Breen GeoScience Management, Inc. PMB 354, 4234 1-75 Business Spur Sault Ste. Marie, MI.

49783 (906) 248-5682 January 22, 2013 Linda Whalen, General Manager Sault Ste. Marie Region Conservation Authority 1100 Fifth Line East Sault Ste. Marie, ON P6A 6J8

Ms. Whalen, I have prepared this letter to clarify issues regarding my legitimacy to work in Canada. These issues have been raised in public comments regarding the Pointe Estates permit application, and, a false report has been made to Canada Border Services Agency (CBSA) about me illegally working in Canada. I believe that the false report to CBSA was made for the purpose of preventing me from attending the December 13, 2012 SSMRCA Board Meeting in order to make comments with regards to the Pointe Estates Permit application. I would also like to take this opportunity to reiterate my concerns regarding the potential human health risk associated with the Pointe Estates Development. At 3:30 PM on December 12, 2012, I was contacted by phone by an individual stating to be from CBSA. This individual did not identify themselves by name or position only stated that this call was a warning to me to stop working in Canada or I would no longer be allowed entry. As my wife, children, and extended family are Canadian citizens, I needed to take the threat seriously. Therefore, I could not attend the SSMRCA meeting, the day following the call, on December 13, 2012 and could not cross the border until this issue was resolved. As the alleged illegal work was conducted 18 months prior to the call, the fact that this call was made the day prior to the SSMRCA Board Meeting only confirms the caller's dubious intent. To address this issue, I retained the legal services of Gowlings, Lafleur, Henerson, LLP, who investigated my case and confirmed that I am a legal permanent resident of Canada (see attached letter dated December 2012) and have the right to work in Canada. This conclusion was confirmed by Superintendent David Deer at the Queenston/Lewiston Bridge as well as Dan Fisher at the Sault Ste. Marie Port of Entry. I also contacted James Cameron at the Sault Ste. Marie Port of Entry regarding an investigation of the call to CBSA. To date, Officer Cameron

has not been able to find any documentation or evidence that a complaint was made to CBSA. At the completion of his inquiry, he will provide me a letter stating his findings which I will provide to you forthwith. All evidence that I have obtained to date suggests that the call was illegitimate and made solely for the purpose of preventing me from attending the December 13, 2012 SSMRCA Board Meeting and commenting on the Pointe Estates permit application. Potential Human Health Risk Related to Pointe Estates I am concerned regarding the potential human and environmental health risks associated with the Pointe Estates Development. This letter represents the fifth (5th) time that I have attempted to inform the SSMRCA Board of Directors of these concerns and to recommend that a proper hydrogeologic assessment be conducted as part of the permitting process. The previous attempts included: October 12, 2010 Technical Hydrologic Evaluation, Pointe Estates Development. September 14, 2011 SSMRCA Meeting held at Sault Ste. Marie City Hall October 11, 2011 Technical Meeting held at Prince Township Hall December 26, 2011 Technical Opinion, Pointe Estates Development Primary among my concerns is the potential for septic tank effluent to migrate to the canal as well as to the lower bedrock drinking water aquifer. Coldwater Consulting Ltd (Coldwater), one of the Pointe Estates consultants, has stated that septic tank effluent will migrate to the canal in the upper water bearing unit and cannot migrate to the bedrock due to the thick sequence of clay separating the upper unit from the bedrock unit. Waters Environmental Geoscience Ltd. (Waters) stated that the thickness of the clay was highly variable, but only constructed a geologic cross section through the thickest portion of the clay leaving the impression that a substantial thickness of clay exists across the proposed development. In addition, Waters used a boring identified in the MOE database as having 30 meters of clay in their cross section. Use of this boring was highly misleading since the MOE database did not provide location coordinates for the well, and, therefore the validity of this well cannot be confirmed. Also, Waters did not present a cross section along the direction of the highest variability of the clay in order to accurately evaluate the nature and extent of this unit. This is misleading and inconsistent with common practice. My analysis, presented in the December 2011 report, clearly shows that the clay underlying at least half of the proposed development could be less than 2

1 meter in thickness to potentially not present. Also, a potential exists for the canal to encounter bedrock resulting in a direct conduit for potentially stagnant canal water containing Ecoli to migrate directly into the bedrock drinking water aquifer. This will greatly increase the potential impact of septic tank effluent on residential drinking water wells. In addition, the proposal to 'flush' out the canal and discharge canal water effluent to the St. Marys River could result in impacts to the shoreline downgradient of Pointe Louise. The October 2010 evaluation was prepared at the request of the SSMRCA in response to the Pointe Estates Development's appeal to the SSMRCA June 2010 decision to deny the Pointe Estates permit. This evaluation addressed: 1. Pointe Estates Hydrologic and Hydraulic Analysis, Technical Report, Coldwater Consulting Ltd (Coldwater) ; 2. Presentation, Coldwater Consulting Ltd, Pointe Estates ; and, 3. 2006 Preliminary Hydrogeological Impact Assessment by Waters Environmental Geoscience Ltd. (Waters) A summary of the conclusions of this evaluation were: The Pointe Estates hydrologic model analysis is invalid and does not constitute evidence that the proposed development is protective of human health or the environment. Information presented in that report clearly demonstrates that representatives of Coldwater did not follow their own technical standards in conducting the model work. Actual data was not collected as part of the Pointe Estates model analysis. This information is critical in validating the model simulations, demonstrating the effectiveness and limitations of the model, and identifying potential data gaps, and, The potential impact of the recirculation system on the water quality along the shoreline was not evaluated. Given the potential for elevated Ecoli levels, as well as other septic tank effluent constituents, this discharge could represent a significant potential threat to human health and should be addressed. The following year, I was retained to assist in the legal defense of the SSMRCA related to Pointe Estates. During that time, I was asked to provide a presentation to the SSMRCA Board of Directors on September 14, 2011. In attendance were Linda Whalen, General Manager SSMRCA, Ken Lamming, Chairman, Susan Myers, Frank Manzo, and Brian Watkins. During that meeting I presented evidence and technical analysis which supported the conclusion that there is a potential risk for septic tank effluent to migrate to residential drinking water wells. In addition, I presented evidence that the 3

2006 Waters report was deficient and misleading in it's characterization of the nature and extent of the clay separating the upper water bearing zone from the drinking water bedrock aquifer, misinterpreted MOE Guidance D5-4 pertaining to individual on-site sewage systems, and presented additional concerns regarding potential impacts related to the construction and flushing of the proposed canal. Subsequently on October 5, 2011, Susan Myers tendered her resignation from the SSMRCA Board of Directors. On October 11, 2011, at the request of Ken Lamming, I attended a technical meeting in Prince Township to further discuss the Pointe Estates Development Permit. In attendance were Linda Whalen, General Manager SSMRCA, Ken Lamming, Chairman, and Jeff Avery and M.Davies, PEng. representing the Avery Group for Pointe Estates. In that meeting, I again presented my concerns regarding the potential human health risks associated with the subsurface geology, the hydrologic modeling, and the potential risks associated with the septic systems and proposed canal. Finally, I presented the SSMRCA Board of Directors with an extensive report; with detailed supporting data and documentation, presenting my concerns with the deficiencies in the technical work to that point with the Pointe Estates Permit application. To my knowledge and in consultation with the SSMRCA technical staff, these issues have not been addressed. In addition, the latest Waters report should be released for technical review as I have yet to see it. In conclusion, I would like to restate my right to work in Canada as a permanent resident and to reiterate my concerns regarding the potential risks associated with the Pointe Estates Development. Please provide copies of this letter to the SSMRCA Board of Directors. Please also feel free to distribute this letter to other interested parties and stakeholders as you deem necessary.

encl: December 2012 Letter, Gowlings, Lafleur, Henderson LLP

ERIN BARTLETT
Notary Public, State of Michigan

County of Chippewa ay.,06, My Commission Boa Acting in the County o

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gowlings
December 2012
DELIVERED

montreal Ottawa toronto hamilton waterloo region

Cal gary

Vancouver moscow london

Lesley A. Love Direct (519) 569-4562 Direct Fax (519) 569-4062 lesley.love@gowlings @gowlings.com

Reviewing Officer Canada Border Services Agency Port of Entry Dear Sir/Madam: Re: Confirmation of Permanent Resident Status of Francis A. Breen We write this letter on behalf of Mr. Francis Breen, a United States citizen and Canadian Permanent Resident. Mr. Breen became a permanent resident of Canada in 1991 after he was sponsored by his Canadian citizen wife, Michelle Henderson Breen. Mr. Breen and his wife moved to Sault Ste. Marie, Michigan in 1992 and have resided together since that time. A permanent resident may count each day that they accompanied a Canadian citizen outside Canada towards the residency obligation, provided that the person they accompanied is their spouse or common-law partner. Therefore, the residency threshold has been met, as Mr. Breen has lived continuously with his Canadian citizen spouse since becoming a permanent resident of Canada. Mr. Breen's Canadian permanent resident status has been confirmed by Superintendent David Dear at the Queenston/Lewiston Bridge. Superintendent Dear has also confirmed that he has updated the "FOSS" system to confirm the permanent resident status of Mr. Breen. As a permanent resident of Canada, Mr. Breen is allowed to enter Canada for any reason, whether it is to work or to visit family. If you have any questions, do not hesitate to contact me. Yours truly,
GOWLINGAAFLEUR HENDERSN LLP

esley A. Love

Gowling Lafleur Henderson

LIP

Lawyers Patent and Trade-mark Agents

50 Queen Street North Suite 1020 PO Box 2248 Kitchener Ontario N2H 6M2 Canada T 519-576-6910 F 519-576-6030 gowlings.com