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 E1 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.