News clips: court upholds majority decision approving Walker’s new quarry

From Clearview Community Coaltion July 11 2013
The Superior Court released their decision yesterday. It is not the result that we had hoped for and, in our view, it is not the correct decision. The court deferred to the June 2012 decision of the two OMB members who approved Walkers’ new quarry, rather than accept the dissenting opinion of the Environmental Review Tribunal (ERT) member and the arguments of the Niagara Escarpment Commission and the Clearview Community Coalition lawyers, who argued that the OMB members had made errors in law.  From the outset, we were unlucky that there was only one ERT member on the hearing panel.

The NEC and CCC sought a judicial review, in part, because they were concerned that the June 2012 decision could be precedent setting if the Niagara Escarpment Plan and the Ministry of the Environment Guideline that assesses haul route impacts are applied in the same way to future aggregate applications.  This decision underlines the importance of the Aggregate Resources Act (ARA) review and the upcoming Niagara Escarpment Plan Review.  If the Niagara Escarpment is to be preserved for future generations it needs protection from the devastating impacts of quarrying.  Additionally, when the Niagara Escarpment Commission on the advice of their staff does not support a quarry application that decision must be given more weight by municipalities and hearing panels.  The ARA must also provide better protection to communities by requiring a thorough analysis of community impacts using the principles of environmental assessment, particularly where there is an existing quarry operation that has grown incrementally and the community has never had the benefit of an analysis using true baseline conditions.
The Clearview Community Coalition was formed  early in 2009 and many members were involved as individuals several years before.  We would like to thank the 1000s of people from the community, the Georgian Triangle and the Province who have supported our efforts.  Together we have worked tirelessly to advance a different vision for Clearview Township and the Niagara Escarpment – a hard fought battle, but a fight worth fighting.

NEC challenge to quarry dismissed
By Emily Innes, Collingwood Enterprise-Bulletin July 11, 2013
DUNTROON – The Ontario Superior Court of Justice has dismissed a legal challenge to Walker Aggregates’ plans to expand its quarry west of Duntroon.
A Consolidated Board hearing had given the quarry the OK last summer in a 2-1 vote; however, that approval was challenged by the Niagara Escarpment Commission, which filed a judicial review application with the courts.
The case was heard on April 25 at Osgoode Hall in Toronto by a three-judge panel.
The NEC argued the two members of the Consolidated Hearings Board who supported granting Walker a license made legal errors in its decision by not considering the Niagara Escarpment Planning and Development Act.
As a result of the one-day hearing the courts concluded, according to a press release from Walker Aggregates issued late Wednesday afternoon, “The decision of the majority Joint Board reveals no legal error and is reasonable, given the governing legislation and policies and evidence before it.”
The court has directed the NEC to pay legal costs to Walker Aggregates of $15,000, and jointly to the County of Simcoe and Clearview Township of $5,000.
“I’m extremely pleased with the decision for many reasons. It gives finality for employees who have always had uncertainty about their job,” Ken Lucyshyn, vice-president of Walker Aggregates, told the E-B Wednesday. “I’m happy for Walker to be able to continue doing business.”
Lucyshyn says the decision means about 25 people will continue to be employed for roughly 30 years, depending on the market.
“(The employees) have been told and they are quite happy,” said Lucyshyn. “I anticipate that they are celebrating with their families knowing that they will have work next spring and for a long time into the future.”
The Ministry of Natural Resources approved Walker’s current quarry site rehabilitation plan to be amended in April, which will allow another 600,000 tonnes of aggregate to be accessed by changing the requirements for the finished slope.
This will allow work to continue until the end of the year and Lucyshyn says, though they have a lot of work to do before starting on the site, they anticipate employees can head back to work next spring to start on the new quarry.
Lucyshyn said most of the work was halted while waiting for the decision, and therefore they still need to obtain permits, finalize a financial security arrangement with Clearview Township, and complete the Adaptive Management Plan for the quarry expansion.
“We are very grateful for the support we’ve received during the long legal process to get the expansion approval from our employees, Clearview Township, Simcoe County, our neighbours, customers and suppliers, local businesses, the Ministry of Natural Resources, Ministry of the Environment, and many, many others,” stated Lucyshyn in a press release.
The Adaptive Management Plan allows the quarry to be 59 hectares and Lucyshyn says they estimate they can extract 38 million tons of aggregate.
Ken Whitbread, manager of the Niagara Escarpment Commission, says it is too soon to comment on the decision and the judgement will be presented at the NEC’s meeting next Thursday.
Janet Gillham, the president of the Clearview Community Coalition, told the E-B she is “very disappointed” about the decision.
“This is not the decision that the Clearview Community Coalition (CCC) had hoped for,” stated Gillham in an email response to the E-B. “CCC has worked tirelessly to advance a different vision for Clearview Township and the Niagara Escarpment.
“We would like to thank people from the community and throughout the Georgian Triangle who recognize the value of the Escarpment to this area, and we would also like to acknowledge the thousands of supporters from throughout the province who want to see the Niagara Escarpment protected.”

Green Light for Quarry Expansion
by Mariane McLeod Bayshore Broadcasting July 11, 2013
Superior Court dismisses legal challenge from NEC for Walker quarry expansion
(Duntroon) –
The quarry expansion near Duntroon is likely to get underway next year, after a court ruling that basically gives it the go-ahead.
Ken Lucyshyn is the Vice President at Walker Aggregates.
He says there were happy shouts from the 25 workers at the Duntroon quarry when they heard the Superior Court had dismissed a legal challenge by the Niagara Escarpment Commission to last summer’s approval for the pit.
The NEC was also ordered to pay legal fees for the company, Clearview township and Simcoe County.
Lucyshyn says work on the expansion won’t get underway until next year because the company will need to get permits and approvals for the work.
But he says it’s good news for the two-dozen workers, and for the companies in the area who supply the quarry.
Under the current plan, Simcoe County Road 91 will eventually be closed through the quarry area, and Walker Industries will pay for upgrades to nearby Clearview township roads to accommodate people who have used County 91 to travel from Grey County into Simcoe County.
Lucyshyn says once the expansion is fully operational, there won’t be much more truck traffic than there was when the south quarry was working at full speed.