Valley Voices Newsletter #50
29 November, 2006
"We shall never achieve harmony with land, any more than we shall achieve absolute justice or liberty for people. In these higher aspirations the important thing is not to achieve, but to strive." - Aldo Leopold (ecologist, conservationist, land ethicist)
For the past several years Valley Voices has been working extremely hard to prevent the development of a large-scale gravel pit in the Shelter Valley. During this time we were opposed at every possible turn by both Alnwick-Haldimand Council and Shelter Valley Aggregates, the developer. Delays and non-responses were the norm - to this day we still have not received a reply from Council to the citizens' issues expressed three years ago! This has not changed over the years.
After the pre Hearing, as we worked with our lawyer and the experts we hired to gather evidence for the Ontario Municipal Board (OMB) hearing at which we were a Party, it was clear that the provincial and municipal policies strongly favour issuing pit licenses, the land had been designated for gravel both provincially and locally and, we had no support whatsoever from our local Township Council. When all four experts' questions and concerns were met to their satisfaction by various amendments to the site plan e.g, setbacks, berming, water table level, accurate contour base mapping and bore holes, our experts and our lawyer told us our evidence was such that there was no reasonable, legal likelihood we would succeed in preventing the rezoning of the land to permit gravel extraction or in preventing the consent for the private haul route to the pit.
At this point we had to question the wisdom of presenting a case at a full hearing of the OMB that had little or no chance of success, thereby losing everything but gaining a pit with no regulations and incurring financial debts well beyond our means, or, alternatively, negotiating a settlement that would best protect members and give us ongoing dialogue with the owner and pit operator forever. With the OMB hearing about to start, a decision had to be made quickly and we went to the membership and received your approval to change our strategy.
Our priority then became fighting to obtain the most stringent conditions and changes on the site plan to mitigate the impact on the environment and the lives of the area residents to the very best of our ability. Protection of residents' water quality was a priority.To have all conditions on the site plan would mean forever, even with a change of ownership.
On Thursday, November 23rd, Ontario Municipal Board Chair Chee-Hing in his interim decision approved the rezoning of the pit lands for aggregate extraction, but reserved judgment on the issuance of the pit license and the site plan, and also reserved judgment on the easement consent for the private haul route to connect the pit to Turk Rd east. His final decision is expected shortly.
It is important to understand that until an environmental assessment of the unopened Turk Road allowance is conducted and passed (required to construct a haul route to County Road 25) and the road is actually built to the required standards, Shelter Valley Aggregates will not be able to proceed with their plans to open the pit.
So, although it may seem to some that we have lost the war, it is important to realize that we have won a great many very important battles. Your Board of Directors and lawyer Virginia MacLean have worked tirelessly over these past years along with the support of all our members to fight this pit.
Has it been worth the effort?
Absolutely!
All of the following are now on the site plan because of our experts
and our lawyer and your support.
Our early opposition gained us a guarantee that Shelter Valley Road would not even be considered as part of the haul route.
The unopened Turk Road allowance will be opened and built to municipal standards, fully paid for and maintained by SVA, but only after passing an Environmental Assessment (EA). It is by no means sure that an EA will permit the haul route.
Trucks are prohibited from traveling on Turk Rd west of the pit and must go east to County Road 25. Construction of the entranceway will be done in such as way as to ensure this.
The toxic waste, including DDT, at the south end of SVA's property, which poses a health threat to our area, will be cleaned up at no cost to the taxpayers. This is not just a promise - it is a requirement. It must be done before any extraction can occur. The Ministry of the Environment will have to certify the cleanup.
The original proposal was to clear-strip the entire area and then start extraction. The pit will now be developed in four stages, starting at the south end and working northward. A buffer zone of trees will be left in place to block the view of the pit and act as a noise barrier.
Aggregate companies have been notoriously bad about rehabilitation and put it off as long as possible (or simply don't do it). With this operation, each stage must be rehabilitated before the next stage can be started.
Access to the pit is now through an east side entrance instead of through the environmentally sensitive section to the east or the contaminated areas at the south end.
The interior haul route will be designed at a lower elevation to reduce noise and visibility as much as possible with berming on the west side.
Forested berms to protect the neighbours on Turk Rd from noise and dust will be set back an additional 30 metres. There will also be an additional 30 metre setback on the Jansen property boundary and pond. There will be no building of berms at the SW corner and NW corner during the summer, as a dust preventative for the Jansens and residents on Turk Rd.
The overall size of the operation has been substantially reduced.
Six wells at the closest residences will be surveyed and tested to provide baseline information for future reference under Ministry of the Environment guidelines, and the results will be provided to the residents.
Four groundwater table monitors will be set up around the perimeter to ensure that the pit operations stay at least one and a half metres above the water table. Monitoring will occur quarterly prior to excavation, and monthly during the first year and then at least annually. Geodetic elevations (elevations above mean sea level) will be established.
Annual noise level monitor testing will be conducted by independent experts.
The north field and boundary of the most northerly pit area will be planted with biologically appropriate trees and other vegetation for the area and will be maintained.
Because our expert hydrogeologist/engineer provided a great deal of technical information and mapping (information that SVA and the Township should have done themselves!) SVA has agreed to a payment of $25,000 to offset some of Valley Voices' technical costs.
Noise audits from nearby residences will take place annually as well as audits of equipment.
Finally, and perhaps most important, a Citizens' Liaison Committee will be part of the Site Plans on file with the Ministry of Natural Resources. The Committee, made up of five area residents and representatives of the pit owner and the operator is being established to receive information on the status of the operation and work towards resolving any unresolved complaints and practice violations. The committee will receive all reports that are required by the site plans such as water monitoring, noise audits, internal haul route access locations, pre Area C compliance verification and progressive rehabilitation reports. Valley Voices will appoint the original five area representatives on the committee. There must be at least one meeting annually and the committee may meet more often and operate in accordance with a more detailed terms of reference that is agreed to by all committee members. Several people have already indicated they would like to be on the committee.
The battle is not yet over! The Turk Road extension must still pass an Environmental Assessment before it can become a haul route to County Road 25. Without a haul route there is no pit - and Shelter Valley Rd is not an option. We must continue to monitor the activities of our "unwelcome neighbour" over the coming years. VVRA will continue to work in the best interests of our community. If you are interested in being one of the members of the Citizens' Liaison Committee, please contact one of the Valley Voices Board of Directors.
We will be advising you of a General VV Meeting in the new year.
A big THANK-YOU to everyone from Valley Voices Board of Directors for your support over the past three and a half years and into the future!
