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DAY 31 - DECEMBER 2, 2009

Wednesday, December 02, 2009

Cross Examination of Greg Sweetnam, (JDCL) by Mr. Webb (CCC):

Questions about access agreements:

  • Are these all the property agreements?
    --Not sure.
  • Do you know when you will have all the agreements?
    --Probably by next week.

A property map was handed out.

  • Was this map related to the CBSES?
    --I believe so.
  • Looking at the agreement of the Hignetts, Olegario, etc, the numbers don't seem to reconcile with the map?
    --Agreed.
  • Do you have off-site agreements for proposed off-site monitoring?
    --No.
  • Have you begun negotiations with anyone?
    --There are some agreements that we think could be extended and we would ask others – if the application was successful.
  • With reference to the register of the deed on Rockfort – this deed represents a part of the Rockfort land?
    --Yes.
  • The charge is to 3 different numbered companies?
    --Yes, we like to keep the boundaries separate.
  • Can you offer the date of the offer to purchase the land, and the finalized date? --I believe it started in July and final agreement was in early December.
  • In whose name?
    --Either in my name or my wife's name, we’ll check that.
  • During the Caledon Sand and Gravel issue, what was the dispute?
    --The process went from 1988-1996 and JDCL got permission to temporarily close Kennedy Rd with the Town, but a dispute arose over the length of time it took.
  • So your recollection was that the dispute went on for a couple of months?
    --Agreed

Re Cross by Tzekas (JDCL):

  • To run the equipment, you quoted $20 million dollars?
    --Yes, but the yearly costs wouldn't be that high.
  • In the minutes of the Public Town of Caledon meeting of Sept 3, 2003 were entered in evidence.

Evidence in Chief of James Parkin for JDCL on Planning

  • He was retained in 1996, after the land was purchased.
  • The planning report in context of the GGH (greater golden horseshoe), to secure future growth, infrastructure deficit, population projections allocated to the GGH, 38% is allocated to the west side of the GGH. Brampton is the main growth area.
  • Caledon's aggregate resource has provincial significance in terms of its quality, quantity and location.
  • The need for the resource is part of the understanding of its quality and quantity is an important context.
  • Balance needs to be in consideration of the economic importance of this resource.
  • Balance has already been taken into consideration in the Municipal and Regional process.
  • The State of the Resource Study of 1992 recognized a scarcity of the resource.
  • Dolostone quarries on the west side are examples of the older licenses. Two of the five quarries are depleted.
  • Important that resource is close to market, socially, environmentally and economically.
  • His opinion is that Peel out-consumes its production of aggregates.
  • It takes at least ten years from start of the process to production in order to get a license.
  • The area hasn't been developed agriculturally to the same extent as much of the rest of Ontario.
  • At the Acton pit there are wetlands and water resources in close proximity to the quarry.
  • Resource Area 9A is only 19% of the ARIP resource noted, because of the constraints.

Resource Areas:

  • Area 9A has been recognized for quite awhile for its potential.
  • Burt and Hale report from 1994-5 showed dolostone, and mapping goes back to the 80's.
  • It didn't translate into policies into the Town OP in the 80's, in Cabinet Corners decision, no map; just text of the policy and it wasn't until the Regional plan in 1996 when a map was included by the Minister for the resource.
  • The site-specific geological investigations show the amabel is there in a thick deposit of 30-40 meters. High yield/acre.
  • There is a shallow overburden in this rural area. The Agriculture Ministry does not view the area as important.
  • There are 30 residences within the 500 meters. There are large lots with no dense population or villages in the immediate area.
  • Quality of life is important in this area.
  • Land use along the haul route is still rural use. Equestrian farm on north side of Olde Baseline and people walk ride and use the road for recreation.
  • Background of the Aggregate Resources Act came into force in 1990 flowed out of the Pits and Quarries Act of 1971 where the Province took over the standardization of rules and regulations. ARA was updated in 1997 and inspection went to the industry. Enforcement and regulation fell to MNR.
  • In those days, producers put 8 cents a tonne aside to cover rehabilitation. But it was labour intensive. TOARC was set up to look after the trust fund (super-fund) and monies were returned to the producers in 1997.
  • The Aggregate Resources Act (ARA) – He went through many of the various parts of the act. The Minister has the right to amend the site plans. Licenses can be transferred with all the conditions.
  • The Chair asked about the "rehabilitation security payments" wanting to know if they are in the regulations. They will get back with more information.