Sculpture parks and sand mining operations might not mix well.

jeff | Dec 09, 2015

Stefan Duerst is no stranger to the Lafarge sand extraction pit that is located just behind his house and property on Buck Bay Road. The pit was there when he bought the property, and a right of way through his property to access the pit is used by trucks to haul sand out to Lafarge's plant in Kingston five days a week.

Nonetheless when he bought the property with his wife Tanya Harrington, he planned to use it for a sculpture studio and yoga centre.

“When we bought our 60-acre lot, I asked the plant manager at Lafarge what their long term plans were for the pit, and he said they would be all done in five years. We talked about the possibility of me buying the land once the pit was decommissioned,” said Duerst.

That has all changed now, as Lafarge has applied to the Ministry of Natural Resources and Forestry for an amendment to their site plan agreement at the property, which is known as the Fitzgerald Pit.

In a letter to adjacent landowners, Rod Price, Land Manager/Eastern Ontario for Lafarge, outlined Lafarge's current intentions towards the site.

“Given the number of years that the pit has been in operation and the limited area where the sand occurs, supply of this specialized type of sand has become limited. Lafarge has tested the sand material lying below the water table and found it meets its requirements when blended with the sand lying above the water table ... The current site plan for the Fitzgerald Pit limits excavation to being above the water table. In order to excavate from below the water table, the site plan must be amended,” he wrote.

Accompanying the letter was map of the land in question, which includes the outline of a lake that would be created by the expanded operation. The lake is described on the map as plus or minus 18 hectares (44 acres) in area, and plus or minus 10 metres deep. The lake is to be located over a hill at the edge of the Duerst/Harrington property.

In his letter to the landowners, Rod Price invites them to call him at his office in Ottawa “if you have any questions.”

Since receiving the notification letter, which was sent by registered mail on November 19, Stefan Duerst said he has called Price many times, each time leaving a message, but has not received a call back.

“My concern is about water running through two creeks on my property; the impact on my well; the impact of the expanded operation and excavation in terms of noise; and the impact of all this water and the materials it will carry on the watershed,” said Duerst.

The watershed drains into White Lake, within the Quinte Valley Watershed.

When contacted, staff at Quinte Conservation said they have received a hydrogeological study that was prepared for Lafarge in support of their site plan amendment application for the Fitzgerald Pit and are preparing to comment on it.

Paul McCoy, Planning and Regulations manager at Quinte, said that in these cases, hydrogeological studies are prepared by engineers working for the applicant to show that there will be no detrimental impacts on wells and groundwater in the vicinity of the site.

“As a conservation authority, we comment on whether those studies, in our view, prove the case they are making, but we have no authority in site plan amendment matters under the Aggregate Resources Act. We are simply a commenting agency. The authority lies with the Ministry of Natural Resources and Forestry. If there is also a permit to take water being sought, it comes under the purview of the Ministry of the Environment. We have received the study for this application,” he said.

The hydrogeological study and other documentation have also gone to Frontenac County and South Frontenac Township.

The News contacted the MNR, the approving agency in these matters, for details about how a site plan agreement amendment is evaluated by them under the Aggregate Resources Act, and we expect a response later this week.

Stefan Duerst has contacted his neighbors, who, he says, are upset about the potential implications of this change on their water and the use of their property going forward. He is meeting with the South Frontenac Township's planner this week, and has been in contact with the Ministry of the Environment as well.

“My understanding is that the land in question is considered a water regeneration resource for the watershed.” Duerst said.

Duerst and Hannigan are planning to develop a sculpture park and yoga retreat on their property. Duerst is a well known sculptor in Eastern Ontario. Just this week he found out that his piece “Soul Gate #4” is to be installed in the lobby of the newly established Tett Centre For Creativity and Learning in Kingston. Hannigan has moved her yoga studio, Feel Yoga, from Kingston to the property.

A public information session on the site plan amendment is set for the Bedford Hall on December 16 between 4 and 7 pm.