  StopTheQuarry is a meeting place for those opposed to the St. Marys Cement Group (CBM) application for a massive below the water table aggregate development in Northeast Flamborough (Hamilton). On this site, you will find information about the community's case, laws and policies that apply, news, upcoming community events, and other groups working on related issues.
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Friends of Rural Communities and the Environment - (FORCE)
"We will fight for safe drinking water, compatible land uses, the safety of our children and the preservation of a fragile natural and rural environment."
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| Site Updated: June 28, 2010 |
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StopTheQuarry is a meeting place for those opposed to the St. Marys Cement Group (CBM) application for a massive below the water table aggregate development in Northeast Flamborough (Hamilton). On this site, you will find information about the community's case, laws and policies that apply, news, upcoming community events, and other groups working on related issues. |
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THE FIGHT IS NOT OVER!
Summary of St Marys Cement Actions (as of July 23, 2010)
Our fight is not over! As discussed at the FORCE Annual Meeting on June 15, 2010, our communities need to stay engaged, vigilant, and well funded. We need to continue to be prepared to substantively and professionally represent our community case as St Marys Cement challenges recent provincial decisions.
The company has clearly signalled that it is not backing away from its plans to develop a massive open pit aggregate mine on the site. Below is a summary of the proponent's actions since the Ministerial Zoning Order (MZO) blocking the proposed development was issued in April 2010. Also included are copies of the primary documents available thus far in order to keep everyone informed.
Request to Revoke Ministerial Zoning Order
On May 10, 2010, St Marys Cement requested that the Minister of Municipal Affairs revoke the Ministerial Zoning Order and asked that the matter be referred for a hearing before the Ontario Municipal Board. Read the SMC Press Release (108 KB). The SMC correspondence making these requests is not yet publicly available. Stakeholders are still waiting for a referral to the OMB, as of July 23, 2010.
Application for Permit to Take Water
On May 25, 2010, St Marys Cement submitted an application to the Ministry of the Environment (MOE) for a Permit to Take Water (PTTW) to conduct further testing on the site. Read the draft SMC application form (313 KB) and the last draft made available of the SMC supporting technical documentation (4.4 MB).
On June 3, 2010, the MOE issued a Notice of Refusal to issue a Permit to Take Water. Read the MOE documentation (136 KB).
On June 11, 2010, St Marys Cement appealed the MOE Notice of Refusal to issue a Permit to Take Water to the Environmental Review Tribunal (ERT). Read the appeal SMC correspondence (218 KB).
On July 2, 2010, Davis LLP, legal counsel for our communities wrote to the Environmental Review Tribunal indicating that FORCE, on behalf of our communities, has an interest in the PTTW appeal and asking that we receive any notices regarding this matter. Read the FORCE correspondence (22 KB).
On July 12, 2010, the Environmental Review Tribunal issued a Notice of Preliminary Hearing to Davis LLP, as our communities' legal representative, indicating that the first preliminary hearing to be held on August 26, 2010 at the former Flamborough Town Hall in Waterdown. Some property owners have also received similar notice directly. Groups, such as FORCE, and individuals, who would like to be presenters, participants, or parties at the hearing are to notify the Case Manager in writing, or electronically, by August 19, 2010. The Preliminary Hearing on August 26, 2010 will rule on groups and individuals seeking status at the hearing; identify preliminary issues; establish pre-hearing processes; set dates for the main hearing; and finalize/issue procedural orders. Read the ERT correspondence (1.79 MB). (Note FORCE will be providing guidance on what actions local residents may choose to take.)
Other Work as part of the Aggregate License Process
Traffic survey work was underway by St Marys Cement's consultants on area roads in early June. Community supporters reported seeing and talking to Pyramid Traffic counters at Derry Road and Milburough Line, and Hwy #6 and the 11th Concession, on June 3, 2010.
Next Steps for Our Community
FORCE is currently working with our communities' legal counsel and technical experts to understand the grounds for the appeal to the ERT and to determine the appropriate role for our communities and individual property owners before the tribunal. We are also monitoring and planning for the expected OMB hearing regarding the request by St Marys Cement to revoke MZO.
Stay tuned for further updates and calls to action in August.
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(We remind everyone reading this information to think of those in our community who may not be connected to the internet and ask that you take steps to ensure that they have access to this information. Perhaps you could drop it by their home, or perhaps you could print several copies and take it with you to services or the arena \ playing field this weekend. We will succeed by working together; let's do everything we can to make sure that everyone can stay involved. Thanks.)
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