Some of the big worries Maple Ridge has about the Blue Mountain Quarry could be laid to rest after word that the district’s regulations and bylaws can be applied to the 79-hectare operation planned for the north end of 256th Street.
Maple Ridge can enforce its zoning bylaws, its stream protection rules, its bylaws that control erosion and sediment in streams, and require the applicant to do a traffic impact report, says the ministry of Forests, Lands and Natural Resource Operations.
Under the Land Act, “The applicant must meet the requirements established by local governments through their bylaws, and the province has no ability to override or provide an exemption to them.”
The proposed site lies within Maple Ridge’s boundaries, although it’s on Crown land.
Canadian Aggregates and Katzie First Nation have applied for a lease so they can build the gravel operation, which would last for more than a century, and produce 225,000 tonnes yearly, below the threshold required for an environmental impact assessment.
The ministry says that land act tenures require an applicant to, “observe, abide and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent governmental authority.”
Put it in writing, though, says the mayor and senior staff at district hall.
“That’s what we’re asking them to confirm,” said Frank Quinn, public works general manager.
“Part of our letter will be asking them to confirm that in writing.”
A staff report this week questions whether Maple Ridge could enforce any of the above regulations, let alone require changes to its official community plan and zoning bylaw. Maple Ridge’s long-term plan doesn’t identify the area for use as a gravel pit.
Quinn said that on previous developments that took place on Crown land within municipalities, provincial law overrode municipal law.
Maple Ridge’s lawyer has also given the same advice, which means the proposal could go forward with little input from the district.
On Tuesday, council approved sending a letter to the ministry, outlining its concerns, with copies to Katzie First Nation and MLA Marc Dalton (Maple Ridge-Mission).
The ministry also says the provincial government can collect gravel royalties and that the district “may have the ability” to collect levies.
“We’ve got our list of things. We’ve got to advocate for the community on what we want to see done,” said Mayor Ernie Daykin.
“If it’s going to have a negative impact on Maple Ridge, there’s a number of things that have to be taken care of.”
Daykin said he left a message with Katzie chief Jay Bailey, but hasn’t heard back.
Canadian Aggregates and Katzie First Nation have applied to the Integrated Land Management Bureau for a Crown lease on the property. They submitted a draft plan last May.
In one section, the plan says there are no fish-bearing streams on the site, but the district report challenges that.
The applicants have proposed building a road through the forest, connecting north 256th Street to Dewdney Trunk Road around 272nd Street, to spare gravel trucks running down 256th Street.
An open house is planned. No decision has been made on the application.