Puslinch councillors say they will not support the Neubauer gravel pit application until the Ministry of Natural Resources justifies changes to the boundary of a nearby Area of Natural and Scientific Interest (ANSI).
“I can’t support the decision,” Mayor Dennis Lever said on March 2, referring to the ministry’s approval of boundary changes last year.
He said MNR officials offered no scientific reasoning for altering the boundary of the Galt Moraine ANSI, one of 500 in the province, which has been identified as having earth science values related to natural heritage protection, scientific study or education.
The original ANSI, established in 2000, is oval-shaped with a meandering boundary that does not seem to follow any other geological or transportation features in the area. The revised boundary approved last April is smaller, with straight edges; it appears to follow many property lines and roads and does not include most of the Neubauer pit property near the corner of Concessions 2 and 7.
According to the MNR, the new boundary “best represents the core features of the moraine, which have remained relatively intact and as much as possible free of cultural features.”
However, according to Lever, the ministry “decided to draw a line somewhere on a map” – and until that issue is rectified he can support neither the St. Mary’s Cement application for an official plan amendment nor the subsequent rezoning required for the Neubauer pit. Puslinch council last year requested an MNR official appear as a delegation to explain the changes to the ANSI boundary, but that request was denied.
St. Mary’s has applied to the county and township to rezone 28.3 hectares (70 acres) from an agricultural designation to an extraction industrial zone. The extraction area will be about 24.5 hectares (60 acres) and produce about 750,000 tonnes of material every year – with 100,000 coming from below the water table – and about nine million tonnes in total.
Glenn Harrington, who represents St. Mary’s Cement, told council last week the company will take steps to mitigate impacts on those living near the proposed pit, including installing a berm and planting trees to blend in with other natural features of the area.
Harrington noted St. Mary’s has addressed all the issues brought up during a peer review of its application, and is asking Puslinch council for two things: the removal of its objection to the Neubauer licencing process (filed because the zoning is not yet in place) and a statement of support for its official plan amendment at the county (which would be followed by a township rezoning process).
But several councillors took issue with the proposal as it relates to the ANSI.
Ken Roth, for example, wondered how close to the ANSI boundary extraction will take place and how deep it would go. When informed by Harrington St. Mary’s will extract right to the ANSI boundary and to a depth of 15 metres, Roth wondered how the company would prevent eroding of the ANSI.
Harrington said the company will re-create a three-to-one slope with vegetation. He also noted there is no required setback from an ANSI, as there is for a wetland, and added the plan was reviewed by MNR officials.
Councillor Susan Fielding said that may be so, but the township still has concerns with the ANSI, even though those have little to do with St. Mary’s.
In fact, Lever thanked the company for working on several issues with the township’s hydrogeologist, but stressed the “big problem” for him is the relocation of the ANSI boundary.
Fielding said she agrees, but she wondered what process exists, if any, for the township to question the MNR’s decision on the boundary.
“We need to find out,” Lever replied. “Once the change is made [in the county’s official plan], it’s made … Someone’s going to have to prove to me [the boundary] is correct.”
He acknowledged it may delay things for St. Mary’s Cement, but the mayor suggested having an independent consultant review the matter and decide if they agree with the ministry’s revised ANSI boundary.
“I’d feel a lot more comfortable if we had more information,” councillor Jerry Schmidt agreed.
Council unanimously defeated a resolution to support the St. Mary’s official plan amendment and to withdraw council’s previous opposition to the Neubauer pit licencing process.
