habitat.

Still, some Quinte Conservation staffers worried the size of the culvert proposed by the County was too small to accommodate a flood that might be expected once every 100 years. They urged the municipality to use the opportunity to expand the size of the culvert and reduce the impact of a 100-year-flood.

A redesign, however, would cost more money. Further, it was unclear how much extra capacity could be accommodated underneath Wharf Street amid a maze of other pipes and cables between the road surface and the bedrock below.

The County argued it was required only to replace the existing creek and flow. Any expansion would have to be funded by another level of government, a property owner or individual.

In the meantime, negotiations for an easement to allow the culvert to reconnect with Lane Creek south of Main Street dragged on.

Soon, the fall window had disappeared. By now it was evident the cost was certain to be higher than the amount budgeted in 2013. So in the 2014 budget, another $530,000 was added from taxpayer funds. Earlier this summer, the County reached a deal with the property owner on an easement.

Tenders were prepared and ready to be sent to potential bidders for the project this month.

But last week, the Federal department of Fisheries and Oceans (DFO) waded into Lane Creek.

The municipality was informed that Quinte Conservation no longer has jurisdiction over the wellbeing of the fish in Lane Creek—it was now up to the Federal government to permit this work.

The municipality has been advised that that this evaluation and permitting process can take up to six months.

Given this new development, County officials say there remains a slim chance that work could proceed this fall and winter if DFO acts swiftly. But the more likely scenario will see preparatory work done on Lane Creek next summer with construction of the Wharf Street culvert likely not to commence until October 2016. Design and regulatory preparation will continue simultaneous to the DFO permit process.

The project does not require further council approvals in order to proceed as long as it remains under the budgeted allotment of $1,170,000. If more money is needed, council will need to approve it in the 2015 budget. A new council may choose to cancel the project altogether.

That won’t, however, eliminate the County’s liability exposure posed by three buildings perched overtop Lane Creek.