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4 Case studies

In document Construction Conflict & Resolution (Page 185-190)

University of Waterloo, Ontario, Canada

4 Case studies

Two case studies will serve to illustrate potential conflict situations where mining activity was carried out in sensitive sites that normally would not be considered for aggregate extraction. Each case study is unique in its location and opportunity to work with different interest groups.

4.1

Snyder Flats—Bloomingdale, Ontario

In Ontario, Conservation Authorities have a statutory mandate for conservation and water management within watersheds. A primary objective of Conservation Authorities has been to control flooding, and in the past this has involved the construction of numerous dams and reservoirs. Their flood control policies have decreased flooding, but in doing so, the floodplains and lower terraces have no longer been inundated by flood waters. This has the unfortunate effect of removing the traditional spawning habitat of many species of fish, and has decreased the ecological diversity and unique aquatic and terrestrial environments.

Conservation Authorities have been traditionally opposed to extraction of aggregate resources in areas within their jurisdiction. The floodplains and terraces of major rivers in southern Ontario, now contain much of the remaining aggregate resource base of the province. However, they are also considered sensitive, valuable ecological areas for habitat protection and recreation. Until recently, the Conservation Authorities have been reluctant to allow access to the valuable aggregate resources they contain, and often have vehemently opposed aggregate mining in proposals near to their properties.

A proposal by an aggregate company to the Grand River Conservation Authority offered an opportunity for a pit to expand its operations into a river meander bend, below the water table. Normally this type of operation is restricted by provincial licensing regulations, floodplain controls, and the municipal Official Plan. However, after detailed site examinations, it was discovered that the 250 acre site at Bloomingdale, which is owned by the Grand

River Conservation Authority, could actually be enhanced in terms of its ecological diversity by a judicious plan of aggregate removal. The plan involved aggregate extraction above and below the water table, and in so doing, created ecological niches no longer found on the site. For example, the following new habitats are incorporated into the mining plan: cold water ponds fed only by groundwater for cold water fish species; warm water habitat which is seasonally flushed by river waters; and prairie-savanna grasslands.

Some problems with the site design were encountered due to complete removal of aggregate materials and vegetation. Leaving a portion of the available aggregate resources with the landscape and vegetation intact could have cost less than rebuilding a new landscape and provided for more rapid habitat rehabilitation.

Additional site problems consisted of: difficulties with diverting river waters through the system without creating flood erosion and bank instability;

reforestation during drought conditions; and the reconstruction of promontories into several lakes for species habitat. Despite these problems, the project has been remarkably successful and already the number and diversity of seasonal migratory waterfowl has increased. For example, in April, 1992, Common Mergansers, Buffleheads, and Canada Geese were observed nesting on the created habitats. The fish habitat that has been carefully constructed in below water-level areas contains old tree stumps and sheltered areas to ensure maximum fish spawning opportunities. From a habitat perspective, the completed design is considered a success by the Grand River Conservation Authority.

The Grand River Conservation Authority is now using the Snyder Flats experiment as a “show piece” to demonstrate the enhanced river habitat that has been realised by the extraction of several million tonnes of sand and gravel. In addition to the creation of a valued and enhanced ecological landscape, the Conservation Authority gained over a million dollars in mining royalties from the project over a ten year period, which in times of budget duress are a welcomed addition.

In order to achieve both the economic and ecological benefits from the Snyder Flats site, the traditional battle-lines between the Conservation Authority, provincial licensing agency, and aggregate producer had to be altered. Common ground was found over a considerable time horizon in which the site changed generated the demand for construction aggregate materials. It would seem more sensible to ensure ready access to these proximal resources rather than the

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continued relocation of new aggregate mining sites to more distant locations where increased social, environmental, and long distance haulage costs are the unattractive consequences.

The development of aggregate sources within an urban setting is termed

“urban aggregate rescue”. Sometimes property becomes available within city limits that contains suitable deposits to mine; thus, the opportunity is created to develop a source within the urban demand. This type of operation usually involves a variety of conflicting interests because of the proximity of mining to other established urban land uses. In order to develop a source within this context it is important to have a fast, short-term mining operation, and ensure that the reclamation plan facilitates local interests.

In Kitchener, Ontario, the authors have been involved in an urban aggregate resource rescue operation within the city limits. The project involved connecting two potential sources with private haul routes to a producing plant. Old aggregate producing plants, originally located on the urban fringe are often now found inside the urban area, adjacent to industrial parks and customers (redi-mix concrete plants, block plants). In order to extend the life of an aggregate processing plant within the city limits of Kitchener, a private haul route (thus avoiding the use of public highways) was arranged to connect with a nearby 120 acre industrial subdivision site and an abandoned 80 acre farm site. Each site contained large volumes of sand and gravel resources, but were originally scheduled to be used for subdivision purposes without considering the aggregate resources.

By lowering the proposed industrial subdivision by 15–25 feet, 2.5 million tonnes of commercial aggregate were “rescued”. The owners of the site realised an additional financial reward from the aggregate royalties, had their landscaping completed at no cost, and lost only two industrial lots as a result of the revised multi-purpose plan. At the other near-by farm site, located adjacent to the main highway into Kitchener, a haul route was designed beneath the highway to reduce traffic conflict. The project yielded over two million tonnes of aggregate, while the landscape was changed in a pre-planned way to provide for several different land uses:

a) The upper elevation yielded approximately 30 feet of high quality sand and gravel which was removed and transported by off-road routes to the processing plant. In this situation, because of the site’s proximity to the urban area, the local generation of building refuse (and the concomitant dumping fees of $82 per tonne) allowed the infilling of the areas vacated by aggregate resources. The land was subsequently infilled to a similar elevation to the original landscape and now is used for light industrial and commercial use.

b) The area slightly below this in elevation, but above the regional floodline (therefore capable of being developed) has now been converted into 25 commercial lots after the removal of 20 feet of sand and gravel.

c) The lower area, below the regional floodline (thereby excluded from urban development) yielded over a million tonnes of sand and gravel. Within this area,

a recreational site has been developed with the creation of two landscaped lakes, and picnic sites for the residents of the local community.

Opposition to the aggregate rescue plan was initially encountered from both government agencies and the public. The local Conservation Authority was concerned with extraction below the floodline and the possible siltation of the adjacent river. The Urban Parks and Recreation Department and city planners were apprehensive with mining occurring in the city limits, near a recreation corridor. Public opposition to the proposal was primarily due to the transportation dangers and noise of large aggregate trucks on the local highway and roads.

Consultation with members of the public, and the different agencies required an examination of different site scenarios and potential compensation strategies for the affected parties. An alternative haul route was constructed to remove the potential traffic problem, settling ponds were installed to handle any siltation problems during mining, and a recreational site was designed as part of the reclamation plan.

A multi-purpose plan was created which has avoided the sterilization of valued aggregate resources in locations close to an old existing processing plant, which might have otherwise been closed due to exhaustion of available reserves.

Agencies that have traditionally been placed in an adversarial stand to the mining of aggregate resources are now realising the benefits of cooperation. Indeed, from this experience the city of Kitchener has induced its planners to pass a by-law to utilise, where it is possible, all aggregate resources on development sites in an urban rescue attempt to save resources.

Problems remain, however, such as creating the opportunity for the rapid mining of urban aggregate sources to reduce conflict among neighbouring land uses. Situations within the urban environment that allow rapid excavation and reclamation of potential sites, still must be placed through a slow approval process similar to full-scale mining operations. This is a problem because urban land values are too high for land to remain idle for a long period of time. The regulating ministry, despite its mandate to provide aggregates at reasonable social and environmental costs to the Ontario public, is very reluctant to expedite this

“window of opportunity”.

5 Conclusion

Hostile reactions to LULUs are still an obstacle to overcome. The history of land use conflict generated by the mining of aggregate resources in southern Ontario provides an insight into how people can be entrenched into positions with very little room for compromise. Many groups and individuals remain loath to constructively participate in doing anything that will increase the likelihood of success for aggregate operations because of this bitter history. This is unfortunate, for it is clear that opposition groups have much to offer in rendering

172 SUBSTANTIVE TECHNIQUES FOR CONFLICT RESOLUTION

the operations more sensitive to their concerns. It is significant to note that the attempts to initiate and develop strategies for conflict resolution have come from consultants acting on behalf of proponents, not from the public nor regulating government agencies.

In order to overcome the traditional hostility between “pro” and “anti”

aggregate stands, the authors have been using an enhanced view of the current demand for “no net loss” in Ontario developments. Mining is seen as an opportunity rather than a constraint. We have, as consultants, been promoting in our designs and with our clients the position that their proposal should examine in detail all opportunities for net environmental and social gains to the community. The vision that the landscape change concomitant with aggregate removal will lead to community benefits and landscape enhancement could be seen as a positive gain in changing current social attitudes in southern Ontario.

Certainly, the success rate at obtaining aggregate mining licenses with this approach (20 licenses out of 22 applications) indicates the value of substantive conflict resolution methodologies.

In both case studies outlined, it has been demonstrated that it is possible to coordinate land uses to reduce locational conflict. Creative and imaginative landscape change can often ensure that perceived incompatibilities are readily overcome. Mining, instead of being a degradational activity can create new landscapes that better fit future intended land uses, and can yield substantial financial benefits whilst creating new ecological and land use opportunities.

6 References

Bryant, C.R., Russwurm, L.H. and McLellan, A.G. (1982) The City’s Countryside:

Land use Management in the Urban Fringe. Longman Group Ltd., London, England.

Cullingworth, J.B. (1987) Urban and Regional Planning in Canada. Transaction Books, New Brunswick, New Jersey.

Lake, R.W. (1987) Resolving Locational Conflict. Centre for Urban Policy Research, Rutgers, New Jersey.

Marshall, I.B. (1982) Mining, Land Use, and the Environment. Lands Directorate, Environment Canada, Ottawa.

McLellan, A.G. (1990) Massive Landscape Change in Ontario: Integrating Geomorphology, Landscape Changes, Resources Management, and Human Activity, in Ontario: Geographical Perspectives on Economy and Environment (ed.

B.Mitchell),. Department of Geography Publication Series No. 34, University of Waterloo, Waterloo, pp. 205–235.

Susskind, L. and Cruikshank, J. (1987) Breaking the Impasse: Consensual Approaches to Resolving Public Disputes. Basic Books Inc., New York.

Ury, W., Brett, J., and Goldberg, S. (1988) Getting Disputes Resolved: Designing Systems to Cut the Costs of Conflict. Jossey-Bass Publishers, San Francisco.

“DO-IT-YOURSELF” HOMES—MORE

OR LESS CONFLICT PROBLEMS?

In document Construction Conflict & Resolution (Page 185-190)