NEWS & UPDATES

02 Mar, 2022
Toronto Star reporter Noor Javed on quarry risks
By Nicole Court 08 Feb, 2022
Quarry abuts large stream that feeds Harvey Lake - silt and other contaminants could enter the lake
04 Nov, 2019
The Federation of Ontario Cottagers’ Associations is a member-based association of over 500 waterfront landowner groups located across the Province, whose members represent over 50,000 families. Waterfront property owners collectively own and steward private lands that cover more than 50,000 hectares of shore lands along 15,000 kms of shoreline property. As significant stakeholders in rural Ontario, we are interested and vested parties in the responsible use of our lands and resources. FOCA generally rejects the notion that provisions in the current ARA are “red tape” and rather, we feel that a strong regulatory regime for managing our aggregate resources benefits Ontarians in the long term. We are specifically concerned that the changes proposed in ERO 019-0556 are not likely to provide the “strong” environmental protection suggested in the preamble, and will not adequately address environmental and community impacts. Further we are concerned about the simultaneous introduction of Bill 132 (ERO 019-0774) during the consultation phase of the ERO. These proposed bills both amend the Aggregate Resources Act, yet reference to Bill 132 was only added to the ARA proposal on or around October 28, 2019, near the very end of the 45-day posting period. Without presupposing what amendments will be made under ERO 019-0556, it will be impossible to determine the relative merits of proposed revisions under ERO 019-0774. It is inappropriate to have two bills simultaneously amending the same piece of legislation. And we recommend the ARA amendments be withdrawn or reposted as one comprehensive bill. We do note that Schedule 16 of Bill 132 provides some perspective on how the Ontario government intends to amend and implement the ARA: Schedule 16 purports to remove municipalities’ authority to protect groundwater resources through zoning by-law restrictions on the depth of extraction. FOCA believes that making zoning by-laws inoperative in this manner weakens – not strengthens – groundwater protection, and unduly interferes with the municipalities’ duty to identify and protect water resources in accordance with the Provincial Policy Statement issued under the Planning Act. Moreover, we are unaware of any compelling jurisdictional, legal or technical reasons why the ARA amendments should strip away the existing municipal right to utilize zoning restrictions that safeguard groundwater, especially in the numerous communities across Ontario that are wholly dependent on aquifers for drinking water supply purposes. Read the full response here.
02 Aug, 2019
The struggle to halt the McClintock Quarry and the precedent it would set allowing quarries to be established on Crown Lands, close to beautiful Haliburton Lakes was noted in the Highlander recently
01 Aug, 2019
We are extraordinarily disappointed to read the notice of completion for the McClintock Quarry, but this is not the end of the process. We should all be concerned about the dangerous precedent this sets - a quarry directly upstream from a pristine Harvey Lake which flows into Kawagama Lake and rock crushing and trucking all summer long a mere 400 metres from family cottages. So loud that Batcher Construction would need to build a three story berm and families would still experience the highest allowable noise limits. This is a threat to the area's tourism and recreational industries. The area is already well supplied with aggregate, the operation will be performed by non-local contractors with no new jobs in the area --all for one family's inheritance. However, this is not the the final approval and we will vigorously object. We are hopeful the province will prioritize lake health and respect the Official Plan. Watch for further details
31 May, 2019
The Ontario Ministry of Energy, Northern Development and Mines recently announced a $2 Million investment through the Northern Ontario Heritage Fund supporting Freshwater Research and Education. In making the announcement Minister Rickford stated that it was to "help us to protect and enjoy our waterways and freshwater ecosystems." In supporting the investment John Yakabuski, Minister of Natural Resources and Forestry said: "Ontario is fortunate to be home to many lakes, rivers and streams that provide recreational and tourism opportunities, and significant contributions to our economy." He continued: "That's why making investments in quality science and research that help us to protect these water systems is so important, and it's a pleasure to work with my colleague Greg Rickford on this initiative." We applaud this investment in helping to preserve the natural beauty of Ontario, and hope their commitment includes protecting the good citizens and cottages of Haliburton. the Ministry's actions reinforce our position that permitting a quarry directly upstream from a small lake such as Harvey Lake (which feeds into Kawagama and Lake of Bays) which is contrary to local planning bylaws, is in no way good for the environment or the local economy.
08 Apr, 2018
Resident opposition in two quarries in the Muskoka area has caught the attention of national media.
18 Mar, 2018
It attracted Nicole and Aaron Court, who bought a small property on Harvey Lake. With only eight neighbours, they felt like they had found a beautiful, serene, nearly untouched place to vacation with their two daughters, Emma and Tessa. That is until a letter came in early July 2017 advising them that a local businessman, Eric Doetsch, had put in a proposal to build a quarry a few hundred metres away. "I cried for the entire weekend because I knew what the fight would mean: endless working hours. I wasn't going to be able to sit on the dock all summer,' recalls Nicole Court. Doetsch, co-owner of Bacher Construction Ltd, planned to transform an existing small sandpit operation located on Crown land into a 53 acres quarry, asking for a permit to extract 285,000 tons of aggregate annually. Aggregate is what you get when you crush solid rock. According to a report in the local newspaper, The Highlander, the entrepreneur believes that the current pit will "run out of material in the next two years." He seeks to ensure the future of his family with the new pit, he says. "I want this pit to be used by my son and grandchildren. The restrictions around these proposals are getting so tough, so if I can set this up now, it just helps us in the long run." Such thinking angers Nicole and Aaron Court, who feel like their children's health is being pitted against the financial security of Doetsch's heirs. Their concerns regarding the impact of the proposed quarry near Harvey Lake are many. In August, they outlined 19 objections, ranging from faults in the noise and crust studies, to the risks posed to the environment and habits of species such as the endangered Blanding's turtle. They also cited planning inconsistencies, and the lack of monitoring, water management and treatment plans, and contingency strategies. Chief among their grievances is how the aggregate operation ignores the Algonquin Highland township's town plan. Section 5.5.8 establishes that new aggregate quarries must be further than 1,000 metres from the waterfront designation. In this case, the initial plan put the quarry at 170 metres of Harvey Lake's shoreline. The whole thing boils down to three basics as far as I'm concerned. The first is that, as it stands right now, this quarry proposal violates the township plan in that it is closer than 1000 metres to the water. Secondly, it is a threat to the environment. Thirdly, there is no public benefit that I can see to a quarry on that location. We have enough quarries in the area. We do not need another gravel crushing operation," says Gary Acker who speaks for himself and his wife, Nita, the president of the nearby Otter Lake Cottagers Association. Both have pledged support to their Harvey Lake's counterparts. Since the road out of the proposed aggregate pit runs alongside Otter Lake, they're also concerned about the consequences of increased truck traffic. However they might feel, the legality or illegality of the proposed quarry is not as easily asserted. Since it would be on Crown land, provincial authority prevails. During a conversation with National Observer, Algonquin Highland township Councillor Brian Lunch repeatedly explained that the township does not have jurisdiction over the area and that it is up to the Ministry of Natural Resources and Forestry [MNRF] to make a decision. "It's unfortunate that the MNRF doesn't align with our planning system. It's just another layer of government." What they can do, explained the mayor, Carol Moffatt, is request that the MNRF demand that the proponent successfully obtains from the Township an Official Plan amendment and a Zoning By-Law amendment. In July 2017, the township passed a resolution asking for just that. "Then it would land on our table, in which case, the Council would review our planning and zoning documents, would hear from both sides and decide accordingly," she says. While the outcome is uncertain, she points to the adjacent Muskoka Township, which has rejected the application for a similar operation on private land next to Skeleton Lake after the residents made their concerns known. After an appeal from the applicant, the case is now in front of the Ontario Municipal Board. "We put a lot of time and effort in creating a certain environment for our community through our official town plan and zoning by-laws," she adds. "Not to be able to uphold is frustrating." As far as Crown land planning goes, the area in question is slated for multiple use management, which includes aggregate extraction. Through their spokesperson, Jamie Prentice, the Ministry asserted that any party and/or individual may voice their objections and that these are taken into consideration when making a decision to issue a permit or license: "The ministry plays a role at key points in the process to ensure all requirements are met." For example, the ministry reviews the application to ensure necessary information has been provided, acts as a commenting agency and reviews information collected by the proponent (e.g., Indigenous communities, public and agency comments) during the notification and circulation process." However, those residents of Harvey Lake and Otter Lake opposed to the quarry that National Observer spoke with don't feel confident in the process, especially because it is proponent-driven. In other words, they must submit their concerns to the applicant within a 30-day comment period. The proponent is then required by the Aggregate Resources Act to try to resolve any issues. Ultimately, the company sends all the documentation to the MNRF for review. "The only way a citizen can engage is to bring the concerns to the applicant. There doesn't seem to be, at least at this stage, active oversight or engagement by the Ministry or other regulators," remarks Nicole Court whose main contact this entire time has been David Villard who acts as a consultant for Bacher Construction Limited." "It's difficult to trust the process when it primarily goes through someone's whose interest is for the application to be approved." In the Dorset Quarry case, Eric Doetsch held a public open house on July 29, 2017 at the Dorset Community Centre, which ended up being standing room only. The scope of the project was subsequently reduced. The permit requested is now for the extraction of 75,000 tons per year of material, while the quarry would span 35 acres and sit 500 metres away from the shoreline - twice as close as the township's 1,000 metres regulation. Nicole Court says she has yet to see the new site plans. Doetsch refused to grant National Observer an interview. His intermediary, David Villard, stated in an email that Doetsch believed that "he has done all that has been required under the Aggregate Resources Act and is just waiting on direction from MNRF, after which we will submit our final package for MNRF's review." He has held two public sessions that were not a requirement of the application process and has taken all comments under consideration, as well as implementing all proposed mitigation measures from the various reports. Yet those mitigation measures do little to address the core issue, some believe. "They've made the whole process about mitigation, but that's beside the point. The point is the quarry would be in the wrong place," says Ron Crago, who with his wife, Wilma, enjoys a cottage that has been in her family since 1947 on Otter Lake. There is already truck traffic there, but the Cragos fear more truck traffic will make things far worse, destroying the peace of the relatively tranquil area. "You can mitigate all you want, but there's still going to be noise, dust, trucks, pollution, etc." Source: https://www.nationalobserver.com/2018/03/19/news/ontario-cottage-country-residents-fear-what-may-be-coming/
09 Mar, 2018
Letter to Editor re: McClintock Rd., Algonquin Highlands quarry application Why would Algonquin Highlands want an aggregate quarry on Crown land within 400 metres of pristine Harvey Lake? As a fourth generation member of the Dorset community, cottaging at Otter Lake, I am deeply concerned by the application to establish a new 34-acre quarry on McClintock Road in direct contravention of Algonquin Highlands' Official Plan. Aggregate quarries are serious disrupters. The environmental risks are extensive, well known to everyone and difficult to reliably mitigate and monitor. Roadway deterioration and road safety related to heavy truck haulage on minor roads are taxpayer and citizen concerns. These disruptive issues are given serious consideration in the township's Official Plan. But this new quarry application, seemingly exploiting a Crown land loophole, is running roughshod over the Official Plan. Why are our local laws in place if they can be so easily ignored? I recognize that the township county and province have a responsibility to carefully develop resource based industry alongside the "cottage industry." But at what cost? Quarries, if needed, must be appropriately sited on major highways in areas with proven minimal environmental risk, and in accordance with our Official Plan. Muskoka Region and the Ontario Escarpment have vigorously protected their Official Plans. Algonquin Highlands and Haliburton County must do the same. Why should cheaper gravel and private business profit be acceptable trade-offs for environmental preservation, the quality of life in our community, recreational property tax contributions, and the integrity of our local laws? Please say no to the McClintock Quarry. W.J. Crago Otter Lake, Dorset Source: https://www.muskokaregion.com/opinion-story/8319201-letter-just-say-no-to-mcclintock-quarry/
18 Jan, 2018
Dorset, ON - January 18, 2017: A group of residents in the Harvey Lake Area (HLAR) remain opposed to the now 35-acre proposed Jon Bacher Construction quarry, which extends to only 400 metres away form the shoreline and cottages of Harvey Lake with potential crushing all summer long and have submitted a second round of formal objections to the Ministry of Natural Resources. "Critical concerns remain about about the proposed quarry's large 35-acre footprint, proximity to cottages and Harvey Lake, their ability to crush rock all summer long, and lack of dust, noise, water and environmental protection," said Harvey Lake resident Aaron Court. "While we are pleased our efforts to date have produced some positive results in making the footprint smaller, it has been through sheer determination and countless hours of research, and hard work by area volunteers that best practices have been brought to light and through tenacity that they have been reluctantly and inefficiently adopted-all to protect the area," said Court. "The reality is that the group of volunteers will be unable to diligently monitor this quarry and the proponent's own consultant has informed us that the Ministry has minimal resources to police such operations." HLAR contends that Crown Land shouldn't be considered an inheritance for the proponent's children or grandchildren - the health and well-being of area children and the future of Harvey Lake is far more important than financial gain. This application could set a significant precedence in protecting Haliburton County, which has substantial amounts of aggregate potential Crown Land near cottages, lakes, and homes. The County is at a critical juncture - we need to vigorously demand the MNRF respects local zoning, and the Official Town Plan, similar to the Muskoka Region. The quarry would be permitted to fulfill large municipal contracts - right behind recreational use properties in the heart of Algonquin Highlands cottage country - setting a dangerous precedence for the area and one which the Muskoka Region has rejected. The objections submitted by Harvey Lake Area Residents after receiving a response from the applicants' consultant to objections include: Potential for noisy and dusty rock crushing all summer long will destroy the reasonable enjoyment of nearby cottages and homes The aggregate development would permit stripping, extraction, blasting, and crushing in close proximity to wetlands that flow directly into Harvey Lake and then Kawagama Lake and then onto Lake of Bays Airborne particles and contaminants are a concern of residents, who are only 400 metres from the proposed quarry and whose drinking water is currently taken from Harvey Lake Noise and environment reports have recommended no drilling when there are no leaves on the trees, as leaves provide noise and dust screening. The applicant has proposed substantial activities during the fall, thereby putting permanent residents at risk of extraordinarily high noise impacts Assurances of the quarry being a small operation are not reflected in the footprint of the quarry, nor in the operating conditions. In fact, the permit application allows for large municipal contracts to be filled with large crushers - directly behind recreational cottages accustomed to the ambient sounds of nature and just down the road from Otter Lake Drinking water should never be put at risk. The site's natural water drainage occurs mainly towards the adjacent meadow marsh and stream flowing into Harvey Lake. Unlimited term for permit allows for exemption from tightening restrictions for the next 50-100 years "The residents of little Harvey Lake have been on the lake for 60 years and are now faced with the destruction of their surrounding area which will be stripped of its trees, dust-filled, and so noisy we would not be able to enjoy our properties during the peak summer season," said Aaron Court. "To state this would not impact the reasonable enjoyment of our cottages, and not impact our property values is unreasonable. While we understand local business is important, this is simply a play for more profit, as local needs can be met through local quarries with direct highway access. The quarry should not be at the expense of the Harvey Lake families, cottages or the wellness of the lake." For more information: Saveharveylake on Facebook | saveharveylake@gmail.com Aaron Court 416-200-1184
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