Dear Ms. Manning, Please do…

Dear Ms. Manning,

Please do not approve the surrender of this portion of the Miller Boyington Pit #3. Do not allow a permanent industrial site on a piece of land that was granted as a temporary use decades ago. This land sits on high vulnerable aquifer and feeds the Uxbridge Brook which provides the Town of Uxbridge’s water supply. Insist on rehabilitation to the original and agreed plan. Topsoil, naturalized slopes and no fill is required to do this. The proponent has an existing obligation to rehabilitate the lands once aggregate extraction is complete. They should be held to that obligation and the MNRF should continue to manage and enforce the rehabilitation obligation that exists. Allowing a permanent industrial site in the middle of farmland, estate homes, hobby farms, equestrian centers and significant woodlands on this land designated “Countryside” in the Oak Ridges Moraine and on highly vulnerable aquifer is not appropriate.

The proposed new development and new after uses Miller is asking for were never considered when the MNRF granted the existing licence. Per AR Policy No. 2.06.00 - “MNR is not obligated to accept the surrender until the site is rehabilitated to the satisfaction of the Aggregate Inspector”. No new uses, new development etc., should be entertained until this site is rehabilitated. New uses should bring the lands into closer conformity with the Oak Ridges Moraine Plan, not further away and should be compatible with the local community and zoning.

There should be no expansion or increased use of the Asphalt plant. It has operated minimally and some years it has not operated at all. The emissions are dangerous and bad for the environment. Are you aware that Miller Paving has recieved emmissions complaints from neighbours and has had to shut the plant down?

The contractor’s yard with outside storage that exists on the M3-1 lands was not started until early 2015. The contractor’s yard with outside storage in the M5-1 land was started in 2009. As of November 15, 2001 new uses and expanded existing uses are prohibited under the Oak Ridges Moraine Plan and Act. These yards have never been permitted uses under their licence. My understanding is that this renders both of these contractor’s yards as non-legal and non-conforming since the day they were created. They should be removed immediately and the area rehabilitated according to the license. I am aware that for over 10 years the MNRF has noted these non-compliant contractor’s yards and many other non-compliance issues on their own site reports yet the MNRF has not enforced remedial action. This suggests that either Miller Paving Ltd., is either above the law or, the MNRF has already agreed to release these lands to the Township to avoid the need to enforce the non-compliant issues. In fact, this is stated in Skelton Brumwell’s letter to the Township of Uxbridge dated February 13, 2020: “Multiple meetings have occurred over the last number of years, and it was agreed that the subject lands would be surrendered from the Aggregate Resources Act (ARA) licence by the MNRF and The Township would assume responsibility through a site plan approval process.” (See letter attached) Based on what we are seeing happening at the pit it would appear that Skelton Brumwell is correct in that you have already agreed to release these lands and this whole process of posting the Application on the ERO is simply smoke and mirrors to make it look as though the MNRF is doing it’s due dilligence. Motorized construction equipment has moved into the site along with all kinds of other construction supplies and equipment that have nothing to do with aggregate extraction. Both contractor’s yards (in the M3-1, M5-1 zones) continue to grow as if the approvals have already been made just as Skelton Brumwell said in their letter mentioned above.

I would ask that the MNRF notify all land owners within 120 m OF THE LICENCED SITE as stated they have done in the ERO posting. To my knowledge only 5 land owners within 120 m of the lands proposed for surrender have been notified of this application. The way it is stated currently on the ERO conveys a government transparency that is simply untrue. The ERO post says: “Additionally, notification of this application has been forwarded to the Township of Uxbridge, Region of Durham, landowners within 120m of the licensed site and the Ontario Ministry of Agriculture, Food and Rural Affairs for comment.” My understanding about the process is that the MNRF advises the proponent as to who should be notified in this type of application. The MNRF obviously has limited understanding of how the consequences of these applications once approved actually affect the community. Wind carries dirt and dust a long way from the site. I’ve had people as far away as a kilometer tell me that they cannot eat a meal on their decks and patios because of the dirt landing on their food. Clanging of tailgates is heard more than 2 kilometers away. Importing fill is more distruptive to the environment, and the community creating more dust, dirt, traffic and risk to the environment than gravel extraction. You would be allowing both to happen simultaneously by granting this application. If the aquifer is detrimentally affected by imported fill the township water supply could become tainted. One could argue that everyone in the Town of Uxbridge should have been notified since they all drink the water! I am asking the MNRF to extend the ERO posting by 30 days and actually do what you state you did in the posting: notify all landowners within 120 m of the licensed site. I feel it is extremely unfair to the landowners who live within at least 120 m of the site and have not been formally notified and may not even know that this is in the works.

Two other things that concern me:

Traffic - recently another aggregate extraction pit was approved for Vicdom Sand and Gravel – 3900 Lake Ridge Road, right around the corner from Boyington Pit #3. If you approve this site plan amendment Lakeridge Road will become congested with truck traffic as well as the 7th Concession. This will cause increased road damage and increased dust and dirt for people living on Lakeridge Road, hence they will also be affected.

Safety - currently turning left or right off Reid Rd., onto the 7th Concession can be hazardous. Trucks and traffic in general coming over the hill south of Reid Rd., make it difficult if you are making a left hand turn because you have to accelerate quickly so as not to get hit by the oncoming vehicle because the vehicle was not visible over the hill when you started to make the turn. If you are coming over the hill and there is a line up of trucks going into the pit you have to quickly come to an unanticipated stop. With only one entrance and the addition of ONE MILLION CUBIC METERS OF FILL going into the pit on top of the existing activity this appears be an accident waiting to happen.

The MNRF should require Miller Paving to rehabilitate this land according to the plan that is currently in place…. Naturalized slopes, topsoil and reseeding - no fill is required. Pleaes do not approve this application. You would be rewarding Miller Paving with the creation of a multi million dollar property and allow them to make millions of dollars in tipping fees after years of non-compliance. Allowing over a million cubic meters of fill to be placed on the property would also give Miller Paving a competitive advantage in the marketplace because they would not be building the cost of having to find places to dump their excavated soils into their bids for work. There are over 40 pits in Uxbridge - if approved, I can’t imagine a greater incentive to Miller Paving’s competitors to apply for the same amendments. If you approve this application you would also be sending the message that the MNRF does not enforce compliance.

Please insist that Miller Paving bring your 10 years worth of Non-Compliance issues into conformance with the licence immediately, progressively rehabilitate the property as per the existing licence and continue to operate within compliance or face future fines etc. MNRF please do your job and get the site brought in into compliance and refuse this application.