Protecting Escarpment Rural Land (PERL)

May 2nd (tomorrow) is the Provincial by-election for the electoral district of Milton, which includes much of North Burlington and the Mount Nemo Plateau.

Since their election in 2018, the Ontario Progressive Conservative party has repeatedly attempted to undo land, water and threatened species protections.

Recent polls show Liberal candidate Galen Naidoo Harris with a narrow lead, and observers are predicting a very close by-election. To all eligible residents please use this important opportunity to VOTE! ✍️❌✅🌎

https://voterinformationservice.elections.on.ca/en/election/8-by-election-may-2-2024/59-milton?pollDivisionId=1178042

Tonight in Burlington! Join the community for a fun and informative meeting. Learn from wildlife biologists about the remarkable habitat at risk of being destroyed by Nelson Aggregate Co. on the Niagara Escarpment's Mount Nemo, a UNESCO World Biosphere Reserve.

We’re looking forward to seeing you at Brant Hills Community Centre. With special guests (and special chocolates for the first 40 people through the door!) you won’t want to miss tonight’s meeting. Doors open at 6:45, meeting starts at 7:00 sharp!

We’ll be giving an update on the current state of the Nelson Aggregate’s expansion application, as well as introducing you to the latest initiatives to raise awareness of the Jefferson salamander and support for our advocacy work.

Looking forward to seeing you!

Happy New Year!

Last month, the Office of Ontario's Auditor General released a damning report on the province's management of aggregate resources. The report validates the serious problems and concerns that citizens, municipalities and community groups have been raising for years.

Ontario Auditor General's damning report on aggregate industry confirms local concerns The value for money audit found there isn't enough oversight of the aggregate industry by the Ministry of Natural Resources and Forestry and that pit operators often don't follow the rules.

Happy New Year.

In December, Ontario's Auditor General released a scathing report on the province's management of aggregate resources. The report validates the serious problems and concerns that citizens, municipalities, and community groups have been raising for years.

Today the Waterloo Record published this article on the findings:

Ontario Auditor General's damning report on aggregate industry confirms local concerns. The value for money audit found there isn't enough oversight of the aggregate industry by the Ministry of Natural Resources and Forestry and that pit operators often don't follow the rules.

By Paige Desmond
January 5, 2024

A damning report on the aggregate industry released by Ontario's Auditor General in December confirms what many local politicians and residents have been saying for years — the industry is operating without enough oversight and pit operators often skirt the rules. The value for money audit was conducted between January and August 2023 and involved a comprehensive review of data on the aggregate industry including files at the four district Ministry of Natural Resources and Forestry branches and data from The Ontario Aggregate Resource Corporation. The audit makes numerous recommendations that if implemented would represent an overhaul of the industry.

“The Auditor General's report was great,” North Dumfries Mayor Sue Foxton said. “It said all the things we've been saying for a hundred years.”

North Dumfries is home to about 50 gravel pits. It's hard to drive from one point in the township to another without passing at least one aggregate operation. Foxton has long advocated for aggregate reform, including investigating whether there is a need for more pits. That's something municipalities aren't permitted to consider when a property owner applies for a zone change that paves the way for a pit to open. Municipalities decide zone change applications, while the resources and forestry ministry issues licences under the Aggregate Resource Act and oversees the industry. “They've thrown out licences like candy in a Santa Claus parade,” Foxton said. “A lot of licences have never been activated, there's land just sitting there.”

North Dumfries is mentioned in the auditor's report because of its large quantity of pits. The report said the ministry's staff have no mechanism to consider cumulative impacts — the combined impacts of a concentration of pits — when it considers pit licence applications. Cumulative impacts have been raised as an issue at the municipal level when councils consider zone changes, including in North Dumfries in Wilmot. The Middle Street Pit in Wilmot is one example. It's the seventh approved pit on a short stretch of Snyder's Road East, surrounded largely by residential properties. “The siting of multiple pits and quarries together can have cumulative (or combined) negative impacts on surrounding communities, local roads, and ecosystems (such as a loss of local natural areas) beyond the individual impacts of any one site alone.”

Considering cumulative impacts is not a new idea and has been implemented in B.C.Residents and politicians alike have repeatedly raised concerns about the number of pits locally including how they're operated, impacts on the environment, rehabilitation of the sites and whether operators are following the rules. The Auditor General's report confirms many of those concerns.

Report findings include:
• The ministry had a significant shortage of experienced aggregate inspectors, with 41 per cent of the 34 inspectors, as of May 2023, holding their designation for less than one year;
• That shortage of inspectors has contributed to low and declining inspection rates, with inspections decreasing 64 per cent between 2018 and 2022, a trend that started pre-pandemic and can’t be fully explained by COVID-19 restrictions;
• There is high noncompliance within the aggregate industry, with between 36 and 52 per cent of inspections completed deeming the operation satisfactory. Between 2018 and 2022 1,750 inspections identified operational noncompliance such as extracting below the approved depth or not conducting progressive rehab of the site;
• The number of failures to submit annual tonnage extraction quantities, pay annual fees or comply with extraction limits increased 74 per cent from 206 in 2018 to 359 in 2022;
• Despite high rates of noncompliance the ministry rarely sought charges;
• Fees paid to extract aggregate are likely too low to cover the costs of administering the program. Of the unpaid fees between 2018 and 2022 as of Dec. 31, 2022, 432 sites had not paid their annual aggregate fee for between one and five years, with 41 of those not paying for all five years;
• As of May 2023, 25 per cent of 1,030 operators within the four MNRF jurisdictions overseeing pits had not submitted their 2022 reports, more than seven months after the due date;
• A significant number of sites have not extracted anything within the past 10 years — 1,524 sites — and of those 257 hadn't extracted anything in 25 years. The sites sitting dormant for at least 10 years represent about 25,000 hectares of land, or about the size of Brampton, ON

A 2016 study of the Greater Golden Horseshoe Area determined the area needed about 111 million tonnes annually for the next 20 years and estimated the area had reserves of 3,337 million tonnes in already-licensed quarries and pits, more than enough to meet the 20-year demand, yet pits are still being approved.

Rory Farnan is a member of the grassroots group Citizens For Safe Ground Water, which opposed the Hallman Pit in Wilmot's Shingletown. “The Auditor General's report further reinforces CSGW's calls for a pause on all new gravel mining approvals until the province is able to guarantee the safety of our rural communities, and the natural resources that all of us rely upon,” he said.

The Reform Gravel Mining Coalition has been calling for a moratorium on the approval of new pits, giving time for a review of the aggregate industry in Ontario. In a press release on the Auditor General's report the coalition said a moratorium should be declared until all 18 recommendations and 31 action items in the report are implemented. “For too long, municipalities, First Nations and taxpayers have borne the economic, social and environmental costs of gravel mining. The Auditor General’s exposé of the crisis in aggregate management empowers local decision-makers and constituents across Ontario to say no to new pits and quarries in their communities.”

Facts on aggregates in Ontario:
• The average brick house requires 250 tonnes of aggregate or 12 truckloads to build;
• The average school requires 13,000 tonnes or 650 truckloads to build;
• The average hospital requires 94,000 tonnes or 3,760 truckloads to build;
• One kilometre of a four-lane highway requires 36,000 tonnes or 1,760 truckloads to build;
• Based on 2023 rates, aggregate operations paid $56.75 for the tonnes needed to build one average brick home, which is split between the host municipality, province, county or regional municipality and to a fund for rehabilitating legacy sites approved prior to the institution of the Aggregate Resource Act;
• Total aggregate tonnage extraction has increased from about 137 million tonnes in 2013 to about 160 million tonnes in 2022;
• Between 2010 and 2014 31 per cent of aggregate extracted was used for new roads and highways and 14 per cent for new homes, condos and apartments.

photo Mathew McCarthy

Join Ward 3 city councillor Rory Nisan on Thursday November 16, 7:00-8:30 pm at Kilbride Fire Station, 2241 Kilbride Street, at a Safe Streets Meeting, "where we can address your safety concerns in our community and explore collaboration opportunities with Halton Regional Police and City staff. Plus, come and savour a free samosa on us!" Rory Nissan, Deputy Mayor (Environment), City and Regional Councillor, Ward 3, Burlington ON.

Over the years PERL has heard from residents about concerning gravel truck traffic incidents. Having an industrial neighbour such as Nelson Aggregates brings real risks to the rural Burlington community, including dangerous trucks, dust and thrown rocks. As the city prepares its case to protect North Burlington residents, please share your insights and expectations.

CORE Burlington CORE Burlington

Brighten your doorway and support the Burlington neighbourhood!

Sep 28, 2023

Quarry expansion is back on the table

By Joan Little, Contributing Columnist

Last week, Burlington council chambers were packed, hearing 21 delegations vent frustration with Nelson’s application for an expansion to its No. 2 Side Road quarry —again — and below the water table. They asked, “How many times do we have to fundraise and fight the same fight?” Neither Nelson nor its supporters spoke.The quarry has operated since 1953 (by Nelson since 1983). As a councillor for the abutting ward in the ’70s and ’80s, I fielded calls about blasting, heavy gravel truck traffic and dust. The stock answer then to citizens — “We’ll be finished here in fiveyears.” It covers most of the block bounded by Colling Road, Guelph Line, No. 2 SideRoad, and Cedar Springs Road — now a huge chasm in the escarpment.
The application even includes Burlington Springs Golf Course to the west, and farmed prime agricultural land south of No. 2.

Nelson needs several official plan amendments — Burlington’s, Halton’s, and the Niagara Escarpment Commission’s (NEC). But they don’t make the decision. Nelson has appealed to the Ontario Land Tribunal (OLT). A recent report claims 97 per cent of its appeals get approved. As a commissioner on the NEC for 23 years, I saw an application to expand south of No. 2 rejected by the Consolidated Hearings Board in 2012 — the first quarry expansion denied on Escarpment lands. Why? Nelson had not proven endangeredJefferson salamanders nearby would be unaffected. Burlington even closes King Road annually to ensure their safe crossing to breeding ponds. PERL (Protect Escarpment Rural Lands) spent close to a whopping $600,000 for advice and experts’ attendance at that hearing.

My column after that landmark decision asked: “What’s to prevent a later application for a slightly different proposal? ”The NEC has reported to the Ministry of Natural Resource and Forestry (MNRF) for several years — ironically the ministry that issues aggregate licences. During the last update to the NE Plan in 2017, the commission passed a motion that aggregate extraction be no longer be permitted inside the plan, but MNRF dismissed it. Halton Region has a Joint Agency Review Team (JART) — a technical group representing affected agencies (city, region, NEC and conservation authority). TheJART does not make a recommendation, but assesses the documentation provided. Unable to reiterate all its concerns in this limited space, I’ll generalize: Nelson relied on too many assumptions, too little actual data, and JART is concerned about the perpetual pumping needed for its rehabilitation. More residents and groups are again raising funds, doing background research and posing new questions.

A standout group is CORE (Conserving our Rural Ecosystems) with 1,200 members. Its impressive website,coreburlington.com, features a worrisome short video of an immense dust cloud accompanying a blast. In his delegation, member Gord Pinard raised the issue of fly rock. The buried rock’s makeup causes some large pieces to appear among smaller bits during blasts that can act like missiles. Citizens also claim approved licences far exceed demand. A decade ago, PERL activists, including singer Sarah Harmer, who released “Escarpment Blues,” and Roger Goulet, spoke movingly, as did many others. Why should citizens have to spend time repeatedly planning events and fundraising to protect their neighbourhoods? That has to change.This isn’t NIMBY. Some north Burlington families have lived there for generations, and there are lots of rural residents. They would love not to have to worry about noisy blasts, cracks in walls, and well water. Heavy dump trucks line up on No. 2, then spill on to Guelph Line near a long steep hill, on an artery very busy even today.

MNRF requires a quarry rehabilitation plan with every licence. The existing quarry isno exception, and residents rely on that finality. Approval now would delay siter ehabilitation by about 50 years, residents say. Nelson is proposing a larger park and water feature than presently. Then what? A further application? North Burlington residents deserve a reprieve.

Joan Little, a freelance contributing columnist for the Spec, is a former Burlington alderman and Halton councillor.

CORE Burlington
Mayor Marianne Meed Ward
Rory Nisan
Kelvin Galbraith Ward 1
Lisa Kearns
Angelo Bentivegna Ward 6
Councillor Shawna Stolte

Aerial photos of the Nelson Quarry. Its operators are again seeking a controversial expansion.

Quarry expansion is back on the table This isn’t NIMBY, writes Joan Little. Some north Burlington families have lived there for generations, and there are lots of rural residents. They would love not to have to worry about noisy blasts, cracks in walls, and well water.

Here is CORE Burlington’s recap of Monday’s ‘Rural Forum’ in Kilbride.
Were you there? Thoughts to add?

This evening Burlington Mayor Marianne Meed Ward, Councillors Rory Nisan and Kelvin Galbraith, and City Manager Tim Commisso are hosting a 'Rural Forum' from 6-9pm at the Kilbride Firehall. (2241 Kilbride Street) A townhall discussion will happen between 7:45-9pm.

10 years ago the city held a 'Rural Summit' in Kilbride and residents expressed their priorities through this visioning exercise. 📸 Burlington Gazette

Rory Nisan
Kelvin Galbraith Ward 1
Mayor Marianne Meed Ward
CORE Burlington

Tomorrow (Monday) evening in Kilbride, discuss rural issues with Burlington Mayor Marianne Meed Ward and councillors Rory Nisan and Kelvin Galbraith.

Let elected reps know that rural Burlington and Mount Nemo can't take any more heavy industry.

As it did in 2012, the City must reject Nelson Aggregates' (Lafarge) second attempt to mine a Mega Quarry on top of Mount Nemo, and mount a strong case against the quarry proposal at the coming Ontario Land Tribunal Hearing.

Please attend tomorrow evening if you're able. Our democracy only works when we exercise our rights to clean air and well water, thriving ecosystems and farmland, a safe climate, and affordable essentials.

Mount Nemo is a fountainhead, a vital recharge area for numerous watersheds, countless people, and endangered species. To learn how you can lend support please message us or CORE Burlington.

Mayor Marianne Meed Ward
Rory Nisan
Kelvin Galbraith Ward 1

And P.S. according to provincial records, Ontario has licensed more than enough gravel to fill our needs for coming decades. www.reformgravelmining.ca

The City of Burlington, Ontario is hosting the first Rural Forum
Monday, June 19 from 6 to 9pm
Kilbride Fire Station
2241 Kilbride St.

Hosted by:
Mayor Marianne Meed Ward
Councillor Kelvin Galbraith
Councillor Rory Nisan
City Manager Tim Commisso

We encourage all residents of rural Burlington to attend this meeting and share with our officials your experiences and concerns about the Nelson Aggregate quarry and expansion plans.

As spring returns to the northern hemisphere, artist Sherry Hayes has revealed a new painting to coincide with salamander breeding 🦎 and raise funds to protect local endangered species habitats. The spotted salamander, the eastern newt, and the Jefferson salamander (federally endangered), all return to the same ponds to breed year after year on top of Mount Nemo. This is one of a few places in Canada where ‘Jeffs’ still survive and thrive.

Ms. Hayes has offered limited edition prints of her new painting ~ Within The Darkened Forest ~ to raise funds for community groups CORE Burlington and PERL. We are fighting to protect these ponds and wetlands for the long term preservation of these important species, and the greater health of all.

In 2006 PERL hired biologists to survey wetlands and tributaries on the Mount Nemo plateau. We advocated for Jefferson Salamander studies which confirmed Jefferson Salamander breeding areas, and led to the Grindstone Creek Headwaters Wetlands Complex Provincially Significant designation. Experts are now conducting further wildlife surveys and we need your help to fund this work.

Salamanders are an “indicator” species. Their presence indicates a healthy landscape. With your help we will continue to keep Mount Nemo and all of its precious inhabitants thriving for generations to come. Please help us by purchasing a limited edition Sherry Hayes print. Thank you!

https://www.coreburlington.com/artist-print-fundraiser-salamanders

Tomorrow night Town Hall in north Burlington!

PERL will be there alongside our friends in CORE Burlington to come together and organize against Lafarge/Nelson Aggregates' destructive plans for Mount Nemo. AKA "the Zombie Quarry."

Citizens, science and principled politicians won this fight in 2012, and with your help we will win it again. This time for good.

7pm, April 20th Cedar Springs Community Hall, Burlington.
Please RSVP in the link below.

And look at those nails! 💅

As you're looking ahead at the rest of your week, make sure you've got our in-person Town Hall in your calendar for Thursday at 7pm.
It's being held at the lovely Cedar Springs Community hall (2081 Grand Blvd., just off Cedar Springs Rd, north of Britannia).

It's helpful if you RSVP so we have a good sense of numbers
RSVP: https://www.coreburlington.com/event-details/core-burlington-town-hall-2

P.S. Did we catch your attention with this picture of a cute painted turtle? Taken on Sunday at Camisle golf course (just over 100m from the existing Nelson Aggregate pit).

Pressure is building. The Ford government tried to pull the wool over our eyes but nobody’s fooled. Their plans to enrich a few wealthy developers at the expense of our best farmland, wetland protection and endangered species is unacceptable. Shorting our municipal budgets by millions of dollars in development fees would put the tax burden onto us. Ontarian’s of all stripes are standing up and saying ‘no way’.

This weekend is the time to push back.
Rallies are happening all across the province on Saturday and Sunday. People who have never been to a demonstration are joining in to say- you’ve gone too far. Please add your voice and find a rally near you.
(Ps. It will make you feel good too)

Repeal Bill 23 & Hands Off The Greenbelt Days of Action - Environmental Defence Find a Greenbelt or StopBill23 protest near you!

Today (Saturday) 11 am
Rally against Bill 23 in Burlington
Brant Street N of Costco

We have never seen an assault on Mount Nemo like that being proposed by the Ontario government's Bill 23.

PERL has worked since 2005 to make sure Burlington's Mount Nemo (part of the Niagara Escarpment and Greenbelt) remains a healthy and abundant natural place. This ancient karst limestone plateau is home to some of the most important natural landscapes and ecosystems remaining in Ontario. Mount Nemo attracts thousands of hikers, climbers, and urbanites seeking nature close to home.

Along with CORE Burlington we've been working to protect:
-clean and plentiful well water for hundreds of residents
-safe air quality
-significant forest & wetland habitat for rich biodiversity and endangered species
-Class 1 farmland for food security
- headwater flood management

But Bill 23 would remove major protections for Mount Nemo and protected places all across the province! On top of that Doug Ford has announced a sell-off of 7400 acres of our protected Greenbelt.

Recap: After a 7 year battle, PERL was instrumental in protecting Mount Nemo in 2012 from Nelson Aggregates' massive quarry proposal. We brought key evidence on Endangered Jefferson Salamanders and Provincially Significant Wetlands, and our ability to participate in a Provincial Joint Board Hearing helped to safeguard the well water and the future health of the Mount Nemo plateau.

Now Nelson Aggregates is trying AGAIN to license the same protected areas they were denied just a few years ago, and Bill 23 would remove current environmental protections. Conservation Authorities would be gutted. No more Provincially Significant Wetlands protection. Habitats would be degraded and destroyed, and Endangered species would be killed. And there would be no ability to appeal decisions.

We must push back against these authoritarian and anti-science policies.

Send a message, find a rally, and fight back. 🙏👊

(Sprawl is expensive, and there is already ample permitted land for accommodating projected growth in serviced communities. According to housing advocates, Bill 23 would actually do more harm than good in creating affordable housing.)

🤥Premier Doug Ford has promised over and over again to protect the , but his government quietly dropped a plan to remove 7,400 acres of land from the Greenbelt.

These new attacks on our Greenbelt came hot on the heels of Bill 23 - which strips environmental protections to make it easier to build costly car-dependent sprawl.

📢Tell Premier Ford and your MPP to rethink Bill 23 and keep their promise to protect the Greenbelt: https://act.environmentaldefence.ca/page/117064/action/1?ea.tracking.id=fborg