The Mountain View County subdivision and development appeal board has denied an appeal of an earlier approval of a gravel pit expansion west of Sundre.
The board heard the appeal on Dec. 21 and issued its ruling on Jan. 4.
The property in question is located at NW 35-32-6-5 in the McDougal Flats district about five kilometres west of the Town of Sundre along Highway 584.
In September county council approved the redesignation of a 148-acre parcel at the site from agriculture to aggregate extraction-processing district. Council also approved a change of use and size relaxation for an existing dwelling to a security suite.
The redesignation would allow the company to access additional gravel for its operations over the long term.
On Nov. 3 the municipal planning commission approved the development permit with more than 40 conditions.
The appeal of that approval was subsequently launched by a number of adjacent landowners, with nearby resident Robin Tutor speaking on behalf of those landowners.
The appellant cited a number of reasons for the appeal, including the following: "loss of adjacent property values; lack of sufficient securities and lack of reclamation on existing site; five-year time frame to reclaim the existing site too lengthy; progressive pit reclamation plan not consistent with Alberta Environment Code of Practice for Pits; approval does not clearly state how conditions will be enforced."
Other reasons for the appeal cited included the following: "The impact on two surface drainage channels near an adjacent residence have not been addressed; the approval does not require Water Act and other provincial approvals to be issued prior to the issuance of the development permit; and the approval does not address the impact of cumulative efforts from having multiple gravel pits in the area."
In the ruling the appeal board denied the appeal and approved the development permit application with updated conditions, including the following (quoted in ruling):
ï Summer hours - From May through October the hours of operation for the gravel pit including but not limited to loading-hauling, landscaping maintenance, sales of aggregate and water, shall be Monday through Saturday 7 a.m. to 9 p.m. Aggregate crushing hours shall be Monday through Saturday 7 a.m. to 7 p.m. No operation of the pit shall occur on Sundays or statutory holidays. Hours of operation shall be strictly adhered to.
ï The operator and all parties leaving the pit shall ensure all loads leaving the pit are free of material outside of the haul box of the vehicle. All loads leaving the pit must be tarped.
ï That the applicant, landowner, and/or operator obtain a new Roadside Development Permit from Alberta Transportation. If upgrades are required to the intersection the applicant will be required to enter into a new development agreement with the county to pay for the costs of the upgrades.
ï The applicant, landowner and /or operator shall be permitted to leave the manufactured dwelling on the subject property to act as a security suite for the gravel pit operation.
The board gave a number of principal reasons for its ruling, including the following (quoted in ruling):
ï There is insufficient evidence to determine if the approval of this application will have any increased impact on area property values. Further, the assessment reduction that occurred on an adjacent parcel of land was reported to be a reflection of decreased market value of the property, but it is unclear if this was because of the economic downturn or directly related to the proximity of nearby gravel pits.
ï The development appeal board recognizes that the existing pit has the potential to generate dust, and that a future study of the area is planned by Parkland Airshed Monitoring Zone (PAMZ). Scientific data and potential health impacts attributed specifically to the subject property are unknown at this time and are unlikely to be determined by the broader airshed monitoring study that is planned for the McDougal Flats area.
ï The approval of this application is unlikely to intensify the offsite impacts in the general area as this application will replace the existing gravel pit operation that is nearing depletion.
The appeal board ruling could be appealed to the Court of Appeal of Alberta.
"The approval of this application is unlikely to intensify the offsite impacts in the general area."Appeal board ruling
