burnco gravel pit in parkland county

8/9/2019 Burnco gravel pit in Parkland County

1/26

mrrgn,

ubdivision and Development

Appeal

Board

53109A

Hvry779

Parkland

County,

Alberta

T7Z

lR1

Email:

[email protected]

PARKLAND COUNTY

SUBDIVISION AND DEVELOPMENT APPEAL BOARD

File

No

Appeal

by:

14-D-446

Lynne, Harvey, Sara,

and Jason Scheideman

Lynne

Scheideman on behalf of Community Group

Minnie

and Bruce Fielhaber

Glenn lssac,

North Saskatchewan Riverkeeper

Glen Schiltroth

Zabrina

Gibbons on behalf of Gunther, Emily

and Ethan Tondelier

R. Roy

and Sharon Topping

Kristi Anderson, Mewassin

Community Council

Hearing

date:

January 19 and 20, 2015

Decision

date:

January

29,2015

Members

present

Mark Gunderson

Darrell Hollands

Richard

Underwood

Tracey Melnyk

Dianna Mattson

Jackie McCuaig

DECtStON

Page t of24


2/26

Notice

of

Decision of the

Subdivision

and

Development Appeal

Board

Basis

of appeal

There were nine appeals

filed

with respect to an approval

by

the

Municipal Planning

Commission

(the

Development

Authority )

of

a

development

permit

application

made

by BURNCO Rock Products Ltd. for

a

development

permit

for

a

Natural Resource

Extraction/Processing

use

(Gravel

Extraction) on

portions

of

the

NW,

SW, & SE 36-51-

03-W5; NW, NE,

&

SE

26-51-03-W5; Plan

0022781;

Blk 1

,

Lot

1;

Plan

0022781,

Blk2,

Lot

1.

and Plan 9620357, Lot 5

(the

Proposed

Site ).

One appeal was withdrawn

prior

to

the continuation of the

hearing

on January

19,2015.

Description

of

Application

The

appeal before the Subdivision and

Development Appeal

Board

( Board )

deals

with

the approval

by

the

Development

Authority of

Development

Permit

14-D-466

(the

Development

Permit) for

the development of a

Natural Resource Extraction/Processing

Use

(Gravel

Extraction)

on

portions

of the

NW,

SW, & SE 36-51-03-W5;

NW, NE,

& SE

26-51-03-W5;Plan

O022781,

Blk 1, Lot

1

;

Plan 0022781,

Blk2,

Lot

1

;

and

Plan

9620357,

Lot

5

(the Proposed

Site ).

The properties are zoned ANC

-

Agricultural/Nature Conservation District in Parkland County Land Use Bylaw 20-2OO9,

as

amended.

Natural Resource Extraction/Processing is

a

discretionary use

in

the

ANC

District.

The

Proposed

Site is

approximately

311

ha

(768

acres)

in

size

and

is bordered

by

agricultural lands to

the east and

west,

Highway 627 to

the

north and

the

North

Saskatchewan River to

the South.

Currently,

the

Proposed Site is being used

for

agriculture.

The

Development Permit was approved

by

the Development Authority on October

20,

2014.

Notice of the

issuance

of

the decision

by

the

Development Authority was mailed

to adjacent landowners on October 23,2014.

Page2 of24


3/26

Adjournment

The

hearing

was

commenced on December

2,2014.

The hearing was

adjourned until

January 19,2015.

Submissions were heard

by

the Board

on January

19

and

20,2015

The

hearing

was

closed on January

20,2015.

Hearing

The

Board heard verbal submissions from

K. Kormos, Development

Officer,

Parkland County

M. Frigo,

Senior Planner, Long Range

Planning, Parkland

County

B. Backstrom,

Community

Peace Officer

(Gravel

Haul),

Parkland County

L.

and H. Scheideman,

appellants,

in

favour

of the appeal

L. Scheideman,

on behalf

of

Keephills

Community Group,

appellants,

in

favour of the

appeal

M

B. Fielhaber,

appellants,

in

favour

of

the appeal

G. Schiltroth and

C.

Sekura,

appellants, in favour

of the appeal

Z. Gibbons, on behalf of G.

E.

and

E.

Tondeleir, appellants,

in

favour of the appeal

R.

S. Topping, appellants,

in

favour

of the

appeal

K.

Andeson,

on behalf of the Mewassin

Community Council, appellants, in

favour of

the

appeal

C. McRae,

an affected neighbour, in favour

of the appeal

R.

Stecyk,

an

affected

neighbour,

in

favour

of

the

appeal

J. Thompson,

an

affected

neighbour,

in

favour

of the appeal

D. K.

Strand, an affected neighbour, in

favour

of the appeal

S. Burns, Chairman

of

the

Board

and owner

of

BURNCO

Rock Products

Ltd,

the

applicant, in

opposition to the

appeal

U. Scheidegger,

Property Manager

Northern Alberta Aggregate

Division, BURNCO

Rock Products,

in

opposition to the

appeal

Page3

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4/26


5/26

Decision:

ln determining

these appeals, the

Board

complied

with

the

provincial

legislation and land use

policies;

the

Municipal

Development Plan, Bylaw 347-2007;

and the

Parkland

County Land Use Bylaw,

Bylaw

20-2009;

had regard

to the

Parkland

County

Environmental

Conservation Master Plan,

Phase

I Background Technical Report;

considered all the relevant

planning

evidence

presented

at the

hearing

and the

arguments made; and

considered

the

circumstances and merits of

the

appeals.

A.

The appeals are

denied

B.

The

Development Permit is issued for

a Gravel

Extraction

and

Processing

use on

ONLY that

portion

of the Proposed Site shown as

Approved

in Development

Permit

No. 14-D-446 on the Plan attached

to

and

forming

part

of this decision

(the

Plan ).

C.

The

approval

is

subject to the

following

conditions

Conditions

1.

Pursuant to

Section

12.12(1Xb)

of the Land Use Bylaw this approval shall

be

subject to the area of disturbance shall be

greater

than

5.

t

ha

(12.5

acres) but

no

greater than

approximately

18 ha (45

acres)

more

or

less. For the purposes

of

this Condition the area of disturbance means the total are

of those

portions

of

the

Proposed

Site being

prepared

for

excavation, being excavated

and

being

reclaimed at any one

time.

a

a

a

Page

5 of24


6/26

2.

This

approval

is CONTINGENT

on the applicant obtaining Code of

Practice for

Pits

approval from

Alberta

Environment and

providing

Parkland

County

with

a

copy of that approval.

3.

The applicant shall ensure

any

and all

provincial permits

and/or

licenses

necessary for the operation of the Gravel Extraction and Processing

Use are

obtained and remain

current,

which

shall

include

but

not

be

limited

to approvals

from Alberta Environment, approvals under the Water Act

(if

required)

and

approvals

from Alberta Transportation.

4.

There shall be no clearing of

trees

between

April

1Sth

and July 31st

as

required

by the

Alberta Wildlife

Act and the Migratory Birds Convention Act.

5. Prior to entering into an lndustrial Haul Agreement the applicant shall enter into a

Development Agreement regarding the requirement to make improvements

to

Range

Road

31,

upgraded to an industrial standard, acceptable

to

Parkland

County Engineering Department.

6.

The applicant shall comply

with

Parkland

County s

Dark Sky Outdoor Lighting

Policy for

the

life

of the

project.

7.

This

approval

does not

allow

for

any

road

closures

8.

The

applicant

shall

enter

into

an

lndustrial

Haul

Agreement with Parkland

County,

prior

to commencing

hauling

operations

from

the

pit,

and

provide

such

security as

required

by

Parkland County.

Page 6 of24


7/26

9.

Hours for Haulinq

The

removal of

sand and/or

gravel

from

the

pit

location

hauling)

shall take

place

only within the hours specified

by

the development

authority:

6:00

a.m.

to

6:00

p.m.

Monday

to

Friday

8:00 a.m. to

4:00

p.m.

Saturday

No hauling

on Sunday

10. Hours

of Operation

The

hours of operation for

the

pit,

including

extraction,

reclamation

and the

processing

crushing)

of

materials shall

be:

24

hours/day six days/week

Six

6)

days

is

defined as 6:00 a.m. Monday to 6:00

p.m.

Saturday

No

operations from 6:00

pm

Saturday until 6:00 am Monday

11.

Dust and Noise

The

applicant shall

a)

conduct operations

in

a

manner

that ensures that the

noise level

or

continuous sound from the operations

shall

not, either

during the day or at

night

time,

exceed

55 decibels

dBA)

Leq

when measured

at

the

property

line

between

the

site and adjacent

land.

Sound

levels

shall be

measured

by

a

Sound

Level Meter

as defined

in

the Community Standards

Bylaw. ln

order to

achieve this

sound

level

the

applicant

shall

use methods to minimize

or

reduce noise

created

by

machinery

and equipment

including

but not

limited

to

enclosing crushers in

a

sound

and

dust control blanket enclosure,

installing

PageT

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8/26

sound absorbing

baffles on electrical

generating

sets and using rubber liners

on conveyor belts

at transfer

points.

b)

lnstall sound monitoring

equipment on the

site

to

conduct ongoing 24 hour

monitoring

of

noise levels

at

the

site and

provide

the results of

this data to

Community and Protective

Services

by

the 1Sth of

each

month for

the

previous

month;

and

c)

Ensure compliance with

the Environmental Protection Enhancement

Act

regarding

dust and

air

quality.

12.

The applicant

shall

post adequate signage to alert to

the

possible danger from

open

pits,

etc. This

signage shall also include

company name and

emergency

contact

phone

numbers.

lt shall be

the sole

responsibility

of the

applicant to

ensure that such signs and fences and

boarding are

put

in

place

as the applicant

shall consider

necessary

to

protect

the

public

generally

and

the

residents

of the

area

in

particular

from

any danger arising

as a

result

of the development.

13. The applicant

shall

preserve

all existing stands

of trees and shrubbery outside

the development area for environmental and sound attenuation purposes.

14.The

property

shall

be securely

gated

and locked when not in

use

15.Weed

control measures

are to be

in

place

for life

of

pit.

The

applicant shall

consult

with Parkland

County's

Agricultural

Services to develop

and

implement

an active weed control

program

for the

gravel

pit

operation.

16.

The

applicant shall keep the

area, subject

to

the development

permit,

in

a clean

and tidy condition free

from

rubbish and non-aggregate

debris, including

any

required

screening

or

buffering to

the satisfaction of the Development Authority,

at

alltimes.

Page

8 of24


9/26

17.Trucks

while

hauling

shall

be numbered

and

properly

identifiable to the

satisfaction of

the

Parkland County.

18.The

applicant shall ensure that alltrucks/haulers associated with

this

development are registered with the Alberta

Sand and GravelAssociation

Central

Truck Registry

Program.

19. No aggregate extraction shall be located within 10 m

33.0

ft)

of any

public

road,

unless othenryise approved by the Development Authority.

The Development

Authority may require certain buffering/screening measures

occurwithin

this

setback.

20.Any

changes or additions to

this

permit

shall

require

a

new

development

permit

application.

21.

Failure

to

conform to the conditions of

this

permit

will

render it

null

and

void

22.The applicant shall ensure that the Aggregate Production

Quarterly

Report

is

submitted

to

Parkland County

as

per

the specified conditions and

time

lines

in

Bylaw

No.2014-14.

23. This

approval

will

be time-limited for two

2)

years,

at which

time

the

permit

may

be renewed at the discretion of the

development authority.

24.The applicant shall

provide

a

revised

operation

plan

showing

revisions

to

cell

or

phases

as a

result

of the

reduction in

the

size

of

the

area

for

the natural resource

extraction

use

gravel

extraction)

from

the original area

proposed

by the

applicant

to the area approved

by

the

Board for

development of the

gravel

extraction

use.

The

revised

operation

plan

shall be

provided

to Parkland County concurrently

Page9

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10/26

with the execution of the Development Agreement required

pursuant

to Condition

5

of

this approval.

25.

Alternative Water

Supplv

Should any

nearby

water

well

users advise

the applicant that they believe their

water

supply

has

been negatively impacted due

to the

gravel

extraction activity

the applicant

shall:

a)

provide

a

user

with

a temporary alternate supply

of

potable

water

within

eight

(8)

hours

of being advised

the

user

is

without

water.

The

temporary alternate

supply

shall

include water

suitable for livestock

if

the impacted well

also

supplied water to

the

user s livestock.

b)

hire

an

independent

consultant

within 10

days to determine the

cause of the

problem;

and

c)

provide

the

user

with

a

permanent

alternate water

supply unless the outside

consultant determines

that the

gravel

extraction activity has had no impact

on

the user s

water

supply

26. No

aggregate extraction shall be located

within

30 m

(98.5

feet)

of the banks

of

Wabamun Creek and

the

Un-Named

Creek.

27 .This

approval does not include approval for

the

activities

of asphalt mixing

or

spraying truck boxes.

Reasons:

The Board

considered the

written,

verbal and

photographic

evidence

submitted.

This

included the answers to question Board members asked

of

the presenters.

The

appeals

pertain

to an approval by the Development Authority

of

Development Permit

14-D-466

approving

the

development of

a

Natural

Resource Extraction/Processing

Use

(Gravel

Extraction)

on

the

Proposed

Site. The

Proposed

Site is

zoned ANC

-

Page 10

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11/26

Agricultural/Nature

Conservation District in Parkland

County Land Use Bylaw 20-2009

as

amended.

Natural Resource

Extraction/Processing is

a

discretionary use

in

the ANC

-

Agricultural/Nature

Conservation

District.

Gravel extraction

and

processing

clearly

falls within

the

Natural Resource


use class.

Preliminary lssues

Adiournments

The hearing was

convened

on

December

2 2014 and

then

adjourned

to January 19

2015. The

adjournment

was

granted

in

response

to the

request

of one of the appellants

who

indicated to

the

Board

that

he had not

had sufficient

time to

prepare

for

the

appeal.

The

date

of

January 19 2015

was selected and

the

Board indicated

that

no

further

adjournments would be

allowed.

The

Board

directed that

allwritten

submissions be

fonuarded to

the

Board

by

January

8 2015

in order to allow time for

submissions to

be

made available

to the

public

for review.

On January 19 2015

one of the appellants again requested an

adjournment

indicating

that because

of their absence

from

the country during

the

holiday

season they had not

had sufficient time to

prepare

for

the appeal. The Board noted that

the

Board had

taken

into account the appellants absence from

the country

in

setting

the

date for the

continuation of the hearing. The

Chair

further indicated

that the Board had

been

very

clear back in December

that

no

further

adjournments would

be

allowed.

The

Chair

indicated

that the hearing would

proceed

as scheduled.

Composition

of

the

Board

The Chair

introduced

the

new member

of

the Board that had not

been on the

panel

of

the

Board

that commenced the hearing on December

2 2014

Richard

Undenryood and

asked

if

there were any objections

to

his hearing

the

appeal. No

objections were

raised

The

Chair asked all those

in

attendance

if

there

was

any opposition to the composition

of the Board.

One

appellant raised

objections to Councillor T. Melnyk

and Councillor

D

Page

ll

of24


12/26

Hollands

sitting as

members

of

the Board. With

respect

to

both

Councillors the

appellant

questioned

whether

the Councillors had an open mind

on the

issue

of

gravel

extraction as both

had

made

comments

previously

that led the

appellant

to

believe

that

the

Councillors had likely already made

up

their mind to approve

the

Development

Permit.

The comments

by

the

Councillors

were made

outside of the

hearing

on

previous

occasions

when

the Councillors

were

acting

in

their capacity as Councillors.

The

Chair

requested

comments

from

both Councillors

in response

to the appellant s

objection.

Both

Councillors indicated that they believed that they did have an

open

mind;

they

had not made

a

predetermination

as to the outcome of the hearing and

would

base their decision on the evidence they heard at the hearing. ln view

of the

comments from

the

two

Councillors, and

in

the absence of

further

or ongoing objection

from the appellant, the Chair concluded that

the

hearing

could

proceed

with the

Board

members

present.

Merits

Appellants

Subm

issions

On November

5,

6 and 7,2014

the

appellants

filed notices

of appeal to appeal the

decision of

the

Development Authority approving

the

Development Permit for

a

Natural

Resource Extraction

and

Processing Use (Gravel

Extraction).

Nine

appeals were filed.

As

of the continuation of the hearing on January1g,2015 one

of

the appeals had

been

withdrawn.

The

appeal notices cited, as reasons for the appeal:

.

non-compliance with

the Municipal Development

Plan;

.

traffic safety and concerns

with

the

increase

in

the traffic volumes on Highways

627 and77O;

.

adverse

impact

on the environment and

in

particular

adverse

impact on

the North

Saskatchewan

River

and the Sturgeon Hole Reach Environmentally

Significant

Area

(identified

in the

Parkland County Environmental

Conservation

Master Plan

as an

Environmentally

Significant

Area

of

national importance);

Page

12

of24


13/26

.

loss

of agricultural

land;

.

reduction

in

the value

of

property;

o

development is

proposed

for the flood

plain;

o

destruction of

the

valley

and loss

of

natural

amenities in the

neighbourhood;

.

noise; and

o

potential

impact

on water supply for neighbouring

properties.

The appellants

provided

detail

to the

Board

with respect

to the

grounds

of appeal

during

the course of the hearing.

Supportinq the Appeals

Those

who

spoke

in

support of the appeals

expressed

concerns similar to

those

of the

appellants.

Applicant s

Subm

issions

Representatives

of

the

applicant

provided

an over view

of the

proposed

development,

spoke of

the

need

for

aggregate

in

the

Edmonton

Area,

provided

an indication

of

BURNCO s

plan

for responding

to

users complaining of loss

of

well

water, explained

the

traffic impact

assessment

that

had

been completed

and answered

questions

from

the

Board on

the

potential

environmental impact

of

the development. The

applicant asked

that

Condition

23

of the Development Authority

approval

be deleted. Condition 23

of

the Development Authority

stated:

This

approval will

be time-limited for two

(2)

years,

at

which

time

the

permit

may

be renewed

at the discretion of the

development authority.

Supportinq the Application/Refusal

of

the appeal

The individuals

who spoke in

support of the

application

identified

the need for

aggregate

in

the

province,

indicated

that in

their opinions

(non-expert)

that the time

to undertake

the aggregate extraction

was

now

and expressed

the

view

that the

reclaimed

land

would

become

a

natural

attraction and complement

the

river

valley.

Page 13

of24


14/26

The submissions of all of the speakers,

whether for

or

against the appeals, are

summarized

in

the

Minutes of

the

Meetings

for

the Parkland County Subdivision

and

Development

Appeal Board for

January

19,2015 and January

20,2015.

Analysis

The

Board had

regard

to

the

following sections of

the

Land

Use

Bylaw,

Bylaw

20-2009

Part

6 Glossary

Section

20 Terms and Words

NATURAL

RESOURCE EXTRACTION

/

PROCESSING means development for the

removal, extraction and

primary processing

of

raw materials. Typical resources and raw

materials would include oil and

gas,

peat,

sand, silt and

gravel,

shale,

clay,

marl,

limestone,

gypsum

other minerals

precious

or

semi-precious,

timber

and coal.

Typical

facilities

or uses

would include

gravel pits and

associated crushing operations),

asphaltic

processing,

sand

pits,

clay or

marl

pits, peat

extraction,

stripping of topsoil,

sawmills

and

related timber/wood

processing.

Part2

Land

Use

Districts

4.2.

ANC

-

Agriculture/Nature

Conservation District

1.

Purpose

To

protect

areas

with

distinctive

natural features and/or resources, such as the North

Saskatchewan and

Pembina River valleys,

Atim

Creek

/ Big Lake floodplain,

and other

areas with comparable

natural features

and/or

resources,

while

providing

opportunity

for

compatible agricultural and non-agricultural

land

uses.

Page

14

of24


15/26

PERMITTED

DISCRETIONARY

NOTES

Note: Gray

shading denotes Discretionary Uses

sub, ect to

Development

Authority

(excluding

D

eve

I

op me

nt Off

ce

r) Ap

p

rov

al

NaturalResource


Compliant

with Section

12.12

Natural Resource

Extraction/Processin

g

2.

Uses

Part

3

Development

Regulations

Section l2

Specific Use Regulations

12.12.

Natural Resource

Extraction / Processing

1. Notwithstanding

the

Permitted

and

Discretionary

Uses

prescribed

within

the various

land

use districts within

this Bylaw, sand and/or

gravel

developments

contained

within

the

Natural Resource


use

provision

shall be neither

permitted

nor

discretionary if

proposed

in

the following:

a)

within

a

multi-parcel

residential

subdivision or within 304.8 m

(1,000.0

ft) of

the

boundary of a multi-parcel residential subdivision or

a

row housing

development. Notwithstanding the

aforementioned, extraction

and

reclamation

only uses

and activities

(i.e.

no washing,

crushing,

processing,

etc.)

may

be

permitted

on a discretionary

basis

within

304.8 m

(1,000.0

ft) of

the boundary of a multi-parcel residential

subdivision or

a

row housing

development; and

b)

where

the sand and/or

gravel

pit

and associated activities have

a disturbance

area of less than

5.1

ha

(12.5

ac) on a

parcel.

Therefore,

allsand and/or

gravel pits

shall

require

municipaldevelopment

permit

approval,

but

reclamation issues,

including

performance

security, shall be under the

Page 15

of24


16/26

provincial

jurisdiction

of

Alberta Environment

and Sustainable

Resource

Development.

2. The Development Authority shall require as a condition of development

permit

approval for a

new

or

renewal

aggregate extraction

use, or an expansion to an existing

aggregate extraction operation, that the applicant s)

acquire all

necessary

provincial

permits

and approvals

pertinent

to the

proposed

development.

Further,

the

applicant s)

shall be required to supply

a

copy of any such

provincial permit

or approval to the

County for its records.

3. ln

considering

whether

to approve aggregate extraction as

a Discretionary

Use,

as

described

in

Subsection 16.5 of

this

Bylaw,

the

Development Authority may

also

consider

the

uniqueness of each application

for

a

new

or

renewal


use, or an expansion to an existing aggregate extraction operation,

and

have additional

due regard for the following:

a) the

purpose

of this

Bylaw

and

the

general purpose

of the

district in

which the

development

is located and the future use of the site as

proposed

in

a

reclamation

plan;

b) the

provisions

of the Municipal Development Plan and any

relevant

statutory

plan;

c)

relevant

guidelines prepared

by

Alberta Environment and their comments

on

applications

made for

provincial

approval;

d)

the desirability

to

utilize the aggregate

resource as a regional benefit;

e)

conservation of topsoil

for

agricultural

use

on

this or another

site;

0

conservation of designated

historical resources;

Page

16

of24


17/26


18/26

(ii)

ensure compliance

with the Environmental Protection

Enhancement

Act regarding

dust and air

quality.

6. The

applicant(s) shall

locate

appropriate safety and traffic signage on and about the

subject site and

road

accesses, to the satisfaction of

the

Development Authority.

7.

An lndustrial

Haul

Agreement, between Parkland

County

(Public

Works

Operations

Department)

and the

land

owner/developer

of


incorporating,

but

not

limited to, such things as haul routes, maintenance, dust control,

security, signage,

participation

in

the

Alberta

Sand and GravelAssociation

central

truck

registry

numbering

system, notification to local residents, and other related clauses is required

as a condition of

a

development

permit.

8. Hours for Hauling

a) The removal of sand and/or

gravel

from the

pit

location

(hauling)

shall take

place

only within the hours specified by the Development Authority. The

Development

Authority

shall have

regard

to

but

is

not bound

by

the following

guidelines:

(i)

6:00 a.m. to

6:00

p.m.

Monday

to

Friday

(ii) 8:00 a.m. to

4:00

p.m. Saturday

Section

12

Specific Use

Regulations

-

July

8,2014

149

(iii)

No hauling

on Sunday

9.

No new

aggregate extraction or expansion of an existing operation shall be located

within 20.1 m

(66.0

ft)

of

any

public

road,

unless othenruise approved

by

the

Development Authority. The

Development

Authority

may require certain

buffering/screening measures occur within this setback as outlined

in

Subsection

12.12.10

below.

10. All stripping, excavation,

and

grading

shall be in

conformancewith

Subsection 11.8

of

this Bylaw.

Page 18

of24


19/26

11.

The

applicant shall keep

the

area, subject

to

the development

permit,

in a clean

and

tidy condition

free from

rubbish

and

non-aggregate

debris,

including

any required

screening or buffering to

the

satisfaction

of

the

Development Authority,

at all times.

12.

Approval Timelines

a)

Development

permits

for the

purpose

of sand and/or

gravel

extraction

in

Parkland

County will be time-limited for a maximum

of two

(2) years

for a

brand

new

operation,

with

subsequent renewals of

up

to a

maximum

of

Alberta

Environment and Sustainable Resource Development reclamation

approval

period, provided

there have been no significant issues with

the operation.

b)

Wth respect

to aggregate

pits

that currently hold a valid

development

permit

as of the date of adoption of this Bylaw, these

pits

are allowed to continue,

however,

any application for a renewal of a

time

limited

development

permit

or

amendment to a

permit

shall be subject to

the

provisions

of this Bylaw.

The Board

considered whether

the

proposed

development

complied

with

the Municipal

Development Plan, Bylaw

37-2007

having

particular

regard to

the

following

sections:

Policy

2

Agricultural Lands

Goal

To

protect

and enhance the County s valuable agricultural land resource,

the agribased

economy

and the

rural lifestyle, while

still accommodating appropriate nonagricultural

land

uses.

Policy 5

lndustrial

and Commercial Development

The

importance of aggregate resource extraction

operations

is recognized

by

the

province

and

Parkland

County. The County

also

recognizes

that

resource

extraction

Page

19 of24


20/26

may

be

a

temporary

use of the land so

that

it is important

that adjoining land

uses, as

well

as the

environment, are not

adversely

impacted

by

extraction activities

and that

future

reclamation

is

carried out according

to

Provincial

and

County standards.

Resource Development

Policies

Protect

Resource

Extraction

Areas

Locational Criteria

Policy

6

Environmental

Management

Policy

6.2

Biophysical Assessment

5.13

New

subdivision

and development,

particularly

residential,

may

be

directed away from

active

and

potential

non-renewable

surface

resource

extraction areas

so as

not

to

conflict, or

constrain, the extraction

of the resource.

5.14

Resource

extraction

development

proposals

may be discouraged

in

close proximity

to

hamlets,

predominantly

residential

areas

or in areas which

are known

to

possess

historical resources

and/or

unique

environmental features

that would

be

disturbed

or destroyed

by

resource

extraction.

6.2

A

Biophysical Assessment

will be

required

for

a site

proposed

for

a

Multi-parcel

subdivision or

a

major

development if

all or

part

of

the site is located

within

areas defined

as environmentally

significant

in

the Environmental

Conservation Plan

see

Map

5),

and

may

be required within

0.8 km

of areas

defined as environmentally

significant

in

the

Environmental

Conservation Plan,

or if the site

contains natural

features

such as sloughs

or

extensive tree

cover. The

biophysical assessment

shall identify

and evaluate

the environmental

significance

and sensitivity of existing vegetation,

Page20 of24


21/26

wetlands, other water features, wildlife

habitat and

unique

physical

features,

and shall

recommend

appropriate

measures

for

protecting

significant

features.

There was no area structure

plan

applicable to the Proposed Site.

The Board

acknowledges the

written

and oral submissions

of all

parties.

The Board

considered

all

relevant arguments

and

relevant

evidence

whether in

support

of or

against

the

appeals

of

the decision of

the

Development Authority.

The

proposed use,

Aggregate

Extraction and

Processing

Gravel Extraction), clearly

falls

within the Natural Resource Extraction/Processing

use

class.

The Proposed Site

is

zoned ANC

-

Agricultural/Nature

Conservation

District

in Parkland County Land

Use

Bylaw 20-2009,

as

amended.

Natural

Resource Extraction/Processing

is

a discretionary

use

in

the

ANC

-

Agricultural/Nature

Conservation

District.

Having

considered the

provisions

of the Land Use Bylaw,

the

Board has

determined

that it

has

jurisdiction

to

grant

the

Development Permit

provided

that the Board is

satisfied that

the discretionary

use of aggregate extraction and processing

is

appropriate for the Proposed

Site

given

relevant

planning

considerations such as, but

not necessarily limited

to, the

policies

of the

Municipal

Development Plan,

the

impact

the

proposed

development will have

on

surrounding

land

uses,

the

impact of the

proposed

development

on the environment and

the

potential

traffic

impacts

of the

proposed

development.

The

Board concluded

that the

proposed

development

complies

with

the

policies

of

the

Municipal Development

Plan. The

Board is

cognizant of the fact that there is a

potential

conflict between the

policies

related to the

preservation

of agricultural

land

and the

recognition

in

the Municipal Development Plan of

the

importance

of aggregate

resource

extraction operations.

ln

this

instance,

the Board

is

satisfied

that

the temporary

use of

Page2l

of24


22/26

the

Proposed

Site

for


should be approved. Portions

of the

Proposed

Site

will be reclaimed for

agricultural

purposes

thereby

supporting

the

policy

of maintaining

agricultural

land

as a county

resource.

There

are farm residences

adjacent to the

Proposed

Site but the

area

is not

predominantly

residential.

Rather the

surrounding area

is

agricultural in nature

being bordered

by agricultural lands to the

east

and

west, Highway

627 to the north and

the

North

Saskatchewan River

to the

South.

The Board

considered

the

fact

that

the

Parkland

County Environmental

Conservation

Master

Plan, Phase 1 Background Technical

Repoft identified

the area around the

Proposed

Site as

the

Sturgeon

Hole Reach,

a

nationally

significant Environmentally

Significant

Area.

Having considered

the

representations of

the

appellants

the

Board

was

concerned, though not

convinced, that an aggregate

efraction

use immediately

adjacent to

the

North

Saskatchewan River might have

an adverse impact

on

the

Sturgeon

Hole

Reach.

The Board noted that

the biophysical assessment

submitted

with

the application

(Highway

627

South

-

Phase

1

Environmental Baseline

Study

-

Westworth Assocrafes

Environmental

Ltd., August

2003)

did not specifically

consider

the

Sturgeon Hole

Reach. Without

specific evidence

to

prove

that the

proposed

use

would

not cause irreversible

damage to the Sturgeon Hole Reach

the Board s

considered how best to

alleviate

its

concerns about

the

possible

risk

to

the

Sturgeon

Hole

Reach.

The

Board concluded

that the

potential

negative impact

of the aggregate

resource

extraction/processing

use could be reduced

by creating a

greater

separation

between

the areas to be excavated

and

the

North

Saskatchewan River.

Consequently

the

Board

decided to limit

the area that can be developed for

aggregate

extraction/processing

under this approval

to the area shown on

the

Plan.

lf

or

when

this

Development

Permit is renewed

(as

anticipated

by Condition

23,

of this approval)

further

consideration can be

given

to

how the

Sturgeon

Hole Reach

can

be

best

protected.

The

Board

also

noted

that limiting the size

of the

proposed

development would reduce

the

impact of

the

proposed

development with respect

to the

potential

loss of agricultural

Page22 of24


23/26

land

and the negative impact the development might

have on the surrounding area.

Further,

by

creating

greater

separation

between the North Saskatchewan River and

the

site of the excavation activity the threat of a catastrophic

destruction of

the

river bank

in

the event of flooding is reduced. By limiting

the

size of the area of

disturbance,

as

provided

in

Condition

1,

the

negative visual

impact of

the

proposed

development

is

reduced

as

the entire area cannot be left

in

an excavated

state.

The applicant

will need

to

engage

in

ongoing

reclamation

in

order to satisfy

Condition

1.

The

potential

impact

of the traffic from the

proposed

development,

particularly

the

gravel

truck traffic, was a major concern for the

appellants.

The

Board has

no

doubt that

over

the

past

ten to twenty

years

the volume

of

traffic on Highways

627 and 770 has

increased.

However,

the

Board

was

not

convinced that the additional number of gravel

trucks travelling on the two

highways

as a result of

the development

would mean

that

the utilization of the

highways

would exceed the capacity

of the highways. There was

no

evidence

provided

to the Board that Alberta Transportation,

the

provincial

department responsible for the

operation of the

highways,

had expressed concerns

about the existing

volume

of traffic on the highways

or concerns

with

respect to the

addition of

gravel

trucks from the

proposed

development travelling on

the

highways.

The Board noted

the evidence of the applicant

that its

gravel pit

operation

in

Genesee

will

be winding down as

the

development

of

the

proposed development ramps

up.

The

Board was

satisfied,

given

this evidence, that

any

impact from

the addition of

gravel

trucks serving

the

proposed

development

would

be offset

by

the

reduction

in

gravel

trucks

from

the Genesee

gravel

pit

operated

by

the applicant.

The Board was

swayed

by

the concerns of the residents with respect

to the

potential

noise from the

proposed

development. ln response

to

resident

concerns the Board

varied Condition

11

from the

condition

imposed

by the Development Authority

and

has

imposed

the

requirement

that

noise from

the operation of

the aggregate extraction and

processing

use

should

not exceed

55 decibels

dBA)

Leq. This level of noise was

selected

as that

is

the maximum

sound

level

permitted

in residential

areas

pursuant

to

the current Parkland County Community Standards Bylaw.

Page23 of24


24/26

Beyond

its request that

Condition 23 should

be

deleted the applicant

provided

no

evidence

to the

Board

that the requirements

of the Land Use Bylaw

in this

regard

should

be varied. Without

evidence to support

the

waiver

of

this

requirement

the

Board

was

not

willing

to exercise its discretion

to

vary

the

time

limit imposed

on development

permits

for

aggregate

resource

extraction uses

in

the

Land Use

Bylaw.

Gonclusion

Based

on the evidence before

it

the

Board

is

satisfied that with

the

reduction

in

the

size

of the area approved for

development of the

aggregate

resource

extraction

use and

the

conditions

that

have

been attached

to this Development Permit

an aggregate

extraction and processing use

is

an appropriate

use

for

portions of

the

Proposed Site.

Whether

the

gravel

extraction and

processing

use continues to be

an

appropriate

use

will be re-evaluated

at

the expiry of

the term of the Development Permit

assuming

that

the

applicant applies to renew

the

Development

Permit.

M. Gunderson

Chair

SUBDIVISION

AND

DEVELOPMENT

APPEAL

BOARD

This

decision may be appealed

to

the

Court

of

Appealof

Albeta

on a

question

of law

or

jurisdiction

pursuant

to Section

688

of the

Municipal

Governmenf

Act R.S.A.

2000 c. M-26.

This

section requires

an application

for

permission

for

appealto be

filed

with

the

Coutt

of

Appeal

of

Alberta

within 30 days

of

receipt

of

this

decision

Page24 of24


25/26

* *O*h.ue

LEDUC COUNTY

sri,

HRE,

Delorme,

Mapmylndia, @

Burnco

-

Development

Permit

No.

14-D466

Approved

in Development Permit

No. 14-D-446

ffi

R rou d

from Development Permit

No. 14-D-440

Environmentally

Significant Areas

Map Scale:1:60,000

Date

Saved:

Wednesday,

Januaty 28,2015

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26/26

burnco gravel pit in parkland county

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