Aggregate, Landscapes and Watersheds: A Brief Overview

Transcription

1 Aggregate, Landscapes and Watersheds: A Brief Overview presented by Judy Stewart, LL.M. (PhD Candidate) CEAC Aggregate Exploration and Extraction Policy Workshop Cochrane Ranchehouse May 25, 2015

2 Aggregate extraction is a land-use Aggregate extraction is considered a temporary land use, as the land will eventually be reclaimed and used for other purposes. Rocky View County Plan, p.67

3 Aggregate: A temporary land-use

4 Aggregate = permanent changes to the landscape and watershed

5 Overview Alberta s growth and sand and gravel How the workshop emerged Why the workshop is important How the day will unfold Some policies and laws

6 Growth in the Calgary Region and need for sand and gravel The Calgary region has about years of gravel available, if growth projections remain stable. Example: Cochrane growth management Strategy forecast 5% from , declining to 2% over time. Growth has exceeded 10% for the past two years.

7 Calgary growth projects Since 1985, population growth has been on an upward trend with some minor fluctuations. The pace of growth accelerated from 2010 to 2014, as Alberta and Calgary outpaced the rest of Canada in employment growth, and created an attractive destination for out of province job seekers. Region-Economic-Outlook/Calgary-and-Region-Economic-Outlook Spring.pdf

8 Growth may slow down in 2015 ƒthe Alberta economy will enter a recession in 2015, as investment in the oil patch plunges in response to sharply lower oil prices. Real gross domestic product will rebound in 2016, but the recovery will not be terribly vigorous until the following year. Economics/Calgary-and-Region-Economic-Outlook/Calgary-and- Region-Economic-Outlook-2015-Spring.pdf

9 Housing starts will not tumble quite as much as they did in Housing starts have actually lagged the rate of household formation since the 2009 recession, leaving most markets in a comparatively favourable position. Total employment will fall 0.8 per cent in 2015, as companies lay off employees in response to the drastically lower oil price environment. Net migration to Alberta will slow down considerably in This is in response to reduced job availability in Alberta and increased economic incentives to remain in the rest of Canada.

10 Calgary s population forecast ,195, ,228, ,259, ,287, ,700 new ,315,700 people over 8 years ,342, ,368, ,394,900

11 We all need sand and gravel Roads Driveways Buildings Drainage and landscaping Where does it all come from? Private or public lands?

12 How the workshop emerged Cochrane Environmental Action Committee is hosting the workshop to provide an opportunity for community partners to develop shared community values/approaches to municipal aggregate policy development. Build awareness and meet face to face to discuss issues and interests where no conflict already exists.

13 Private landowners and surface rights Law of Property Act, s. 58: Sand and gravel 1980 as section 54 Not much has changed A complex history of surface rights in 4 parts

14 Law of Property Act Sand and gravel 58(1) The owner of the surface of land is and is to be deemed at all times to have been the owner of and entitled to sand and gravel on the surface of that land, and all sand and gravel obtained by stripping off the overburden or excavating from the surface, or otherwise recovered by surface operations.

15 Sand and gravel are not mined (2) The sand and gravel referred to in subsection (1) is deemed not to be a mine, mineral or valuable stone but is deemed to be and to have been a part of the surface of land and to belong to the owner of the surface. The Mines and Minerals Act does not apply. Sand and gravel are extracted from the surface, not mined.

16 Notwithstanding. (3) Notwithstanding any patent, title, grant, deed, notification, conveyance, lease, licence, agreement, disposition or other document, issued or made before, on or after April 7, 1951, and that contains or reserves mines, minerals or valuable stone, the owner of the mines, minerals or valuable stone in any land is not entitled to the sand and gravel in that land referred to in subsection (1) as against the owner of the surface of the land.

17 (4) If, before April 7, 1951, sand and gravel have been dealt with or removed from any land (a) by the owner of the mines, minerals or valuable stone, or (b) by a person claiming through the owner, acting in good faith and in the honest belief that the owner or person was entitled to it, the owner of the surface of the land has no right of action for damages or for compensation by reason of that dealing with or removal of the sand and gravel other than any right of action that the owner of the surface of the land would have had if the person who dealt with or removed the sand and gravel had been the owner of it.

18 Surface Rights Act 1972 Defines minerals, and excludes sand, gravel on private lands as per Law of Property Act

19 (e) minerals Surface Rights Act does not include (i) sand and gravel or clay and marl that belong to the owner of the surface of land under the Law of Property Act

20 A Recipe for Conflict Private landowner who purchases and maintains land for location, for peaceful and quiet enjoyment and pursuit of suitable occupation = Private landowners who purchase and maintain large tract of land for the sole purpose of sand and gravel extraction

21 CEAC will not take a position But, we can bring people together to create awareness and try to begin conversations needed to resolve conflict. Met with the public, Rocky View County, and industry, and all wanted to communicate with each other needed a forum to talk about municipal policies for exploring and extracting sand and gravel on private lands.

22 Why the workshop is important We need to discover the values people have about aggregate extraction on private land Need to explore aggregate policy together, where everyone has an equal voice Need to develop awareness of pre-existing culture and social systems in rural landscapes where aggregate pits are being developed Need to open lines of communication not based on conflict and rights Need to focus on the perspectives, interests and issues.

23 What will CEAC do with the workshop proceedings? Workshop proceedings will be compiled and provided to workshop participants and Rocky View County, to help frame social, cultural, economic, and ecological values for Aggregate Exploration and Extraction Policy.

24 How the day will unfold Morning Listening with open minds Listen to one another and different perspectives and experiences Panel discussion before lunch An opportunity to ask a question Afternoon Collective problem solving Put our minds to three policy questions faced by Rocky View County Share our discussions and learnings

25 Why do municipalities need aggregate policies? Consistent approach to addressing common planning and development issues when applications are submitted to explore and extract aggregate on private lands. Minimize conflict and develop approaches for consultation and agreement among affected private landowners

26 8.15 The South Saskatchewan Regional Plan: new provincial policies Municipalities are expected to minimize potential conflict of land uses adjacent to natural resource extraction, manufacturing and other industrial developments.

27 SSRP: Efficient use of land principles SSRP Appendix 1: pp Principle 1: Reduce the rate at which land is converted from an undeveloped state into permanent, built environment Reducing the human footprint.

28 The need for County policy to cover all aspects of aggregate mining Aggregate exploration Extraction/day to day operations Hauling to market Conflict resolution processes Completion and reclamation of site Future land use opportunities Regional impacts not just project by project Cumulative impacts not just project by project

29 The landscape Aggregate exploration The watershed *** policy considerations The people who live there The existing land uses reasonable expectations The proposed pit and size of pit Proof of aggregate supply and quantity Proof of economic value and costs of public infrastructure roads etc.

30 Aggregate exploration and extraction as a policy overlay Aggregate exploration and extraction policy could form a policy overlay implemented when applications are made for natural resource (aggregate) extraction land use redesignation.

31 Processes precede land use designation Before land use is redesignated for natural resource extraction, the requirement for certain engagement processes and scientific studies would help applicants, local governments, and citizens understand the rights, social, cultural, economic and ecological cumulative effects of aggregate extraction in that particular place in time.

32 Aggregate life-cycle conditions and social license to operate Life cycle conditions imposed at the time of approval of subdivision of land or development permit. Conditions formulated based on engagement processes during land use designation. Citizens would know the true costs and benefits of the extraction of natural resources before extraction operations occur.

33 Some policies and laws that apply to aggregate extraction on private lands Alberta website:

34 Sand and Gravel Pits (On Private Land) Sand and gravel are non-renewable resources used extensively for roads and building materials, often involving land disturbance to create a pit.

35 EPEA defines a pit Environmental Protection and Enhancement Act pit is an opening, excavation or working of the surface or subsurface of the land to remove any sand, gravel, clay or marl.

36 Regulation of pits require a registration under EPEA Class I pits Approximately 550 Class I pits on private land in Alberta five hectares or more in area subject to the Code of Practice for Pits or an existing approval under the Environmental Protection and Enhancement Act Pits with an existing approval must convert to a registration by November 1, 2008

37 Class II pits (less than 5 hectares) Estimated 1,500 to 2,000 Class II pits (private land) 650 Class II pits on public land Are all pits on public land Class II pits?

38 Facts about Class II Pits less than five hectares (on private land) any size (on public land) subject to the requirements of the Act and the Conservation and Reclamation Regulation Operators must comply with all requirements of the Environmental Protection and Enhancement Act and its regulations and Codes of Practice. In addition, they must comply with the Alberta Water Act and all other applicable provincial and federal laws.

39 Guide to the Code of Practice for Pits explains how sand, gravel, clay or marl are regulated. Operators must comply with all requirements of the Environmental Protection and Enhancement Act and its regulations and Codes of Practice. In addition, they must comply with the Alberta Water Act and all other applicable provincial and federal laws.

40 Municipal authority Municipalities may require approvals for rezoning and development permits. The permit allows the municipality to decide pit locations, hours of operation, buffers, noise, dust, haul routes, and traffic control. Operators must also have written permission from all registered owners of the land on which the pit (and other facilities) are located.

41 Sand and gravel exploration Well-planned operations determine the extent of overburden (surface material) and the sand and gravel (aggregate) deposits using auger drilling, backhoes, or both. Type, distribution, thickness and variability of deposits are recorded. Quality of the materials is established along with their size, the extent of waste material and their position in relation to the water table. Volumes of materials to be extracted are estimated and operations planned to maximize efficiency.

42 Washing operations In typical washing operations, screens remove large materials. Hydro-separators wash away silt, clay, soil, organic and other very fine particles from the aggregate. Further screening can be done to separate gravel, coarse sand and fine sand depending on the grade of product desired. This system requires settling ponds and a pit water collection system.

43 Minimizing environmental impacts Particularly beside creeks, rivers, lakes and other bodies of water, slumping can be a sign of stability problems. A geotechnical assessment or evaluation may be required. Stability may also be an important consideration in ensuring safety of operations.

44 Pit construction and operation activities expose land to erosion that can lead to an accumulation of silt in rivers, lakes and other bodies of water, thereby degrading the environment and resulting in topsoil loss. Erosion control must be given serious consideration during development and planning stages. Vegetation is one widely used control for water and wind erosion. Buffer zones of undisturbed vegetation of varying widths around pit operations enhance safety, prevent erosion and silting, reduce noise and dust, provide wildlife corridors and make an area look more attractive.

45 Dust in urban and residential areas When pit development encroaches on urban and residential areas, dust may become a concern. Air monitoring equipment may be required to monitor exposure levels. (Dust is defined as a "substance" under the Environmental Protection and Enhancement Act and must be controlled.)

46 AESRD oversight Alberta Environment and Sustainable Resource Development expects industry to continuously review operating practices and equipment to improve environmental performance. Samples of discharged pit water must be collected and analyzed for ph and total suspended solids; presence of oil and gas must be evaluated and the registration or approval holder must record and retain copies of all sample analyses.

47 Continuous improvement Minimize the development's footprint disturbance of sensitive environments, water use dust, noise contamination

48 Continuous improvement Maximize resource extraction, improved effectiveness of soil handling equipment and processes, direct placement of topsoil speed of progressive reclamation.

49 Reclamation Progressive reclamation is recommended during pit operation as it may take two to three years to return the land to an equivalent capability. Once a development stage is completed, overburden and subsoil can be directly placed into depleted pit areas to achieve the contour grade for reclamation.

50 Reclamation Certificate required Reclamation should focus on restoring gentle landforms, establishing equivalent drainage and reconstructing an acceptable soil. Reclaimed land surfaces must be at least one metre above the water table's shallowest depth. A Reclamation Certificate is required under the Environmental Protection and Enhancement Act.

51 Focus of reclamation restoring gentle landforms, establishing equivalent drainage and reconstructing an acceptable soil.

52 End land-use The end land use for the pit should be decided during the planning stage, in consultation with the landowner. This is based on an assessment of the type of operation, its location and surrounding uses.

53 Typical end land-uses cultivation, hay land, pasture, native grassland, forest, wildlife habitat, water bodies, and industrial or residential subdivisions.

54 Using the land for commercial forestry is suitable where the adjacent land use is commercial forestry or native forest growth is present. A pit's depth may limit forest production. Reclaiming a pit for wildlife habitat usually involves creating a diverse environment that meets the needs of many species. Rolling, hummocky terrain with random patterns and irregular slopes, edges and contours is more suitable than flat unprotected terrain. Sometimes surface water bodies are created (e.g., fisheries, wildlife, recreation, stock watering, etc.).

55 Enforcement AESRD inspectors conduct random, unannounced and planned inspections. These are more frequent where a pit has a history of non-compliance or if it is in an area with environmental issues or public concerns.

56 Community Aggregate Payment Levy Regulation/ AR Applies to all municipalities that pass a community aggregate payment levy bylaw. Sets out requirements of a levy bylaw Establishes a levy rate /tonne = maximum.25 cents can be less Some exemptions municipal pits and Crown ownership Paid monthly or quarterly Goes into general revenues as a form of tax

57 Knowledge and experiences What really happens on the landscape? What really happens to the watershed? What conflicts arise and how are they resolved? How does a municipality address all competing values and set standards? How is policy development done? How is public consultation done during policy development?

58 On with the speakers Grab some paper during the break and write down your questions for the panel. Listen with open minds. All perspectives are valid.