Mohawk protesters who have occupied a quarry near Deseronto for more than a year may want to check their own back yard in terms of lands being destroyed, says a resident here.
George Smart, a Bells Side Road resident, told The Intelligencer construction work taking place near his home is in direct contravention to his peoples' view of protecting the land. The construction, which involves the creation of a new quarry off of Clarence Road, has been sanctioned by the band council but is taking place without the blessing of the Mohawk community, Smart said.
Smart said Thomas Maracle, owner of Build All, has been working on the land since the fall of last year. He has taken a parcel of land which was once a natural grassland and turned it into a quarry which now houses a man-made pond, he said.
"Don't you think it's strange that we've got all the warriors over at the quarry on Deseronto Road saying not one more truck will leave that place but here we've got one of our own doing the same?" Smart asked.
The certificate of possession attached to the land in question belongs to Thomas Maracle, Smart said, but such a certificate does not provide the holder the right to use the lands in such a means.
Thomas Maracle admitted he is using the land as a quarry but argued he has done nothing wrong. In fact, he said, there is an existing quarry only 500 yards from the location he is operating and that quarry has been in existence for years.
"I've done the environmental assessment. I've had environmental screenings and all the appropriate agencies have been contacted," he said. "I've done nothing wrong. The Mohawks of the Bay of Quinte are aware of what I'm doing and every-thing's above board."
In fact, Thomas Maracle voluntarily conducted an environmental assessment on the property. Though such a procedure -- which is a process to predict the environmental effects of proposed initiatives before they are carried out -- is not mandatory on the reserve, he said he wanted it completed so everything would be "done in the proper fashion."
The Indian Act says the most common uses for land under the Certificate of Possession are residential (for the certificate holder or the holder's family) and light commercial including agriculture, according to Indian and Northern Affairs.
The land is also subject to any zoning by-laws enacted by the band to restrict use.
Thomas Maracle said he cannot understand why anyone would be concerned about his operation considering he's using the clay from the site for the betterment of the community. He said he's helped create soccer fields and the material from the new quarry is being used to cover the local landfill site which has been closed down.
Additionally, he said, if the community were to have these materials trucked in from outside the reserve, it would cost more money. All the materials are remaining on the reserve, nothing is being trucked off of the Tyendinaga Territory.
"Other than that, I don't know what to say. There's half a dozen pits and quarries on the reserve but I'm probably the only one who's done an environmental report," he said with a chuckle. "I'm not breaking the law. There is no illegal activity going on here."
Coun. Barry Brant agreed Thomas Maracle has done nothing wrong, adding the band council is aware of his operation. In fact, he said, the clay Thomas Maracle is removing from the site is being used for reserve purposes.
"Mr. Maracle is operating a quarry, yes, and what's coming out of that quarry is covering up our landfill," he said.
Brant said council has received some complaints from residents in the area and the band's technical staff are looking over documents submitted by Thomas Maracle. The quarry, he said, appears to meet all requirements and without bylaws restricting land use on the reserve, there are no obvious violations.
"He's done the preliminary environmental assessment and we are reviewing it," he added.
Regardless, Wayne Maracle, a member of the band council's environmental committee, said the land is being used without input from the community and council needs to hear from people.
"What's right is right and what's wrong is wrong. It's better to let them know how you feel about it rather than turn a blind eye," he said.
Wayne Maracle said the actions of Thomas Maracle are unacceptable.
"He can be the possession holder to use the land but not abuse the land," he said. "According to the environment committee, we can ask when we see there is abuse of the land."
Band council, he added, has been made aware of the issue but hide behind the fact there are no bylaws in place to deal with such matters. The land is supposed to be shared with the community, not used to help one particular business, but that is what is happening, he said.
"We've got a case of non-natives being stopped at the other quarry but, right in the midst of our own country, we're allowing one person to come in and do the exact same thing," Wayne Maracle said. "We're considered to be keepers of our land but this is happening with our own."