Vulcan County Subdivision & Development Appeal Board

VULCAN COUNTY SUBDIVISION & DEVELOPMENT APPEAL BOARD

January 6, 2021 Hearing No. DP56-2020 Appellant: Brandon and Nicole Bye Applicant: EDCO Aggregates

LIST OF EXHIBITS

A. Notice of Hearing and Location Sketch Map

B. List of Persons Notified

C. Notice of Appeal

D. Notice of Municipal Planning Commission (MPC) Decision including Development Permit Application

E. Request for Decision & supporting documentation for November 18, 2020 MPC Meeting

F. Response from Vulcan County Director of Operations

G. Email from Nicole Bye

H. Notice of Application

I. Municipal Planning Commission Minutes of November 5, 2020 Meeting - Approved

J. Municipal Planning Commission Minutes of November 18, 2020 Meeting - (unapproved)

K. Excerpts from Vulcan County Land Use Bylaw No. 2010-010

L. Excerpts from Vulcan County Municipal Development Plan Bylaw No. 2012-003

VULCAN COUNTY

NOTICE OF SUBDIVISION AND DEVELOPMENT APPEAL BOARD PRELIMINARY HEARING

Development Application DP56-2020

THIS IS TO NOTIFY YOU THAT IN ACCORDANCE WITH SECTION 686 OF THE MUNICIPAL GOVERNMENT ACT, REVISED STATUTES OF ALBERTA, 2000, CHAPTER M-26, AS AMENDED, A PANEL OF THE VULCAN COUNTY SUBDIVISION AND DEVELOPMENT APPEAL BOARD WILL HEAR AN APPEAL OF A DECISION BY THE:

Municipal Planning Commission of Vulcan County with respect to Development Permit Application DP56-2020

APPLICANT: EDCO Aggregates

APPELLANT: Brandon and Nicole Bye

LEGAL DESCRIPTION: NW ¼ 32-19-23 W4M

PROPOSAL: Resource Extraction - Gravel Pit

DECISION: Approved with Conditions

PLACE OF HEARING: Electronic Virtual Meeting

DATE OF HEARING: January 6, 2021 TIME OF HEARING: 1:30 p.m.

NOTE: This will be a procedural matters hearing to officially commence the appeal and establish the jurisdiction of the Appeal Board. The matter subject of this hearing is to establish a date for continuance of the hearing to a specified date in 2021, given the current COVID-19 Public Health Restrictions. All affected parties will be notified in writing of the rescheduled hearing date and provided with information on how to submit written briefs and presentations to the Clerk for the merit hearing.

PERSONS WHO WISH TO SUBMIT A WRITTEN PRESENTATION MUST SUBMIT BRIEFS REGARDING THIS MATTER TO THE CLERK OF THE SUBDIVISION AND DEVELOPMENT APPEAL BOARD NO LATER THAN THE 4th DAY OF JANUARY, 2021.

DATE: December 14, 2020 ______Diane Horvath, Clerk Subdivision & Development Appeal Board (SDAB) A1 VULCAN COUNTY SUBDIVISION AND DEVELOPMENT APPEAL BOARD

Appeal Hearing DP56-2020 Vulcan County, Alberta

NW ¼ 32-19-23 W4M

A2 VULCAN COUNTY SUBDIVISION & DEVELOPMENT APPEAL BOARD

Development Application DP56-2020 APPEALLANT: Brandon and Nicole Bye APPLICANT: EDCO Aggregates

Vulcan County MPC (6) Board Members Appellant: Brandon & Nicole Bye Vulcan County CAO – Nels Petersen Jodie Gateman Vulcan County Development Officer Michael Monner Applicant: EDCO Aggregates – Anne Erickson Christopher Northcott Vulcan County Planner – Ryan Dyck Grant Turner Landowner: Wade Wyatt

Agencies Notified: Adjacent Landowners Notified: Telus Faye Oakes Sunshine Gas Co-op Ltd. Earl Auvigne Northwest Fire Department Margaret Shelstad Alberta Environment & Parks (Water) Eric and Brenda Ingraham Alberta Environment & Parks (Public Lands)

B1 C1 ● To Vulcan county secretary of subdivision and development ● We purchased our new remote piece of property on sept 4 2020

● Approximately 2 months after we were admining our new life we were notified of a pending gravel pit project that is to share our property line

● Unaware of this project we found that the sellers knew about this and did not discuss this important information with us at the time of the purchase of our new place in the country.

● The city however did go out of their way to inform us of this project, and did so with 4 days till approval.

● We the current owners of 235009 township Road 200, to appeal this development by edco aggregates file # DP 56-2020

● This gravel pit will increase traffic, noise, aim pollution e.g. (Exsahast, dust) and negatively impact our value of our new home and life.

Sincerely Brandon and Nicole Bye

C2 D1 D2 D3 D4 D5 D6 D7 Request for Decision

Regular Meeting of the Municipal Planning Commission — November 18, 2020 Development Permit 56-2020 EDCO Aggregates Resource Extraction – Gravel Pit NW 32-19-23 W4

Recommended Action: That the Municipal Planning Commission approve Development Permit 56-2020 with the following conditions:

1. No Development authorized by this Development Permit shall commence: a. Until at least 21 days after the issue of the Development Permit, or b. If an appeal is made, until the appeal is decided on 2. The minimum/maximum requirements for all setbacks as established in Land Use Bylaw 2010-010 are met. There will be a 38.1 meter buffer from the road allowance for the new pit and all structures and buildings shall be setback 7.6 meters from the property line. 3. Any permits or approvals, if required by Alberta Transportation, shall be obtained and a copy of the permit or approval shall be submitted to the County. 4. Any permits or approvals, if required by Alberta Environment, shall be obtained, and a copy of the permit or approval shall be submitted to the County. 5. Any permits or approvals required for sanitary sewage and water services shall be supplied in accordance with Alberta Safety Codes Act and Alberta Environment. 6. The applicant is solely responsible to obtain and comply with any other required Municipal, Provincial or Federal government permits, approvals, or licenses. 7. All development shall be located in accordance with the approved plan and haul route as submitted, or as directed by the Vulcan County Director of Operations. 8. That, pursuant to Section 650 of the Municipal Government Act and Section 36 of the Vulcan County Land Use Bylaw No.2010-010, the applicant or owner or both enter into a development agreement with Vulcan County, which shall be registered on the land title of the subject lands. 9. Annual review of the conditions of the Development Permit and Development Agreement as they relate to the approved Code of Practice for Pits. 10. That operations of the resource extraction must comply with the Code of Practice for pits. 11. Security in the form of a Reclamation Deposit of $4,900 per ha ($2,000 per ac) if over 5 ha (12 ac) OR Reclamation Deposit of $7,400 per ha ($3,000 per ac) if less than 5 ha (12 ac). 12. That the applicant must participate in Vulcan County’s Dust Abatement Program on the designated haul route as required, to the satisfaction of Vulcan County, or as directed by the Director of Operations. 13. Site reclamation shall occur incrementally as per the approved plan. 14. Gravel pit operation shall be limited to the hours of 6:00 a.m. to 8:00 p.m., 6 days per week; or as directed by the Director of Operations. The operations shall be closed on Sundays and statutory holidays including New Year’s Day, Alberta Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Remembrance Day, and Christmas Day. 15. Soils shall be reclaimed in accordance with the approved plans and the guidelines specified by the Code of Practice for Pits. There shall be no sale of overburden without the appropriate

5 b) - 18 Nov 2020 Page 15 of 82 approvals from the County. The reclamation shall be completed within one (1) year of the depletion, or part thereof, of the pit supply. 16. Potential soil erosion risk shall be minimized by seeding the stockpiled soils and reclaimed pit with a certified weed-free grass mixture to enable rapid growth of vegetative cover. 17. Topsoil, overburden and gravel materials to be stockpiled in accordance with the approved Plan. 18. Appropriate trash bins to be located on site; no garbage to be imported to the site; and all seasonal shut down garbage, recyclables and used oil are to be removed to an approved disposal facility. 19. Posting of appropriate warning signs to inform the public of potential hazards to the satisfaction of the County. 20. Adequate fencing to be provided to keep livestock out of the pit area. 21. On site weed control is required. 22. Soil reclamation will be required if contamination occurs as a result of equipment, equipment maintenance or repair. 23. Portable commercially serviced toilets shall be used at all times. 24. Any expansion of pit boundaries shall require a new development permit. 25. The haul route will be West on Twp Rd 200 and North on HWY 24 as per the submitted plan. 26. Operational / Development Permit is subject to a five year term. 27. Failure to comply with any of the listed conditions will nullify the Development / Operational Permit. 28. Contraventions of the Development Permit will result in the permit being nullified. 29. A regular report on the status of the gravel pit and payment of the community aggregate levy must be submitted to Vulcan County as per Bylaw 2017-027. 30. The applicant shall ensure that the physical access to the property meets the standard required and is to the satisfaction of the Director of Operations. 31. The applicant shall enter into a road approach agreement with Vulcan County.

Proposal & Background At the November 5th MPC meeting, administration requested this application be tabled until consultation with the adjacent landowner, specifically the acreage to the West of the application, could be consulted with and made aware of the application. To date, neither administration nor the applicant has been able to contact the landowner. I will update the RFD package as more information is made available.

EDCO Aggregates has submitted an application for a gravel pit on NW of 32-19-23-W4M which is located approximately 8km South of Arrowwood. The site is a bare land agricultural parcel, currently being utilized for extensive agriculture activities. The applicant has proposed to access the site from the North, along Twp Rd 200. It appears that this proposed access point will have to be improved as the approach is primarily accessing the adjacent parcel to the East. This is reflected in condition number 31.

The site proposal is to operate a sand and gravel extraction where the material is mined, and processed on site, then haul it out when it is sold. The extraction is primarily to take place on the north east corner of the property, in an area encompassing approximately 12.4 acres. The applicant has provided a development proposal outlining the approximate amount of material to be mined each year and an estimated lifetime of the project at 10 years. They have also supplied details on their stockpiling, haul route, site security, hours of operation, and reclamation plan. A summary of public consultation was provided, in the attachments as Appendix A. E2

5 b) - 18 Nov 2020 Page 16 of 82 The application was sent to landowners within a one mile radius of the proposal. At this time, administration has received only agency responses. ATCO and TELUS have no objections. The Director of Operations has advised the two approaches on the quarter require upgrading.

Land Use Bylaw 2010-010

The Vulcan County Land Use Bylaw No. 2010-010, designates the subject lands as (RG) – Rural General Land Use District, where Resource Extraction is a discretionary use, making the Municipal Planning Commission the development authority in this application [Section 48].

Further, the Development Permit application was circulated to those persons likely to be affected, including adjacent and surrounding landowners, surrounding municipalities, Vulcan County departments, government departments and referral agencies [Section 51]. At the time of writing this report we have received a reply from Telus expressing no concerns with this development.

FOIP Considerations Development Permits are advertised once approved and so become public knowledge. Implementation/Communication Should the Municipal Planning Commission approve Development Permit 56-2020, the applicant and affected neighbouring landowners will be notified.

Submitted By Anne Erickson, Manager of Development Services

CAO Comments

Attachments Development Permit Application Development Proposal Wyatt Gravel Pit Development Plan Ortho Photo

5 b) - 18 Nov 2020 Page 17 of 82 5 b) - 18 Nov 2020 E4 Page 18 of 82 5 b) - 18 Nov 2020 E5 Page 19 of 82 5 b) - 18 Nov 2020 E6 Page 20 of 82 5 b) - 18 Nov 2020 E8 Page 21 of 82 WYATT GRAVEL PIT DEVELOPMENT PLAN

EDCO AGGREGATES LTD. WYATT GRAVEL PIT EDC19001-RPT-001 REVISION 0 JULY 15, 2019

HIGHER GROUND CONSULTING | 1700, 521 3rd Avenue SW, Calgary, AB T2P 3T3 | www.hgc.solutions

5 b) - 18 Nov 2020 E9 Page 22 of 82 EDCO Aggregates Ltd. Wyatt Gravel Pit Development Plan EDC19001-RPT-001 Rev 0

TABLE OF CONTENTS

1 OVERVIEW ...... 2 2 PROPOSED SITE ACTIVITIES ...... 2 3 CONSULTATION ...... 2 4 EXISTING SITE CONDITIONS ...... 2 5 PROJECT DESCRIPTION AND OPERATIONS ...... 3

5.1 HOURS OF OPERATION ...... 3 5.2 SITE SECURITY AND SIGNAGE ...... 3 5.3 SOIL SALVAGE ...... 3 5.4 TRANSPORTATION ACCESS ...... 3 5.5 HAUL ROUTE ...... 3 5.6 BUFFERS AND SETBACKS ...... 4 5.7 WASTE MANAGEMENT ...... 4 5.8 NOISE CONTROL ...... 4 5.9 DUST AND EROSION CONTROL ...... 4 6 RECLAMATION ...... 4 7 CLOSURE ...... 5 IMPORTANT INFORMATION AND LIMITATIONS OF THIS REPORT ...... 6 ATTACHMENT 1: SITE PLAN ...... 8 ATTACHMENT 2: CONSULTATION RECORDS ...... 9

5 b) - 18 Nov 2020 E10 Page 23 of 82 EDCO Aggregates Ltd. Wyatt Gravel Pit Development Plan EDC19001-RPT-001 Rev 0

1 Overview

EDCO Aggregates Ltd. (EDCO) is proposing to develop a Class 2 sand and gravel pit less than 5 hectares (ha) in size, the Wyatt Gravel Pit, located within the land location Northwest quarter section of Section 32, Township 19 and Range 23 West of the 4th Meridian within Vulcan County. Mr. Wade Wyatt owns the property, which is currently used for cattle grazing, and hay and grain crops. The intent is to mine a less-than-five-hectare portion, in the Northeast area of the property, for gravel, process it on site and then haul to locations in the region to be used for construction purposes. The proposed site is depicted in Attachment 1. The site has an estimated 350,000 tonnes of marketable construction aggregate. The site will operate for an estimated 5 years, upon which it will be returned to the equivalent land capability. EDCO recognizes the impact that a sand and gravel development can have on surrounding neighbors and is intent on minimizing; the development’s footprint, the disturbance of sensitive environments, water use, and dust and noise and contamination. This Municipal Development Permit and associated Site Development Proposal is developed to support EDCO’s application for rezoning of a Land Use Designation from ‘Ranch and Farm’ to ‘RuraI General’ under Vulcan County bylaw where a gravel pit is listed as a discretionary use.

2 Proposed Site Activities

It is estimated that the Wyatt Gravel Pit will operate for approximately 5 years based on an aggregate reserve of 350,000 tonnes and an estimated process and haul of 70,000 per year. The significant project activities associated with the proposed pit area:

• Soils stripping, stockpiling and progressive reclamation

• Aggregate Mining / Crushing

• Aggregate Loading (loader, trucks, scale)

3 Consultation

Records of the consultation completed to date by EDCO are contained in Attachment 2.

4 Existing Site Conditions

The Pit is located in the northern portion of Vulcan County, approximately 13.6 km South-East of the Hamlet of Mossleigh. It is situated approximately 8 km East of Highway 24 on Range Road 200. A site plan has been included, which describes stockpile locations, access road, disturbed area and property line. All county setbacks from roads, structures and property lines will be adhered to.

5 b) - 18 Nov 2020 E11 Page 24 of 82 EDCO Aggregates Ltd. Wyatt Gravel Pit Development Plan EDC19001-RPT-001 Rev 0

The proposed facility lies within the Mixedgrass Natural Subregion of South-Western Alberta (SCA 3). The soils found in the area were correlated with the 2016 Alberta Soil Names Generation 4 Users Handbook (Agriculture and Agri-Food Canada 2016). There is an estimated average of 7.5 cm of topsoil, 15 cm of subsoil and 120 cm of overburden on site.

5 Project Description and Operations

5.1 Hours of Operation The expected hours of operation for the gravel pit will be:

• Monday to Friday: 7:00 am to 7:00 pm

• Saturday: 7:00 am to 5:00 pm

• Sundays and Statutory Holidays: Closed

5.2 Site Security and Signage EDCO will post easy to view signage that warn any individuals looking to enter of the dangers and risks associated with the site. Signage including; ‘Danger: Open Pit’, and ‘No Trespassing’ will be placed at multiple points along the perimeter fence and on the gate. EDCO’s name and contact information will appear on the sign at the front gate.

5.3 Soil Salvage All salvaged soils will be stored separately and protected to be used for future replacement and reclamation. Topsoil will be separated and stockpiled in the northwest corner of the site. The subsoil stockpile area will be stripped of topsoil prior to the placement of the subsoil stockpile, which will be located in the northeast corner of the site. The overburden stockpile location runs along the north boundary of the site. This location will first be stripped of topsoil and subsoil before being used for storage. Stockpile locations are detailed in the attached Site Plan.

5.4 Transportation Access Access to the site will be from Township Road 200 on the north side of the property. A single 10-metre wide road will run north/south, perpendicular to Township Road 200 along the east side of the pit, paralleling an existing fence and property line for before entering the pit area. Given that the current access into the land is a single narrow approach, EDCO will request to widen the approach and install the necessary culvert at their own expense.

5.5 Haul Route The aggregates produce and hauled from the Wyatt Gravel Pit will service a number of surrounding communities. Expectations are that load traffic related to the pit will typically use one main haul route: West on Township Road 200 to Hwy 22x.

5 b) - 18 Nov 2020 E12 Page 25 of 82 EDCO Aggregates Ltd. Wyatt Gravel Pit Development Plan EDC19001-RPT-001 Rev 0

5.6 Buffers and Setbacks All structures and the edge of the proposed gravel pit will be a minimum of 38.1 metres from the centre line of the nearest road and 7.6 metres from the property line.

5.7 Waste Management Portable sanitary facilities will be located onsite. Collection of sanitary waste will occur as needed, hauled and deposited at an approved wastewater treatment facility. Domestic waste will be collected as required and disposed of at an approved landfill facility.

5.8 Noise Control All site operations will be conducted to meet Municipal and Provincial regulations. Standard operating procedures to support noise mitigation will include:

• Routine Maintenance of equipment and vehicles;

• The use of engine retarder brakes on load vehicles will be prohibited;

• Crusher in pit will receive routine maintenance.

5.9 Dust and Erosion Control If required, EDCO will use calcium chloride or water on Township Road 200, as required to suppress dust. Dust control will focus on those sections of the haul route that pass near to residences. Topsoil pile will be seeded with a grass mixture to minimize dust and erosion.

6 Reclamation

At the end of life of the Wyatt Gravel Pit, the area disturbed will be reclaimed for use as agricultural lands and for cattle grazing, returning the site to equivalent land capability existing prior to the pit. Overburden and reject materials from the site will be used to construct major contours and features. This overburden will be compacted in re-defined layers to create a stable sub-grade, which will then be covered with the salvaged subsoil and topsoil. Reclaimed land will be seeded with the appropriate seed mixture for revegetation.

5 b) - 18 Nov 2020 E13 Page 26 of 82 EDCO Aggregates Ltd. Wyatt Gravel Pit Development Plan EDC19001-RPT-001 Rev 0

7 Closure

We trust that this report satisfies your present requirements for the project. If you have any questions or concerns, please contact the undersigned at your earliest convenience.

Respectfully Submitted,

HIGHER GROUND CONSULTING INC. APEGA PERMIT TO PRACTICE P12420

Wesley Ferris, P.Eng. Principal Civil Engineer

5 b) - 18 Nov 2020 E14 Page 27 of 82 EDCO Aggregates Ltd. Wyatt Gravel Pit Development Plan EDC19001-RPT-001 Rev 0

Important Information and Limitations of This Report

Higher Ground Consulting Ltd. (“HGC”) has prepared this report in a manner consistent with the care and skill ordinarily exercised by experienced, prudent members of the engineering and science professions currently practicing under similar conditions in the same geographic areas and subject to the same financial, physical, and time constraints as those affecting such services (the “Standard of Care”). No other warranty expressed or implied is made. This report and the information, recommendations and opinions expressed in it are for the sole and exclusive use and benefit of the client identified in the body of this report (the “Client”). No other party may use or rely on this report or any portion thereof without HGC’s express written consent. If the report was prepared to be included for a specific permit application or other regulatory process, then upon the reasonable request of the Client, HGC may authorize in writing the use of this report by the regulatory agency as an Approved User for the specific and identified purpose of the applicable process. Any other use of this report by others is prohibited and is without responsibility or liability to HGC. The Client and Approved Users may not give, lend, sell, or otherwise make available the report or any portion thereof to any other party without the express written permission of HGC. The Client acknowledges that electronic media is susceptible to unauthorized modification, deterioration and incompatibility and therefore the Client cannot rely upon the electronic media versions of HGC’s report or other products. This report has been prepared for the specific site, environmental objectives, development and purpose described to HGC by the Client. The factual data, interpretations and recommendations pertain to a specific project as described in the report and are not applicable to any other project or site location. Any change of site conditions, purpose, development plans or if the project is not initiated promptly following the date of this report may alter the validity of the report. HGC cannot be responsible for use of this report, or potions thereof in such circumstances, unless HGC is requested to review and, if necessary, revise the report. The report is of a summary nature and is not intended to stand alone without reference to the instructions given to HGC by the Client, communications between HGC and the Client, and to any other reports prepared by HGC for the Client relative to the specific site described in the report. In order to properly understand the suggestions, recommendations and opinions expressed in this report, reference must be made to the whole of the report. HGC cannot be responsible for use of portions of the report without reference to the entire report. Unless otherwise stated, the suggestions, recommendations and opinions given in this report are intended only for guidance of the Client in the execution of the specific project. The extent and detail of investigations and studies necessary to determine all of the relevant conditions, which may affect construction and other project costs may be greater than has been carried out for design purposes. Contractors bidding on, or undertaking any work associated with the subject matter of this report must rely on their own investigations, as well as their own interpretations of the factual data presented in the report, as to how conditions may affect their own work, including but not limited to proposed construction techniques, schedule, safety and equipment capabilities. Classification, identification, investigation and monitoring of natural and environmental conditions (including without limitation soil and vegetation assessment, wildlife surveys, fisheries and aquatics assessments, and wetland assessments) have been based on commonly accepted methods employed in the biophysical science and related

5 b) - 18 Nov 2020 E15 Page 28 of 82 EDCO Aggregates Ltd. Wyatt Gravel Pit Development Plan EDC19001-RPT-001 Rev 0

disciplines. Classification and identification of these conditions involves applying professional judgement to complex and dynamic natural systems. Accordingly, while this report is prepared in accordance with the Standard of Care, HGC cannot and does not warrant or guarantee the exactness of such classification, identification, investigation or monitoring. All investigations involve an inherent risk that some conditions will not be detected and documents and records summarizing such investigations may be based on assumptions as to what exists between the actual points sampled. Special risks occur whenever complex natural and environmental conditions and systems are assessed. The conditions that HGC interprets to exist between and beyond sampling points may differ from those that actually exist. The natural and environmental conditions shown in the factual data and described in the report are the observed conditions at the time of their determination or measurement. Unless otherwise noted, those conditions form the basis of the recommendations in the report. However, natural and environmental systems are complex and dynamic and may change materially over time. Unless otherwise stated, the findings cannot be extended to previous or future site conditions, portions of the site which were unavailable for direct investigation, locations which were not investigated directly, or chemical parameters, materials or analysis which were not addressed. The interpretation of the data and observations concerning the Site, as well as conclusions and recommendations resulting from these, take into account the laws, regulations, standards, policies and guidelines (collectively “Legislation”) applicable and in effect at the time of preparation of the report. Any change in such Legislation may result in the need to review this report and modify its recommendations and conclusions. No provision of this report shall be considered a legal opinion, and HGC cannot provide such an opinion. All opinions and recommendations for reclamation and remediation of a site contained in this report have been prepared in accordance with the Standard of Care, based on the conditions observed at the site and subject to the qualifications and discussion contained in this report. The results of such recommendations depend on a large range of natural and other factors beyond the control of HGC. Therefore, the results of any recommended reclamation or remediation activities are not warranted or guaranteed.

All details of the Client’s proposed project may not have been known at the time of submission of HGC’s report. HGC should be retained to review the final design, project plans and documents to confirm that they are consistent with the intent of HGC’s report. During any construction or other activities associated with the subject matter of this report, HGC should be retained to perform sufficient and timely observations of encountered conditions to confirm and document that the conditions do not materially differ from those interpreted conditions considered in the preparation of HGC’s report and to confirm and document that construction activities do not adversely affect the suggestions, recommendations and opinions contained in HGC’s report. Adequate field review, observation and testing during construction and site activities are necessary for HGC to be able to provide letters of assurance, in accordance with requirements of many regulatory authorities. Where conditions encountered at the site differ significantly from those anticipated or assumed in this report, either due to natural variability of conditions or construction activities, it is a condition of this report that HGC be notified of such changes and be provided with the opportunity to review or revise the recommendations within this report. Recognition of changed natural and other conditions requires experience and it is recommended that HGC be employed to visit the site with sufficient frequency to detect if conditions have changed significantly.

5 b) - 18 Nov 2020 E16 Page 29 of 82 EDCO Aggregates Ltd. Wyatt Gravel Pit Development Plan EDC19001-RPT-001 Rev 0

Attachment 1: Site Plan

5 b) - 18 Nov 2020 E17 Page 30 of 82 5 b) -18 Nov 2020

0 35 70 Meters Page 31 of 82

E18 EDCO Aggregates Ltd. Wyatt Gravel Pit Development Plan EDC19001-RPT-001 Rev 0

Attachment 2: Consultation Records

5 b) - 18 Nov 2020 E19 Page 32 of 82 5 b) - 18 Nov 2020 E20 Page 33 of 82

Page 34 of 82

5 b) - 18 Nov 2020

E21 Diane Horvath

From: Mike Kiemele Sent: Monday, October 26, 2020 11:53 AM To: Nathan Hill Cc: Anne Erickson Subject: RE: Notification of Proposed Development 56-2020

Morning Nate

I had one of my guys go look at this development and I have a couple things we need to consider. 1) There is currently two approaches into this quarter that we should have upgraded to current County standards. 2) Haul routes. Twp Rd 200 goes straight west to Hwy #24. It is highly unlikely that the road in that direction will ever see a permanent road ban. But going to the east Twp Rd 200 intersects with Rge Rd 234 (the Marshall Road). The hard surfacing was just recently milled off and the axle weight allowance (road ban) has gone back to 100%. There is the potential for that road to be resurfaced with hard top, if that happens that road will be down graded to a maximum of 90%. I don’t think that we need a road use agreement or haul routes in place for this but I think that the developer should be notified of this possibility. Thanks Mike

From: Nathan Hill Sent: Thursday, October 22, 2020 10:18 AM To: Mike Kiemele Subject: Notification of Proposed Development 56‐2020

October 22, 2020 Our File: DP 56-2020

Vulcan County Public Works Department [email protected]

Notification of Proposed Development

Vulcan County has received a development permit application:

Legal Land Location: NW 32-19-23 W4 Type of Development: Gravel Pit Land Use District: (RG) – Rural General 1 F1 Applicant: EDCO Aggregates Ltd.

The Municipal Planning Commission will be meeting to consider this application on November 5, 2020 at 9:00 a.m. Vulcan County Administration Building, 102 Centre Street Vulcan, Alberta.

If you have any concerns or comments regarding this development or if you require more information, please contact the Vulcan County office, quoting the above file number by 4:00 pm on November 3, 2020, to the Development Department via regular mail, fax, email [email protected], or call 403-485-3135.

Kindest Regards,

Anne Erickson Manager of Development Services Vulcan County

F2 2 4 F3 Disclaimer: This message is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure.

Disclaimer: This message is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure.

F5 5 From: Nicole Bye Sent: Monday, November 16, 2020 4:14 PM To: Anne Erickson Subject: Regarding File number DP 56-2020

It’s been brought to my attention just yesterday that a gravel pit is trying to be put in .5km of my newly bought home. My son for one has asthma so that in it self is not good for him. We moved from bc to buy some beautiful land and to have a gravel pit be put right beside the only home with many many acres around us makes no sense. Why would that even be an option?? We can’t come in as I’m high risk and so is my son so it’s not an option for us to speak directly. We have only lived here since early September from BC so we weren’t aware as the sellers did not inform us. If anything can be done to change this outcome please let me know. The chemicals that would be put down to stop all the dust is just as bad if not worse. Not to mention the noise. with covid going strong are home is our place of safety and calm, Not noise and dust, chemicals and so on. There has to be somewhere else this pit can be put? Please keep this all in mind, would you do it to your family?

Please keep us in mind when your trying to put this through. With the world going totally crazy and my kids being scared a lot now and missing the friends and family they had back in BC let’s work together to make Alberta feel like home not like we are outsiders being ignored.

Thank you for your time.

Nicole, Brandon, Hayden & Jaxton Bye -- Nicole Bye -- Nicole Bye <3

1 G1 P.O. BOX 180 TELEPHONE: 1-403-485-2241 VULCAN, ALBERTA TOLL FREE: 1-877-485-2299 T0L 2B0 FAX: 1-403-485-2920 www.vulcancounty.ab.ca

November 5, 2020 Our File: DP 56-2020

Notification of Proposed Development

Vulcan County has received a development permit application:

Legal Land Location: NW 32-19-23 W4 Type of Development: Gravel Pit Land Use District: (RG) – Rural General Applicant: EDCO Aggregates Ltd.

The Municipal Planning Commission will be meeting to consider this application on November 18, 2020 at 9:00 a.m. Vulcan County Administration Building, 102 Centre Street Vulcan, Alberta.

If you have any concerns or comments regarding this development or if you require more information, please contact the Vulcan County office, quoting the above file number by 4:00 pm on November 17, 2020, to the Development Department via regular mail, fax, email [email protected], or call 403-485-3132.

Kindest Regards,

Anne Erickson Manager of Development Services Vulcan County

H1 H2 H3 I1 I2 VULCAN COUNTY MINUTES Municipal Planning Commission Meeting 9:00 a.m. November 18, 2020 Council Chambers Administration Building 102 Centre Street, Vulcan, Alberta

Chair Shane Cockwill Vice Chair Doug Logan(Remote) Present: Member Serena Donovan(Remote) Member Laurie Lyckman Member Ryan Fleetwood Member Jason Schneider

Nels Petersen, Chief Administrative Officer(Remote) Colleen Dickie, Development & Legislative Assistant Anne Erickson, Manager of Development Services Also Present: Nathan Hill, Development Officer Ryan Dyck, ORRSC Planner

As per Procedural Bylaw 2013-026 All Resolutions of the Municipal Planning Commission are recorded Votes, when resolutions are carried unanimously, names will not be recorded.

Call to Order Chair Cockwill called the meeting to order at 9:00 a.m.

Adoption of Agenda and Emergent Issues MPC 2020-11-18-01 MOVED BY MEMBER LYCKMAN that the agenda be adopted as presented. CARRIED UNANIMOUSLY.

Adoption of Minutes Minutes of the November 5, 2020 Municipal Planning Commission Meeting MPC 2020-11-18-02 MOVED BY MEMBER LYCKMAN that the minutes of the November 5, 2020 Municipal Planning Commission be adopted as presented. CARRIED UNANIMOUSLY. Action List Development Permit Summary MPC 2020-11-18-03 MOVED BY MEMBER FLEETWOOD that the Development Permit Summary be accepted for information. CARRIED UNANIMOUSLY. J1 Municipal Planning Commission - Minutes November 18, 2020

Development Permits Development Permit 58-2020 -Pioneer Farms Setback Waiver - Ag Building NE 11-19-21 W4 PT

Administration spoke to the application. Concerns brought forward as follows:  How many bins are proposed  Would bins have to be moved if road improvements need to be made in future  What happens if the road needs to be improved? Whose responsibility is it to move the bins  Do we know if the county approved the existing bins on the property  75% setback is a huge setback  We have kept people set back from property lines previously  We need to be consistent  Three bins on north side of roadway, do they cross over the property line Administration stated there are no previous development permits on file that are similar. Administration stated that if the bins are already there, engineering would address this as the road needs to be rebuilt.

The applicant was not present. No one came forward to speak to the application.

MPC 2020-11-18-04 MOVED BY MEMBER FLEETWOOD that the Municipal Planning Commission approve Development Permit 58-2020 for a setback waiver for an Agricultural Building with the following conditions:

FOR: AGAINST: Vice Chair Logan Member Schneider Member Fleetwood Member Lyckman Chair Cockwill Member Donovan

CARRIED.

Development Permit 56-2020 - EDCO Aggregates Resource Extraction - Gravel Pit NW 32-19-23 W4

Administration spoke to the application. Administration distributed the current adjacent landowner's letter to council regarding concerns against the application regarding health reasons and property value plus the fact that they were not informed of the application before purchasing the property.

Concerns brought forward were as follows:  Public consultation started with the previous landowner and the applicant  The current landowner has not had any consultation with the applicant.  Suitability of site No one came forward to address the application.

MPC 2020-11-18-05 MOVED BY MEMBER FLEETWOOD that the Municipal Planning Commission approve Development Permit 56-2020 for a Resource Extraction - Gravel Pit with the following conditions:

J3 Municipal Planning Commission - Minutes November 18, 2020 4. Any permits or approvals, if required by Alberta Environment, shall be obtained, and a copy of the permit or approval shall be submitted to the County. 5. Any permits or approvals required for sanitary sewage and water services shall be supplied in accordance with Alberta Safety Codes Act and Alberta Environment. 6. The applicant is solely responsible to obtain and comply with any other required Municipal, Provincial or Federal government permits, approvals, or licenses. 7. All development shall be located in accordance with the approved plan and haul route as submitted, or as directed by the Vulcan County Director of Operations. 8. That, pursuant to Section 650 of the Municipal Government Act and Section 36 of the Vulcan County Land Use Bylaw No.2010-010, the applicant or owner or both enter into a development agreement with Vulcan County, which shall be registered on the land title of the subject lands. 9. Annual review of the conditions of the Development Permit and Development Agreement as they relate to the approved Code of Practice for Pits. 10. That operations of the resource extraction must comply with the Code of Practice for pits. 11. Security in the form of a Reclamation Deposit of $4,900 per ha ($2,000 per ac) if over 5 ha (12 ac) OR Reclamation Deposit of $7,400 per ha ($3,000 per ac) if less than 5 ha (12 ac). 12. That the applicant must participate in Vulcan County’s Dust Abatement Program on the designated haul route as required, to the satisfaction of Vulcan County, or as directed by the Director of Operations. 13. Site reclamation shall occur incrementally as per the approved plan. 14. Gravel pit operation shall be limited to the hours of 6:00 a.m. to 8:00 p.m., 6 days per week; or as directed by the Director of Operations. The operations shall be closed on Sundays and statutory holidays including New Year’s Day, Alberta Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Remembrance Day, and Christmas Day. 15. Soils shall be reclaimed in accordance with the approved plans and the guidelines specified by the Code of Practice for Pits. There shall be no sale of overburden without the appropriate approvals from the County. The reclamation shall be completed within one (1) year of the depletion, or part thereof, of the pit supply. 16. Potential soil erosion risk shall be minimized by seeding the stockpiled soils and reclaimed pit with a certified weed- free grass mixture to enable rapid growth of vegetative cover. J4 Municipal Planning Commission - Minutes November 18, 2020 17. Topsoil, overburden and gravel materials to be stockpiled in accordance with the approved Plan. 18. Appropriate trash bins to be located on site; no garbage to be imported to the site; and all seasonal shut down garbage, recyclables and used oil are to be removed to an approved disposal facility. 19. Posting of appropriate warning signs to inform the public of potential hazards to the satisfaction of the County. 20. Adequate fencing to be provided to keep livestock out of the pit area. 21. On site weed control is required. 22. Soil reclamation will be required if contamination occurs as a result of equipment, equipment maintenance or repair. 23. Portable commercially serviced toilets shall be used at all times. 24. Any expansion of pit boundaries shall require a new development permit. 25. The haul route will be West on Twp Rd 200 and North on HWY 24 as per the submitted plan. 26. Operational / Development Permit is subject to a five year term. 27. Failure to comply with any of the listed conditions will nullify the Development / Operational Permit. 28. Contraventions of the Development Permit will result in the permit being nullified. 29. A regular report on the status of the gravel pit and payment of the community aggregate levy must be submitted to Vulcan County as per Bylaw 2017-027. 30. The applicant shall ensure that the physical access to the property meets the standard required and is to the satisfaction of the Director of Operations. 31. The applicant shall enter into a road approach agreement with Vulcan County. CARRIED UNANIMOUSLY.

Development Permit 59-2020 - Phillips/Ferguson Bed & Breakfast with Setback Waiver SW 21-19-24 W4 PT

Administration spoke to the application. Applicant is working with Park Enterprises in order to meet code. Concerns brought forward were as follows:  Is there a way to meet setbacks by moving the site  Is the building going on a permanent foundation Administration said there were no details as to why the site had to be there, and it will be placed on a permanent foundation.

The applicant was not present. J5 Municipal Planning Commission - Minutes November 18, 2020 No one came forward to speak to the application. No action taken at this time.

Subdivisions Subdivision Application 2020-0-122 - Lievaart SE1/4 21-16-26 W4

Administration spoke to the application. No concerns were brought forward.

The applicant was present but chose not to come forward.

MPC 2020-11-18-06 MOVED BY MEMBER Logan that the Country Residential subdivision application 2020-0-122 of SE 21-16-26 W4M (Certificate of Title No. 031 058 814 +2), to create a 4.62 (1.87 ha) parcel from a fragmented but previously unsubdivided quarter section; be approved subject to the following conditions: 1. That, pursuant to section 654(1)(d) of the Municipal Government Act, all outstanding property taxes shall be paid to the Vulcan County. 2. That, pursuant to Section 655(1)(b) of the Municipal Government Act, the applicant or owner or both enter into a Development Agreement with the Vulcan County which shall be registered concurrently with the final plan against the title(s) being created. 3. That a 20 meter service roadway shall be dedicated by caveat over the remnant lands west of the proposed parcel to comply with section 15(2) of the Subdivision and Development Regulation. The applicant should contact Alberta Transportation to finalize this condition. CARRIED UNANIMOUSLY.

Subdivision Application 2020-0-128 - Southgate NW 1/4 30-16-26 W4

Administration spoke to the application.

No concerns were brought forward. The applicant was not present. No one came forward to speak to the application.

MPC 2020-11-18-07 MOVED BY MEMBER LYCKMAN that the Country Residential subdivision application 2020-0-128 of NW 30-16-26 W4 (Certificate of Title No. 131 135 254 +3), to subdivide a 10.18 acre farmstead from a titled area comprising 158.12 acres for country residential use, be approved with the following conditions:

J6 Municipal Planning Commission - Minutes November 18, 2020 1. That, pursuant to Section 654(1)(d) of the Municipal Government Act, all outstanding property taxes shall be paid to the M.D. of Willow Creek No. 26 & Vulcan County. 2. That, pursuant to Section 655(1)(b) of the Municipal Government Act, the applicant or owner or both enter into a Development Agreement with the M.D. of Willow Creek No. 26 which shall be registered concurrently with the final plan against the title(s) being created. CARRIED UNANIMOUSLY.

Development Permits (cont.) Development Permit 59-2020 (Continued)

Concerns brought forward as follows:  Why are setbacks not being met  Was there any conversation regarding future plans  What are they doing for sewage disposal Administration stated that the development would have to be moved 40 feet to the east to meet the setbacks. In the future there will be a larger restroom facility. The intent for sewage disposal is a pump out tank.

MPC 2020-11-18-08 MOVED BY MEMBER FLEETWOOD that the Municipal Planning Commission approve Development Permit 59-2020 for a Bed and Breakfast with Setback Waiver with the following conditions:

FOR: AGAINST: Chair Cockwill Member Schneider Member Donovan Member Fleetwood Vice Chair Logan Member Lyckman CARRIED.

Adjournment Chair Cockwill adjourned the meeting at 9:50 a.m.

Shane Cockwill, Chair Anne Erickson, Manager of Development Services

J8 RESIDENTIAL USE IN CONJUNCTION WITH AN APPROVED COMMERCIAL USE means a residential unit that is associated with a commercial building so that the dwelling unit is a supplementary use to that principal use.

RESIDENTIAL USE IN CONJUNCTION WITH AN APPROVED INDUSTRIAL USE means a residential unit that is associated with an industrial use so that the dwelling unit is a supplementary use to that principal use.

RESOURCE EXTRACTION AND ASSOCIATED WORKS means those uses of land or buildings which are governed by the location of a natural resource and which involve the extraction or on‐ site processing and/or storage of a natural resource, except those industries which are deemed to be “Hazardous Uses” and “Noxious Industry.” “Resource extraction and associated works” include the following: (a) cement and concrete batching plants; (b) sand and gravel operations; (c) logging and forestry operations, including sawmills; and (d) such other uses as established by Council or the Municipal Planning Commission to be similar to any one or all of the above uses.

RESTAURANT means development where food and beverages are prepared and served and includes supplementary alcoholic beverage service and supplementary on‐ or off‐premises catering services. This term includes restaurants, cafes, lunch and tea rooms, ice cream parlours, banquet facilities, take‐out restaurants and such other uses as the Municipal Planning Commission considers similar in character and nature to any one of these uses.

RETAIL means premises or building components where goods, merchandise, substances, articles, and other materials, are offered for sale at retail to the general public and includes limited on‐site storage or limited seasonal outdoor sales to support that store’s operations. Typical uses include but are not limited to grocery, bakery, hardware, pharmaceutical, appliance, clothing, and sporting goods stores. These uses exclude warehouse sales and the sale of gasoline, heavy agricultural and industrial equipment, alcoholic beverages, or retail stores requiring outdoor storage. Minor government services, such as postal services, are permitted within general retail stores.

RETAIL STORE means a building where goods, wares, merchandise, substances, articles or things are stored, offered or kept for sale at retail, and includes storage on or about the store premises of limited quantities of such goods, wares, merchandise, substances, articles or things sufficient only to service such a store.

RIDING STABLE / ARENA, COMMERCIAL means a compound or facility designed with stalls for the housing, bedding and/or confinement of animals (any animal) used for riding purposes which, for the purpose of this bylaw are deemed to be for financial gain or non‐agricultural purpose. The facility may also include outdoor features such as corrals, riding areas, training areas, associated storage structures and parking areas for users.

RODEO GROUNDS means an agricultural‐recreation oriented facility where exhibiting horses and cattle and giving exhibitions of the speed, breeding and management of livestock and

Vulcan County Land Use Bylaw No. 2010‐010 Page 17 K1 RURAL GENERAL – RG

PURPOSE: To protect the agricultural land base of the municipality while allowing non‐ agricultural developments which complement the area's economy.

1. PERMITTED USES DISCRETIONARY USES Accessory buildings, structures and uses Accessory building (prior to the construction of to an approved use principal building) Additions to existing buildings Agricultural processing industry Dwelling unit, Combined Agricultural service and repair shops Extensive agriculture Alternative/Renewable Energy, Home occupation 1 and 2 Commercial/Industrial Manufactured homes 1 Alternative/Renewable Energy, Individual Modular homes Animal care service, small Ready‐to‐move homes Animal care service, large Shipping container Bed and breakfast establishments Single detached dwellings Boarding or lodging house Breeding kennels Breeding kennels (existing) Child care services Clubs or fraternal organizations Duplexes Garage suite Intensive horticultural operations Licensed or unlicensed airstrips Manufactured homes 2 Moved‐in buildings Moved‐in dwellings Multi‐unit dwellings Multi‐unit Wind Energy Conversion System (WECS) / Wind Farm Mushroom farm Public and institutional uses PROHIBITED USES Public and private utilities Waste management sites Recycling facility Noxious industry Resource extraction and associated works Riding stable/arena, Commercial Rowhouse dwellings Second single detached dwellings Secondary suites Semi‐detached dwellings Shooting ranges Signs Single wind energy conversion system Solar collector farm, commercial Stripping and sale of topsoil Waste management transfer stations

Vulcan County Land Use Bylaw No. 2010‐010 Page 43 K2 DISCRETIONARY USES (continued) Any other uses determined by the Municipal Planning Commission to be similar in nature t any permitted or discretionary use

2. PARCEL AND LOT SIZE A minimum lot size of 0.4 ha (1 acre) is recommended for any permitted or discretionary use. This may be varied by the Municipal Planning Commission to reasonably accommodate the proposed use.

Parcel and lot sizes for all the permitted and discretionary uses above are:

(a) Extensive Agriculture (i) existing parcels; (ii) 64.8 ha (160 acres) or an unsubdivided quarter section.

(b) Farmsteads (i) existing parcels; (ii) minimum of 0.4 ha (1 acre); (iii) flexible maximum based on farmstead definition; (iv) at the discretion of the Municipal Planning Commission for cut‐off parcels.

(c) Confined Feeding Operations The parcel size shall remain the same size for which the development approval was originally issued.

(d) Vacant Country Residential (i) existing parcels; (ii) minimum of 0.4 ha (1 acre); (iii) maximum of 1.2 ha (3 acres).

(e) All Other Uses Parcel and lot sizes for all other land uses shall be determined by the Municipal Planning Commission after consideration of comments from relevant agencies and in accordance with, but not limited to, the Municipal Government Act, a regional plan, the Subdivision and Development Regulation, this Land Use Bylaw, the Municipal Development Plan and any other applicable legislation or regulations.

3. MINIMUM SETBACK FROM PROPERTY LINES All structures and buildings shall be setback 7.6 m (25 ft.) from all property lines not fronting on or adjacent to a municipal roadway.

Page 44 Vulcan County Land Use Bylaw No. 2010‐010 K3 4. MINIMUM SETBACKS FROM ROADS (a) No part of a building or structure or trees shall be located within 38.1 m (125 ft.) of the centre line of any public roadway which is not designated as a provincial highway under the Highway Development and Protection Regulation. (b) Any road designated as a provincial highway under the Highway Development and Protection Regulation is subject to setbacks as required by Alberta Transportation and any applications for development adjacent to a highway should be referred to Alberta Transportation for a roadside development permit. (c) No part of any dugout, regardless of size, shall be located within 76.2 m (250 ft.) of the centre line of a highway or public road. (d) Dugouts may be allowed closer to the centre line of a highway or public road if a barricade is installed along 100 percent of the length of that part of the dugout fronting the highway or public road and 25 percent of the length of the sides of the dugout.

5. MINIMUM DISTANCE SEPARATION The siting of any development with a residential component will be required to meet a minimum distance separation calculation as determined by the Natural Resources Conservation Board (NRCB) from any existing or approved confined feeding operation.

6. ACCESS To ensure proper emergency access, all developments shall have direct legal and developed physical access to a public roadway to the satisfaction of the Municipal Planning Commission in accordance with municipal road standard policy. If the development is within 304.8 m (1,000 ft.) of a provincial highway, direct legal and physical access to a public roadway shall be to the satisfaction of Alberta Transportation.

7. ACCESSORY BUILDINGS The following regulations are applicable to accessory buildings: (a) An accessory building shall not be used as a dwelling. (b) An accessory building shall only be constructed after the principal building has been constructed or the principal use established except where the accessory building is used for agricultural purposes as outlined in Schedule 3. (c) Notwithstanding 7(b) above, one (1) accessory building may be permitted to be constructed prior to the construction of the principal building if the Development Authority is satisfied that the construction of an accessory building will be followed by the commencement of construction of the principal building, or conversion of the accessory building to a principal building, within two (2) years, and completion within (3) years, from the date of approval of the accessory building: (i) the Development Authority shall require security to ensure compliance with the same in the amount of $2500 which shall be forfeited to the municipality in the event of non‐compliance with the above;

Vulcan County Land Use Bylaw No. 2010‐010 Page 45 K4 (ii) an accessory building to be converted to a principal building shall require an application for a change of use development permit to be submitted to and approved by the Development Authority. (d) An accessory building shall be setback a minimum 3.0 m (10 ft.) from the principal dwelling and from all other structures on the same lot. (e) Where a structure is attached to the principal building on a site by a roof, an open or enclosed structure, a floor or foundation, it is to be considered a part of the principal building and is not an accessory building.

8. SAND, CLAY AND GRAVEL PITS OR STONE QUARRIES The site of a sand, clay and gravel pit or a stone quarry may be approved for development expansion or recommended for approval as a separate parcel provided that: (a) before a development permit is issued for such use, the Municipal Planning Commission shall solicit and consider the comments of Alberta Environment; (b) topsoil is to be stripped and stockpiled for use in reclaiming the worked‐out site; (c) there is no sale of topsoil removed as part of the applied for operation; and (d) all stripping of land and reclamation shall comply with Alberta Environment regulations and the recommendations of its Land Reclamation division.

9. DEVELOPMENT ADJACENT TO CANALS When a development application is received for a use adjacent to a canal, comments should be solicited from the Bow River Irrigation District.

10. USES INVOLVING KEEPING OF ANIMALS No kennel shall be established less than 304.8 m (1,000 ft.) from a residential building. See Schedule 4 for more standards.

11. SERVICING REQUIREMENTS (a) The Municipal Planning Commission may refuse a development if the parcel on which it is proposed is not large enough to support any required on‐site water supply and sewage disposal systems to the standard required by the regional health authority or the appropriate provincial agency. (b) Every development shall be required to install a sewage disposal system which has been approved by the authority having jurisdiction.

12. EASEMENTS In no case shall a building be located less than 3.0 m (10 ft.) from a registered easement, or such greater distance as may be required by the Municipal Planning Commission.

Page 46 Vulcan County Land Use Bylaw No. 2010‐010 K5 13. SUBDIVISION

Agricultural Uses (a) The Municipal Planning Commission may only approve one (1) subdivision on an unsubdivided quarter section within the Rural General – RG district. The Municipal Planning Commission may consider a quarter section to be unsubdivided if previous subdivisions were for the purpose of public or quasi‐public use. (b) A subdivision for an intensive horticultural use may be treated as an agricultural use and may be permitted as one of the allowable subdivisions from a quarter section. (c) The Municipal Planning Commission shall not approve an application for subdivision for an existing or proposed confined feeding operation (CFO). (d) The creation of large agricultural parcels (i.e. two 80 acre parcels) is prohibited.

Existing Agricultural Parcels (e) The enlargement, reduction or realignment of an existing separate parcel may be approved provided that: (i) the additional lands required are to accommodate existing or related improvements; (ii) the proposal is to rectify or rationalize existing habitation, occupancy, cultivation or settlement patterns; (iii) no additional parcels are created over and above those presently in existence; (iv) the proposed new lot and the proposed residual lot will continue to have direct legal and physical access to a public roadway, adequate development setbacks, and a suitable building site; (v) the size, location and configuration of the proposed lot will not significantly affect any irrigation or transportation system in the area nor the urban expansion strategies of neighbouring municipalities.

Cut‐Off or Fragmented Agricultural Parcel (f) Subdivision of an undeveloped or developed cut‐off parcel may be approved if: (i) the proposed lot is separated from the residual by: (1) a registered exception from the title, (2) a feature that creates a significant physical barrier to use of both sides as a unit; (ii) the proposed lot has legal access; (iii) the results of a minimum distance separation calculation shall be considered; (iv) neither the proposed lot or the residual parcel are occupied by a Confined Feeding Operation. (g) A quarter section which has been subdivided pursuant to the provisions of the above policy or previous provincial policies may be eligible for the subdivision of:

Vulcan County Land Use Bylaw No. 2010‐010 Page 47 K5 (i) an existing farmstead or vacant parcel provided that the proposal is consistent with the requirements established for single lot country residential parcels; and (ii) the residual of the fragmented parcel must be at least 1.2 ha (3 acres) in size.

Subdivision of Existing Small Titles (h) An existing title of land that is 16.2 ha (40 acres) or less but greater than 2.4 ha (6 acres) may be divided into two parcels if: (i) the results of a minimum distance separation are considered, (ii) both parcels can accommodate joint access to a public road, and (iii) the subdivision does not propose to create more than three (3) titles per quarter.

Single Lot Developed Country Residential (i) A subdivision that proposes to create a single lot country residential parcel containing a developed residence or farmstead may be approved provided that: (i) the proposed parcel is to be subdivided from a previously unsubdivided quarter section compliant with the farmstead definition with a flexible maximum parcel size based on the improvements; and (ii) Farmstead means a part of a parcel that: (1) is presently or was formerly used as a single detached dwelling; (2) is further developed with agricultural buildings such as quonsets and grain bins, accessory buildings, structures such as corrals, storage compounds and/or storage or areas used for farm machinery, produce and fertilizer, dugout and/or water well and septic system; (3) is of a compact size and physically defined by topography, shelterbelts or other physical characteristics; (4) does not include any cultivated farmland, pasture land used for grazing of animals or lands suitable for agricultural production unless included within a shelter belt and/or physically defined area. Fencing alone shall not constitute a physically defined area if it encompasses agricultural land or hazard lands that are not necessary for the habitation of the proposed subdivision and that may be left with the larger agricultural parcel unless impractical to do so; and (iii) the proposed lot on which the dwelling is located and the proposed residual parcel have direct legal and/or physical access to a public roadway; and (iv) the access is satisfactory to Alberta Transportation where the access is onto or in close proximity to a primary highway; and (v) the size and location of the proposed lot will not significantly affect any irrigation system in the area; and (vi) the dwelling unit located on the proposed country residential parcel can meet or exceed the minimum distance separation (MDS) requirements from an existing confined feeding operation, as established in the Agricultural Operation Practices Act Standards and Administration Regulation; and (vii) the residual parcel size after subdivision is to be flexible based on the proposal for subdivision.

Page 48 Vulcan County Land Use Bylaw No. 2010‐010 K6 (j) If a proposed subdivision is larger than what is allowed within the farmstead definition, but no greater than 4.0 ha (10 acres), a land use bylaw amendment to change the zoning to the Small Holdings land use district is necessary to allow the proposal to be approved.

Single Lot Vacant Country Residential (k) A subdivision which proposes to create a single, vacant country residential lot may be approved provided that: (i) the proposed parcel to be created is a maximum of 1.2 ha (3 acres) in size; and (ii) the proposed single residential lot contains, in the opinion of the Municipal Planning Commission, a buildable site; and (iii) the proposed single residential lot can be serviced to the satisfaction of the Municipal Planning Commission; and (iv) the development on the proposed single residential lot will not, in the opinion of the Municipal Planning Commission, inhibit public access to or otherwise have a detrimental effect on agriculture or the recreational use of a river valley, water body, environmentally sensitive area or special scenic location; and (v) the proposed lot and the residual parcel both have direct legal and physical access to a public roadway to the satisfaction of the Subdivision Authority; and (vi) the access is satisfactory to Alberta Transportation where the access is onto or in close proximity to a primary highway; and (vii) the size and location of the proposed lot will not significantly affect any irrigation system in the area. (l) If a proposed subdivision for a vacant single residential parcel is larger than 1.2 ha (3 acres) but no greater than 4.0 ha (10 acres), a land use bylaw amendment to change the zoning to the Small Holdings land use district is necessary to allow the proposal to be approved.

Public and Institutional Uses (m) A subdivision application for public and institutional uses may be recommended for approval if: (i) the Municipal Planning Commission is satisfied that suitable, existing alternative parcels are not reasonably available in another land use district; (ii) the use was functioning, the application should encompass the developed site only; (iii) the legal and physical access, including access to the residual agricultural lot, satisfies Alberta Transportation, in the case of a provincial highway or Vulcan County in the case of municipal roads; and (iv) the Municipal Planning Commission is satisfied that the use is primary, suitable, serviceable and will be developed as proposed. (n) The conversion of small parcels established for public and institutional purposes to other uses should be limited to those developments which, in the opinion of the Municipal Planning Commission, are considered appropriate and compatible with surrounding uses.

Vulcan County Land Use Bylaw No. 2010‐010 Page 49 K7 14. RIVER VALLEYS AND SHORELANDS (a) Before approving any application to locate or expand a land use in or adjacent to a river valley or shoreland area, the Development Officer or Municipal Planning Commission shall refer such an application to any local, regional, or federal government agency that, in its opinion, has an interest in land use management. (b) No application to locate or expand a land use in or adjacent to a river valley or shoreland area shall be approved unless, in the opinion of the Municipal Planning Commission, the proposal will not: (i) be located in a flood prone area; (ii) cause soil erosion or damage to a river bank; (iii) cause deterioration of water quality; (iv) hinder the flow of water to the river; (v) compromise aesthetic quality or natural amenities; (vi) be detrimental to an area of ecologically sensitive habitat or of historic or scenic importance; (vii) have a detrimental effect on adjoining or nearby agricultural operations if the proposed development is of a non‐agricultural use; (viii) have a detrimental effect on existing or proposed recreation areas; (ix) have a detrimental effect on existing or proposed irrigation canals or water diversion structures. (c) Where a proposed development is granted permission to locate within the one in one hundred year floodplain of any watercourse, the Municipal Planning Commission may request the developer to provide any of the following requirements prior to the issuance of a development permit: (i) the registration of a Save Harmless Agreement against the title indemnifying the municipality in case of a subsequent flood causing damage to the development; (ii) the provision of an appropriate private sewage disposal system to the satisfaction of the appropriate health authority; (iii) a certificate from a qualified Alberta Land Surveyor stating the top of the footings of any proposed development will be at or above the one in one hundred floodplain level; (iv) an assurance that any proposed setback requirements as established by a provincial government department are met or exceeded.

15. STANDARDS OF DEVELOPMENT – see Schedule 4

16. ALTERNATIVE/RENEWABLE ENERGY DEVELOPMENTS – see Schedule 5

Page 50 Vulcan County Land Use Bylaw No. 2010‐010 K8 It is important that the types of industry and commercial development that locate in the County are appropriate for rural areas. Industrial development in the County must be directed to locations which minimize environmental impacts and land use conflicts. In general, many commercial activities can co-exist with industry in designated districts. Because existing industrial and Economy commercial activities in the County are fundamental to the regional economy, it is important that the long- term viability of these activities is protected from incompatible land uses. The majority of commercial/ industrial uses are located within the County’s hamlets and consist mainly of service-oriented businesses.

OBJECTIVES: • To expand and diversify the local economy. • To create a positive municipal environment that encourages and supports business.

Page | 16 Vulcan County Municipal Development Plan Bylaw No. 2012-003 L1 POLICIES: 5.1 Land use decisions shall reduce the negative impact of commercial and industrial development on existing land uses.

5.2 The municipality should support positive opportunities to diversify the local economy.

5.3 The approval of any industrial or commercial development may require that the developer enter into an agreement with the County regarding the construction of roads, servicing, and any other matter which Council may require to be addressed.

5.4 The municipality’s economic development strategies shall focus on: (a) enhancing and developing the strengths of the community; and (b) maintaining, enhancing and marketing local amenities to diversify economic opportunities.

5.5 The storage and handling of hazardous goods or wastes associated with industrial activities in the County shall comply with established Provincial regulations and standards.

5.6 The following factors shall be considered when locating industrial and commercial development in the County: (a) the compatibility of the proposed development with existing uses in the surrounding area; (b) the presence of natural landscape features that may impact or be affected by the proposed development; (c) the impact on agricultural operations in the area; and (d) the impact on local roads and the provincial highway network.

Vulcan County Municipal Development Plan Bylaw No. 2012-003 Page | 17 L2