Confused waters on the Pine?
The regional engineer of the Ministry of Natural Resources (MNR) found a peaceful, simple solution to the Horning's Mills historic dam/pond problem last Thursday. Or did he?
It seems now there is a disagreement between the MNR and Nottawasaga Valley Conservation Authority.
The site is the onetime hydroelectric generating station established by the Huxtable family in the last half of the 19th century. Present owner Tom Boer had been ordered to remove it by April 16, 2006, according to documents in his possession.
There had been a virtual standoff early Thursday morning between Mr. Boer and ministry officials, who had come with a contractor and an OPP guard to do the job themselves.
The contractor, who hasn't been identified, promptly decided to leave when he learned that several adjacent pond owners had threatened legal action if the ancient dam and pond were to be removed. The contractor reportedly hadn't been given indemnification.
Then, after this reporter asked the MNR's conservation officer whether there had been a court order, the officer said he was not at liberty to comment in any fashion, but appeared confused about whether the statutory right-of-entry would include a right to tear down a structure.
There followed a prolonged series of phone calls. Finally, well after the lunch hour, MNR's regional engineer, Les Pataky, arrived from Peterborough. Mr. Pataky quickly
viewed the repairs that Mr. Boer had effected when part of the old dam let go a few years ago, and said there was a problem with hydrostatic pressure, as it was too narrow. There would be no problem if it were wider, he said.
There was a way. The original dam, it transpired, was a few feet further down the causeway - constructed with removable logs, such that the level of the pond could be lowered in the event of torrential storms.
Did Mr. Boer have a way of doing that? Yes, neighbour Peter Van Heemst was prepared to do the work over the weekend. He said he'd done the same thing elsewhere many times.
That was Thursday. A day later, Mr. Boer said in a phone interview Sunday, he received a letter from the conservation authority telling him he'd be charged if he proceeded with any work on the dam.
"I went ahead anyway, so maybe I'll be in court," he said.








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