2006-04-20 / Regional News

Historic power dam imperiled by MNR

By WES KELLER Freelance Reporter

The mill, circa 1950 The mill, circa 1950 It might seem a milestone in history that this month marks the 100th anniversary of Sir Adam Beck's creation of a thing which became known as Ontario Hydro, served apparently well for most of a century, and then fragmented into three parts in an ill-fated effort to bring hydroelectric rates under control.

But this year is also close to the 150th anniversary of hydroelectric generation in Melancthon Township, yet a year in which Ontario's Ministry of Natural Resources would see the historical evidence of that fact wiped from the face of the earth in a township that's now the site of a major wind-turbine power development.

The historical evidence is in the form of a small dam, a mill pond, race and flue, and a few scattered remnants of what once was a thriving mill and generator.

Lewis Horning founded the nearby settlement of Horning's Mills by manually clearing 80 forest acres in 1851, and paved the way for establishment of several mills on the Pine River. The major vestiges of these are the dam and millpond where the Huxtable family built a hydroelectric generator a few years later.

Photo/WES KELLER THE DAM PROBLEM WITH MNR: Tom Boer, standing across from the little dam that retains his historic mill pond, has been told by Ministry of Natural Resources officials that he must remove the dam and dry up the pond, exposing about 12 feet of dangerous quicksand-like sediment. Photo/WES KELLER THE DAM PROBLEM WITH MNR: Tom Boer, standing across from the little dam that retains his historic mill pond, has been told by Ministry of Natural Resources officials that he must remove the dam and dry up the pond, exposing about 12 feet of dangerous quicksand-like sediment. Nottawasaga Valley Conservation Authority's policy statement May 13, 2005, lists the millpond as being of cultural significance, although it has accumulated a silt bottom to a depth of possibly 12plus feet over its 150-plus years of its existence.

It's the mill pond that MNR wants removed, or at least lowered by four feet, an action that would expose the sediment, or erode much of it into the main stream of the Pine River, and dry up at least three adjacent ponds. Also, and more importantly says the present owner, to meet MNR's demands would be to imperil the lives of children and area animals.

Tom Boer, the present owner of the onetime Huxtable generation site, says the problem he faces is manifold. It began in 2002 when the ancient dam that holds back the pond developed a threefoot fault in the central, stream-bearing portion, of its 150-foot span, and he applied for a permit to repair it.

While he awaited his permit, the pond receded, exposing sediment that he says had the consistency of quicksand. He used snowshoes to walk on the sediment, found tracks of a dog struggling to free itself, and sank a pole easily into the murk to a depth of about 12 feet.

In the meantime, Mr. Boer had converted a barn on his property into a cabin which he donated the Toronto's Hospital for Sick Children. He says children who have undergone chemotherapy, and need fresh air as they recover, use the cabin during the summer. He says that to expose the quicksand-like silt would be to imperil those children.

"If I lowered the pond by four feet (as demanded by MNR), it would create a new hazard. It would remove two-thirds of the pond. What would be left is quicksand." Mr. Boer adds that his neighbours might sue him for taking an action that would dry their ponds. But MNR and/or the federal Department of Fisheries would either have Mr. Boer charged under Section 35 of the Fisheries Act or would remove the ancient dam themselves if he does not comply with their demands.

The May 2005 policy of the NVCA would appear to require Mr. Boer to keep the "culturally significant" dam and pond in good repair, as property owners are responsible for "operation, maintenance, repair and rehabilitation of ponds and dams." But MNR, NVCA, Niagara Escarpment Commission and Federal Fisheries all would see the dam and pond removed on the basis of someone's opinion that the dam - which has withstood Hurricane Hazel and a century and a half of spring thaws and storms - now presents a hazard "to the integrity of River Road," and a danger of drowning people downstream if it should ever burst.

Mr. Boer says that when the fault developed five years ago, he attempted to "go by the book. I didn't want to do anything sneaky (by repairing the dam without a permit). I didn't think they'd deny (a permit)."

On April 22, 2002, he applied to NEC for a permit. Two days later, he obtained two quotes on repairs: $35,000 to restore the dam, or $85,000 to create a "bottom draw" type installation to ensure that only cold water flowed into the Pine River. Although the authorities favoured the "bottom draw," Mr. Boer was advised it was against their policy to fund the $50,000 difference in cost.

According to documents within a three-ring-bound folder almost two inches thick, Mr. Boer found it prudent to effect repairs more than a month after he had not received permission. He had started installing steel sheeting by June 7, when he attended a meeting with officials from the various agencies (NEC, MNR, NVCA), and received a "cease and desist order" on July 12, 2002.

Instead of complying, Mr. Boer continued negotiations. By July 2004, MNR asked for an engineering report on remedial measures. Mr. Boer says such a report would have cost in the order of $80,000 - which he was prepared to pay - but he wanted an assurance that he would be allowed to take the "remedial measures" and retain the dam. "They said there was no guarantee."

Moving ahead to this year, neighbours in the hamlet and surrounding area have held a meeting in support of Mr. Boer. Yet he is faced with an order to remove the dam by April 16, 2005.

What is Melancthon Township's stance on the issue? Within the documents, Mayor Garry Matthews at one point wrote NVCA in Mr. Boer's support.

More recently, the township council voted not to support. Mr. Boer suspects the council's decision was based on its need to deal with the authority favourably in other matters.

Mr. Boer, who's an international manufacturer and distributor of

industrial weather-stripping and employees about 50 people, says he purchased the historic site about eight years ago because of his love for water, nature, and people.

As someone born near the dikes of Holland, he says he understands water, dams and weirs.

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