RE: ERO Registyr Number 019…

RE: ERO Registyr Number 019-2326, Ministry Reference number 0543-BSVRT: Renewal, PTTW No 8467-A32L6G, C. H. Demill Holdings Inc. Long’s Quarry Con. 3 Lot 6 Tyendinaga Township.

Ground Hog Day!

In the link below, Dianne Saxe, former Environmental Commissioner for Ontario described the ERT hearing that lead to PTTW 8467-A32L6G . The proponent has now requested a 5 year renewal. Here we go again: low yeild aquifer, ongoing drought and a non compliant operator! In the 2015 PTTW (which flowed from the ERT), clear conditions were cited for drought. Of note, Quinte Conservation has declared 5/5 years drought 2016 extending to January 2017; 2018; 2019; 2020.

https://www.mondaq.com/canada/environmental-law/416796/citizens-have-so…

The Canadian Environmental Law Association, acting on behalf of Citizens Against Melrose Quarry requested an investigation in 2018 re the 2016 pumping during drought which breeched the PTTW. This request was verified by a hydrogeologist prior to submission, and was acknowledged as non compliance in the MECP letter dated August 3, 2018. (ERO file number 18EBR001.)

In December 2018 an inspection was done by the local Belleville MECP office and again noncompliance with pumping during drought (which breeched the PTTW) was identified. A referral was submitted to your Investigations Branch. I am aware of the impact of covid 19 on the process, none the less, we are now going on 2 years without an outcome to this inspection, although I have been made aware that charges are most likely pending.

In May 2020, CELA, again on behalf of CAMQ, submitted to the Belleville MECP office the request to investigate pumping during low water that occurred in 2019. Again, reviewed by a hydrogeologist prior to submission. MECP acknowledged this concern in a reply letter of June 2020.

Your ministry commissioned a report by BluMetric for Updating Ontario’s Water Quantity Management Framework (ERO 019 – 1340). This report addressed concerns about water quantity in the Quinte area, noting gaps in First Nations Territory (Mohawks of the Bay of Quinte - MBQ)reporting. As you are aware, Tyendinaga Township neighbours Tyendinaga Territory, and in fact there is a land claim being worked up by the MBQ regarding Surrender 24 where Long’s Quarry is situated. In my view, it is very important to ensure engagement by the MBQ in your decision making and to have in hand the necessary reports to complete BluMetric’s work for our area. I will add that the federal government, due to water concerns, recently installed at water treatment plant on the MBQ territory due to both water quantity and quality.

In the BluMetric report, specific reference is made to Tyendinaga Township’s dependence on groundwater as a sole source of drinking water. (This was addressed in the ERT hearing of 2015 as well). They report that surface and ground water will be “unsustainable in some parts of the …(Quinte Area) due to the lack of resilience to extreme drought.

To be clear, there is NO municipal water supply in Tyendinaga or a viable alternative to the sole, low yeild aquifer that I and my neighbours rely upon. The city of Belleville, ( municipal water supply), is 18 km away, and is a separate jurisdiction. Negative outcomes with blasting/pumping in risky areas are not new. A prime example is Westbrook near Kingston. We add to that concern, climate change and drought years and historic noncompliance.

It is clear that that despite whatever monitoring/compliance conditions are put into a PTTW, this operator will not comply and the MECP is unable to inspect/enforce conditions in a timely manner. Therefore, from my eyes, it renders conditions placed on the PTTW as nothing more than words. I believe C. H. Demill Holdings Inc. was given a chance to prove to the MECP that despite the risky conditions with pumping from a low yield aquifer during drought, that they would comply with with Low Water advisories. Clearly they did not take this seriously and repeatedly ignored the conditions. Why would MECP continue to entertain such an operator given that drought is predicted to worsen over the years?

To be clear C. H.Demill Holdings Inc. is requesting a PTTW RENEWAL for Long’s Quarry. As of November 2019, the land occupied by Long's Quarry and leased from Mr. Clayton Long is leased with Charles H. Demill Quarrying Inc. Correspondence to your ministry from the proponent’s hydrogeology is no longer to Charles Demill, but rather Mark Demill. Can a different operator/company renew an existing license?

In a nutshell: To one, low yeild vulnerable aquifer, add a 5 years of drought (with more predicted); mix in a noncompliant operator, and the inability by the MECP to do timely inspections and investigations . What we have is a high risk situation that does not follow the precautionary principle.

The MECP should deny this PTTW renewal and any extension to the length of the PTTW, until the current MECP investigation re 2018 pumping has been completed. Furthermore, given the results of the BluMetric Study, and the fact that Quinte Conservation is undertaking a regional Drought project, I question ANY Permits to Take Water in Tyendinaga Township, much less to a non compliant operator.

Thank you for providing the opportunity to comment. I have been following and dialoguing with your ministry about this situation for about 8 years now. It is time to stop! No amount of gravel is worth the risk to this community!