Legal Precedence for Aggregate Pit Rehabilitation & a Future Vision of Oxford County

1. Legal Precedence for Aggregate Pit Rehabilitation & a Future Vision of Oxford County A Zorra Township Case History

2. Aggregate Designations & Resource Identification: • The Province of Ontario asked for identification of land containing aggregate (clay/sand/stone/gravel) • Identified as a provincial resource and governed under the Provincial Policy Statement (PPS), the Aggregate Resources Act (ARA), the County of Oxford Official Plan, Municipal land use plans • Pits and quarries are identified as an “interim” (temporary) land use in all cases

3. Zorra Aggregate Resource Map: Embro Thamesford Ingersoll

4. An Aggregate Pit in Zorra

5. A Zorra Case History • Since the 1930’s the Elliott family has owned prime agricultural land within Zorra Township, Oxford County • In approx. 1970 Federal White Cement began processing aggregate on the neighbouringLaFarge property • Prior to the 1990’s the Elliott property was designated as “Quarry Area”, a designation that restricts private property owners from certain property uses such as operation of a commercial business

6. The Elliott Properties

7. In 1998 Reed Elliott participated in an Ontario Municipal Board hearing, at his own personal expense, in an effort to remove the Quarry Area designation from his property and regain his personal property rights and freedoms re: protection and “permitted uses” of his land • The Township of Zorra requested that the Minister of Municipal Affairs and Housing refer the issue to the OMB and participated in the hearing, stating the scope as: • “Section 3.3.1.3 and Schedule Z-1 of the County of Oxford Official Plan dealing specifically with the designation of agricultural lands for future quarrying.” • OMB File # O960179 • Decision/Order # 0911

8. Decision of the OMB: The Elliott property must remain in the Quarry Area • Justification: Excluding the property from the wider quarry area (including the LaFarge, Federal White, and Global Stone [currently Carmeuse Lime] properties)would “reduce… the option for an integrated approach to resource [limestone] extraction and a program for comprehensive rehabilitation.” (emphasis added) • Section 3 of the County Plan promotes “integrated rehabilitation”

9. County Plan: Rehabilitation • “To ensure quarry extraction is viewed as an interim[temporary]use of land and to promote comprehensive and integrated rehabilitation within and between [aggregate extraction] licenses providing significant social and environmental benefits to the County.” emphasis added

10. Previous Statements Made by MNR and MOE Emphasize Rehab Statement made regarding current Carmeuse Lime property in Zorra

11. MOE Statements to Media in Response to Citizen Concerns “Old quarries are not possible landfill sites, assured Linda Girard, an environmental officer from London. Quarries are usually dug too deep and groundwater could be polluted by landfill, she said. Sites chosen for landfills also have to fit within guidelines.” -Sentinel Review, June 1991

12. Proposed Site of Walker Landfill

13. 2006 OMB Hearing • The Ministry of Natural Resources (MNR) and Federal White Cement (FWC) pursued approval to re-zone land zoned General Agriculture (A2) to Quarry Industrial (MQ) • OMB File #s M030143 and Z030179 • Decision/Order # 0732 • Background: Zorra had denied this application based on “unresolved issues regarding air quality in the Beachville Area”

14. Concerns with “cumulative impacts on groundwater” • “[I]mpactupon land uses in the surrounding area through noise and vibration levels” • Is the rehabilitation on the Site Plan consistent with the County Plan and Provincial Policy Statement? • A planner hired by FWC stated “The site would be rehabilitated progressively as the various phases were completed [quarried]… following extraction the site would be rehabilitated back to agricultural uses along with a lake, which would include conservation and/or recreational uses

15. The OMB decision was to approve the zone change, based in part on the rehabilitation site plan, a legally binding agreement with the MNR, governed by the Ministry of Natural Resources A thick cloud of particulate (dangerous dust) envelopes the FWC property and billows onto adjacent properties

16. June 2013, a plume of polluting emissions emanated from an FWC stack

17. May 2013, pollution from a FWC stack degrades Oxford air quality

18. Future Vision for Oxford! • Currently Oxford, and Zorra in particular is home to many pits and quarries • While being quarried and prior to rehabilitation the taxes drawn from these properties are low • Aggregate companies are legally obligated to completely rehabilitate their properties, restoring them to the state laid out in their site plans • Ex: Agricultural use, recreational quality, lakes, wetlands, conservation areas

19. Rehabilitation is FREE for the County of Oxford, it is the responsibility of aggregate license holders! • A rehabilitated aggregate property restores some of the value to the land that was lost during quarrying • Rehabilitation is to offer “net environmental gain” according to the County Plan

20. Pits and quarries should be rehabilitated by the companies that own them in a timely and progressive manner (according to operational phases laid out on site plans): Oxford and our municipalities must encourage this • The Valley region of Oxford will have a series of “integrated” rehabilitated quarries; where each site plan is designed to take into consideration adjacent land uses

21. Oxford can market the rehabilitated land as a draw to the tourism market: • Lakes, ponds and rivers • Conservation area lands • Recreational land • Outdoor activities like swimming, camping, snorkeling, scuba diving, hiking; to improve the health and well-being of Oxford residents and visitors • Businesses that cater to the recreation supported by the rehabilitated properties: B&Bs, cottage rentals, restaurants • Oxford supports 3000 tourism jobs: lets support this industry!

25. St. Mary’s, Ontario

26. Innerkip, Ontario

29. Conclusion • By helping enforce legally binding site plans, Oxford and its municipalities will experience a gain in usable, rehabilitated land • Recreational and conservation quality land can support a healthy outdoor lifestyle for residents and guests • Our health & environment and agricultural & tourism industries will benefit from after-uses that are compatible with healthy communities such as restored agricultural land and natural areas