By Pepper Parr
May 23rd, 2017
BURLINGTON, ON
In 1972
Paul Henderson scores the “goal of the century”
The World Hockey Association begins
Global Television begins broadcasting in Ontario
Heritage Canada is established
Lester B. Pearson dies.
Average Cost of new house $27,550.00
Average Income per year $11,800.00
Average Monthly Rent $165.00
Cost of a gallon of Gas 55 cents
Richard Nixon announces he will resign
In 1972 the province of Ontario issued a license to remove shale for brick making from lands in the western part of the city
The Tyandaga Environmental Coalition Inc. (TEC) is a group of concerned residents opposed to a planned expansion of that quarry for the purpose of shale extraction.
The Tyendaga community and its neighbour – three quarry sites.
The TEC has been slugging this one out for a number of years. They incorporated as a not for profit, created a web site, put up an on-line petition – 1,850 to date and now they get ready for another community meeting at which the brick making company will explain what they plan to do next.
That next is expected to be the cutting down of something between 6,000 and 10,000 trees on the 34 acre property.
While TEC does its best to prevent the mining of shale for brick making – which will require the cutting down of at least 6000 tress Ward 1 Councillor Rick Craven Congratulates and thanks IKEA and “Tree Canada” for their recent initiative in Kerns Park where over 60 IKEA volunteers planted about 300 new trees in the park.
The irony is painful.
TEC made the comment that: “In the light of your support for the “Tree Canada” project we would also respectfully point out that just as important as the planting of saplings (for the future generation) is the saving of those trees that have already been planted and have survived all the elements both man-made and natural – trees that are now enormous contributors to our clean air, healthy lifestyle (for the current generation), and our overall well-being.
The TEC people say the “… need, at a minimum, to have the MNRF decision (to issue the original quarry license) to be re-evaluated in the light of the ‘HERE and NOW – 2016’. We appreciate that the MNRF does not have a history of reviewing their decisions but in this case we believe that the area under question has undergone such a dramatic change in the last FORTY-FOUR YEARS with the enormous growth in industry, schools, residences, traffic, etc. that it would warrant an exception to their rule.
They add that “There is also reason to believe that there are endangered species that were not identified in the original quarry request. Essentially, Forterra has become an urban quarry in a pristine area of Burlington.
As many as 9000 tress will be cut down so that the shale can be mined for brick making.
Meridian Brick (formerly Forterra Brick) plans to clear-cut approximately 40 acres of prime forest to expand its commercial shale quarrying operations (the east cell) beside the residential Tyandaga neighbourhood in Burlington, Ontario.
TEC urges the Honourable Kathryn McGarry (Ontario Minister of Natural Resources and Forestry), and, the Honourable Glen Murray (Ontario Minister of the Environment and Climate Change), to revoke Meridian Brick’s permission to quarry their east cell.
By revoking the permission to quarry this land, the government would demonstrate strong leadership in correcting planning oversights that were made decades ago, long before an understanding of fair and just environmental principles emerged in Ontario law and before the possible health hazards associated with quarry operations were fully appreciated.
Cancelling the 44-year old “sleeper” permission to quarry land held by Meridian Brick would save an important and healthy forest, protect habitat for all species, flora and fauna – including those that are at-risk and endangered and help protect Ontario’s watershed and residents’ health.
TEC is fighting an uphill battle.
In an Information document made prepared for members of council and made available to the public the city’s view point is set out. Brick making is a big industry in Burlington.
The Information document explains that: “There is considerable background relating to the quarry including but not limited to the relationship to the nearby Tyandaga subdivision, land use planning matters and details regarding the quarry licence and operation. To this end, this document will serve as a background paper that offers a summary of the key facts.”
Three areas in North Aldershot are licenced for shale extraction under the Aggregates Resource Act (ARA) – West, Centre and East. The Aldershot Quarry has been in operation since the 1920’s and was first licenced under the Pits and Quarries Control Act in 1972 and then subsequently under the ARA in June, 1990.
Under the Aggregate Resources Act, the Ministry of Natural Resources and Forestry:
Oversees the rules governing aggregate management
Inspects aggregate operations and responds to complaints
Enforces compliance
Ensures rehabilitation is carried out on sites
Extraction operations are governed by a site plan approved as part of a licence that was finalized in 2010 under the Aggregates Resources Act.
The quarries are designated as Mineral Resource Extraction in the Burlington Official Plan and zoned MRNA (Mineral Resource North Aldershot).
Licenced extraction areas are protected by the Provincial Policy Statement and are permitted to continue without the need for an Official Plan or Zoning By-law amendment or development permit.
Forterra Brick owns and operates the three clay brick plants and four shale quarries within the City. Forterra Brick (under various previous names and ownership) has owned and operated brick plants and quarries in Burlington since 1956.
Forterra Brick manufactures an estimated 55% of the clay brick produced in Canada and 45% of that is made in Burlington.
Currently the Aldershot plant uses shale from the west quarry and the Burlington plant (Dundas Street) uses shale from the centre quarry. The west quarry is reported to have approximately 3-5 years of shale reserves while the centre quarry has approximately 6-8 years of reserves. Times depend on demand for brick.
Both the west quarry and centre quarry were mined by National Sewer Pipe dating back to 1929. Hanson Brick has operated in both quarries since the late 1990’s. Until 2005, operations in the centre quarry were periodic and since then, the operations have been continuous. There has also been limited excavation in the east quarry. The West quarry is still operational, but with limited life.
Three quarry sites
This is a shale quarry site which produces Queenston shale for brick making. Queenston shale is the only type of shale used for brick making in Ontario today. Much of Ontario’s remaining Queenston shale is no longer accessible due to urban development in southern Ontario.
Shale extraction does not involve explosives. It’s a mechanical process where the topsoil and vegetation is stripped away (using bulldozers and tree chippers) and the underlying clay is left to weather. As the quarry deepens, piles of weathered shale are excavated by front end loaders and trucked away.
The excavated material from the Aldershot quarries is trucked away to the Aldershot brick plant south of the west quarry and to the Burlington quarry located on Dundas Street, east of Appleby Line.
The material is transported using the North Service Road with approximately 110 truckloads per week. The quarry does not operate on weekends.
The site plans for the approved licence show three operational cells (quarries). In the near future, operations at the site will open a new cell within the existing approved licence area – known as the east cell (quarry). This is not a new licence area or a licence expansion. The remainder of the quarry is active and quarry operations were found to be in compliance when inspected by the Ministry in 2015.
East Quarry: In 2015, the City was notified by Forterra of its intention to start preparing the east quarry for extraction.
The east quarry is 16.4 hectares in size and approximately 10.8 hectares will be disturbed.
Clearing the land is the first step in preparing for shale extraction. Tree clearing was scheduled for the winter of 2016-2017 for the east quarry; however, a mitigation plan for endangered species is required which may delay the timing of the tree clearing.
Quarry Rehabilitation: The entire east quarry will be rehabilitated in accordance with the Greenbelt Plan to 100% forest cover. The rehabilitation requirements of the Greenbelt Plan were incorporated into the site plan finalized in 2010 under the Aggregates Resources Act.
Westhaven Drive Subdivision: Houses on Westhaven Drive were constructed well after the quarry property had been licenced for aggregate extraction.
On May 12, 1997, City Council approved the Westhaven Drive subdivision, adjacent to the east quarry.
The application was appealed to the Ontario Municipal Board by residents on Forestvale Drive and it was approved with some minor amendments on May 25, 1998.
At the time the subdivision application was made in 1995, Dust Assessment and Noise Control studies were submitted to the city for the future east quarry to demonstrate compatibility.
These studies were reviewed and approved by the Ministry of the Environment and Energy who stated in a letter dated, October 24, 1996 that it “is satisfied that the land use compatibility issues raised earlier have been addressed.”
All purchasers are informed of the following warning clause registered on title:
“The purchaser acknowledges the presence of a future extractive industrial land use to the west and that extraction may take place during the daytime only.”
The Tyandaga Environmental Coalition Inc. (“TEC”) has been formed to represent a number of families residing adjacent to the proposed quarry. The TEC did contact the city to request confirmation that certain OMB Minutes of Settlement conditions were fulfilled relating to a site plan, noise and dust matters. The city confirmed that the conditions had been cleared by staff.
Neighbourhood Meeting: On September 22, 2015, at the request of Councillor Craven, Forterra held an information session with local residents to explain their plans and to answer questions. At the meeting, the neighbours were invited to form a committee that could meet with Forterra Brick to discuss the concerns of the neighbourhood. The September 22nd meeting was attended by Councillor Craven, approximately 50 members of the public and planning staff. An optional tour of the west quarry took place prior to the meeting and was attended by approximately 9 residents.
Ministerial Review: The Ministry of Natural Resources and Forestry was asked to comment on a request for a ministerial review of the licence granted to Forterra Brick and we are advised by Eleanor McMahon, MPP that there is no process under the ARA for a ministerial review of an approved licence.
Regular inspections of an operating quarry are conducted by the Ministry and the Forterra quarry operations were found to be in compliance when inspected by the Ministry in 2015.
Forterra Brick is holding a meeting for anyone who wants to talk to them Thursday evening at the Crossroads Centre on the 1259 North Service Road just west of Kerns Road.
The overriding question for the community and city hall is this; which is more important mining shale to make bricks or the 6000 – 9000 trees that will have to be cut down to mine that shale.
Think climate change as you muse about this one.
When the houses in Tyandaga were built did the bricks, lumber and aggregates magically fall from the sky? Trees were cut to clear land and for the lumber to build the homes. Quarries provided stone, concrete and many other materials required to build Burlington.I think it only fair that if Burlington residence use bricks they should provide the locations to manufacture them and other materials. If someone has a better location other than someone else’s backyard or idea for manufacturing bricks suggest it. The environmental card is being played a little too often. Remember when we were told that global warming was drying up the great lakes? Seen the lake lately?
Did the people who ‘visited’ this forest get permission, or were they trespassing? Just asking.
@Walter Szavits
I walked a well traveled trail, between the quarry fence with the “No Trespassing” signs and nearby houses. The path is quite beautiful and full of interesting experiences for the senses. If anyone is interested in this experience, I recommend going sooner rather than later… if you get my meaning.
Perhaps a better question is, “Would I be willing to break trespassing laws to save this specific forest?” Yes I would, because I believe this forest is that significant and unique.
Being prudent though, I don’t have to break the law to find out what’s here. Some friends of mine have expressed an interest in getting charged with trespassing on unceded aboriginal territory to test the law regarding issues of aboriginal land claims, social justice and justifiable self-defense against a mortal threat to their culture. They are interested in taking this issue to the Supreme Court of Canada and seek a just cause.
As per treaties which are the law of the land in Canada, they have a right to collect resources including wild foods, medicinal plants, fur bearing animals, game and fish on their territory. I’m pretty sure, trespassing signs and fences which block access to natural areas don’t apply to them.
That said,
I sincerely wish to see a win/win solution to this conflict. I have no ill will towards Meridian Brick. They are an important local wealth creator which contributes significantly to Burlington’s prosperity. As far as I know they have acted as per the law and behave as good corporate citizens. They donate to many worthy causes and charities including Habitat to Humanity. Meridian’s management appears to genuinely care about their employees and the community. In my mind, they are a victim of past poor government policies the predate the Endangered Species Act. Its highly unlikely their application to exploit this resource at this location would be approved today.
Possible win/win solutions include
1) Finding Meridian another location to harvest Queenston Shale, that doesn’t involve destroying habitat for endangered species. Ideally the new location would be even more profitable with a longer lifespan than the current location.
2) Changing their business model, to recycle brick… possibly with government incentives and subsidies, so that they have a profit motive to do the right thing, preserve this forest and be more environmentally friendly
Brickmaking in Aldershot goes back to the 1870’s. For a brief history google…. “Aldershot Brick Makers”.
I am a big supporter of large parks (such as the New City park), and other natural areas, however I also know that money has to come from somewhere.
Money to support parks and preserve the natural areas.
Money to create jobs in the community.
Money to flow to the next generation and provide them with jobs.
Money to support the community and make is flourish and grow.
Money to lower our tax base.
This quarry has been in the works for many, many years in a area designated as industrial next to an old dump. Let is happen.
This area contains the material to make bricks. Bricks are a solid foundation on which to build things.
Balance is everything in life.
Talking about Due Diligence, Warnings,Lawyers, and literacy skills surely the original and subsequent quarry owners (and there were MANY of these) did their Due Diligence including an extensive Environmental Study of the land prior to purchase to ensure that they would not run into the Endangered Species issues that they now seem to face or …..
I have visited this forest. I have seen signs that this forest remnant could be ecologically significant. While I did not see any rare salamanders, I did find New Jersey Tea, which is the host plant for the threatened Mottled Dusky Wing Butterfly. The tree mix is nearly 100% native. How rare is that? I’ve never seen a wood lot in Burlington that wasn’t significantly compromised by invasive species!
Many other reasons exist to sign this petition
https://www.change.org/p/kmcgarry-mpp-co-liberal-ola-org-stop-meridian-brick-from-clear-cutting-burlington-s-forest
and speak out at this meeting
Meridian Brick’s Community Meeting
7:00pm, Thursday, May 25, 2017,
Town Square Café, Crossroads Center, 1295 North Service Road, Burlington
Not much research needed, just basic literacy skills. “All purchasers are informed of the following warning clause registered on title:
“The purchaser acknowledges the presence of a future extractive industrial land use to the west and that extraction may take place during the daytime only.””
Approximately 5 billion trees cut down in Canada each year, so the size and scope of this project is not excessive, and the fact that it is in compliance with all Greenbelt Plan and the Aggregate Resources Act clearly prove it. This group is the definition of NIMBY activism, they are literally saying “not in my back yard.” Plain and simple, this is a about property rights, specifically the erosion of property rights for a company which followed the letter of the law, and received all required permissions from all related levels of government.
I live on the other side of Burlington. I signed the TEC online petition several months ago. So have nearly 2000 other people, even though its within a kilometer of a thousand Burlington residents
Obviously this is more than just a NIMBY issue.
The issue is that Halton region has about 30 endangered species.
I have visited this forest. I have seen signs that this forest remnant could be ecologically significant. While I did not see any rare salamanders, I did find New Jersey Tea, which is the host plant for the threatened Mottled Dusky Wing Butterfly. The tree mix is nearly 100% native. How rare is that? I’ve never seen a wood lot in Burlington that wasn’t significantly compromised by invasive species!
Many other reasons exist to sign this petition
https://www.change.org/p/kmcgarry-mpp-co-liberal-ola-org-stop-meridian-brick-from-clear-cutting-burlington-s-forest
and speak out at this meeting
Meridian Brick’s Community Meeting
7:00pm, Thursday, May 25, 2017,
Town Square Café, Crossroads Center, 1295 North Service Road, Burlington
NIMBY is a completely valid reason to oppose anything that will diminish someone’s quality of life or the value of their home; e.g, closing schools, enlarging airports, building dumps, etc. We would all do the same and it’s unrealistic to expect everyone to have the capacity for doing the research required to avoid a surprise like this one.
The City should have required that advice be given to anyone planning to build a home in the area. A quarry does not belong next to a residential area, even if it has a legal right to operate there.
As I dug into the article I was struck by the comments about the rehabilitation of the quarries. There are over 7000 quarries in Ontario awaiting rehabilitation – waiting a long long time. How realistic is it to tell a community to wait for rehabilitation when it frankly doesn’t happen in most cases.
Also, given that the Ontario government and multiple industries are promoting the use of recycled product, is there really a need to excavate more ground when there are masses of demolition waste piled all over south-western Ontario waiting to be reused.
The problem is that with the assault on the landscape of southern Ontario is that trees and forests are more precious than shale bearing rocks. Forests and wildlife in our region are declining and society must adjust to reverse this situation, challenging old rules and regulations.
The Queston Shale “formation is wedge-shaped, thick (up to 300 metres below Lake Erie), and laterally extensive, outcropping from the Western New York to Cabot Head (near Tobermory). It thins from southeast to northwest at around 0.6 metres per kilometre”
Reference
https://www.revolvy.com/main/index.php?s=Queenston%20Shale&item_type=topic
It’s a fact that it’s a different world 44 years after this permit was issued and the city was negligent in issuing building permits to developers knowing that eventually there would be a clash between homeowners and the quarry owners as the quarry expanded to within a stone’s throw of homeowners back yards. It’s also a fact that the importance of saving our forested land and the environment within it is now well understood. A permit would never be issued today to expand this operation. This project is wrong on many different levels and must not be allowed to proceed as planned. At the very least the size and scope must be curtailed in accordance to society’s current values. This is not a NIMBY issue. This is a destruction of our greenbelt issue and should be the concern of all of southern Ontario residents.
A well-balanced article with a fair presentation.
Unfortunately, the previous comments about NIMBY are somewhat misguided since the definition of MBY does not necessarily have only geographic connotations, as implied by the writer, but is a general statement that signifies awareness and empathy for the valid concerns of others and for the good of ALL.
I applaud ANY group that is fighting for their lawful and just cause and I have very little time for those that belittle and try to undermine these efforts
To fight for a healthy environment free from noise and dust, to oppose the decimation of approximately 9,000 trees should NOT be belittled and taken for granted – it takes energy, time, and caring – and benefits ALL
This isn’t about climate change or saving the environment. This is about a NIMBY group formed to argue on behalf of those who didn’t do their own due diligence when they bought million dollar ravine-lot homes in Tyandaga. It’s time we called that spade a spade.