Walker starts shipping, Clearview seeks NEP amendment
Clearview Township is still seeking permission to upgrade two roads in relation to the negotiated closure of County Road 91 but in the meantime it has said that Walker Industries can go ahead and begin shipping from the expanded quarry.
Council discussed the issue in a special closed session meeting on June 15. The details of the meeting are unknown.
At the end of the meeting council passed a motion that it agrees with the township’s solicitor to proceed with requesting the appeal, as well as make an application to amend the Niagara Escarpment Plan (NEP) with respect to the 26/27 Sideroad road works.
The dates for the original appeal have been changed and there is now an Environment and Land Tribunals Ontario pre-hearing set for March.
Clearview Township staff informed Walker Aggregates that roadwork had been done to the satisfaction of the township and shipping could begin.
“As a result of this work being completed, it is Clearview Township’s obligation to inform you that Walker Industries have met the requirements of the road agreement between Walker Industries and the Township of Clearview pertaining to the improvements of County Road 91. The final works on Concession 10 and 26/27 Sideroad remain outstanding,” writes Clearview CAO Steve Sage.
Walker Aggregates started hauling on County Road 91 from the expanded quarry in July and is now shipping down the improved County Road 91, although the road closure won’t happen until the upgrades to 26/27 sideroad and Concession 10 are complete.
The decision came as a surprise to those opposing the road upgrades, including Wendy Franks, a party in the appeal hearing.
She said in preparation for the tribunal it was discovered that the road goes through two wetlands which is prohibited in the NEP and that is the reason for the amendment. It was thought that Walker Industries would not be permitted to ship aggregate from the expanded quarry as per the licence agreement until 26/27 Sideroad had been upgraded but the township is going by the exact text that improvements to 91 and 26/27 Sideroad “as contemplated by the Road Settlement Agreements be undertaken to the satisfaction of the Township of Clearview”.
Franks points out, the 26/27 Sideroad improvements are defined in the Road Settlement Agreement as “to the standard of a rural gravel surface township road”.
“It’s not defined what satisfied means but upgraded is defined and the work has not been done,” she said.
The original Duntroon quarry was running out of aggregate. Last fall, Walker Industries opened a tunnel under the road to bring aggregate from the expanded area to the processing plant on the other side.
“We’re just happy that we can remain in business. I’m especially happy that we were able to get the satisfaction of the township and preserve the 25 jobs that were there. Because if we didn’t we would have run out of aggregate and 25 people would have been without work,” said Walker Industries executive vice-president Ken Lucyshyn.
“The licence to extract and ship aggregate from the new quarry was that when the township was satisfied that the roadworks were complete or completed to the satisfaction of the township of Clearview. We weren’t allowed to ship until the road improvements were done to 91 and the township is satisfied that we have done everything we can so far with the other road improvements but they are stuck in an ERT hearing. The township is saying, it’s not our fault that happened. We have done everything that we could possibly do.”
Walker has given a letter of credit to Clearview to do the work.
“So as soon as the approvals are done then they know the roadwork gets done because we have already given them the money to do it,” said Lucyshyn.
The township is able to use the money to appeal the permit decision and seek an amendment but the more money used up in the appeal process, the less money there is to upgrade the roads.
“The burden is then that the rest of the money has to come from the roads budget,” said Lucyshyn.
The Echo attempted to contact Clearview Township Mayor Chris Vanderkruys last week but we did not hear back.
This is the latest in a quarry expansion that has been on the books for more than a decade.
The township applied for a permit to upgrade the roads as a requirement of an agreement in association with the acquisition and closure of part of County Road 91 to accommodate the expansion of Walker Industries’ Duntroon quarry. The Niagara Escarpment Commission denied the permit.
The settlement came out of a joint board hearing and the permit is required as a result of a change in legislation that came into effect afterwards.
