By Bill Jackson – The Regional
A Hagersville gravel pit that has been shut down and fined numerous times by
For more than five Gary Nichols says he's been the victim of illegal enforcement by MNR officers. However, Bill Monture, owner of the Ohsweken-based company Aboriginal Imports, asserted his people's sovereignty at a ribbon cutting to reopen the controversial limestone quarry for business.
He has gained the approval of the Haudenosaunee Development Institute, a native agency that has charged non-native developers illegal fees for building projects throughout the
He said the MNR can set up a meeting with him in the future if it has a problem, adding that it must prove to him why he shouldn't be there.
"Let them harass me," he said.
Nichols admits that his profits will be diminished. He will now be receiving royalties from Aboriginal Imports once material leaves his site, as opposed to making money by himself. But after more than 64 months of stagnation and court costs to fight the powers that be, he said the new arrangement will help pay the mortgage.
Many local farmers still oppose the quarry. They say that sufficient well monitoring and groundwater tests that were required under pre-operating conditions following an OMB hearing, were never undertaken by Nichols.
Several neighbouring property owners who formed a community coalition appeared at that hearing with counsel and voiced concerns regarding the quarry's effect on the water table and their water supply.
When notified of the new plans for the gravel pit last week, one local farmer said she simply can't afford to lose water used for her crops and livestock.
She said that if Nichols complied with the pre-operating conditions, she wouldn't have a problem with the gravel pit operating.
"All I want to do is protect what I have," she said.
"You have to bide by the law."
According to an OMB decision in 2001, farmers lost their water supply when the nearby Dufferin Quarry attempted to mine aggregate in 1971 and 1972.
"this resulted in a costly inconvenience, particularly to the diary farmers, who had to have water trucked in for their livestock," the decision reads.
Although the farmers were reimbursed for their costs and water returned to some wells after blasting ceased, many claim the water quality was never the same.
However blasting wasn't expected to go that deep again. It was blasting into the Bertie formation that caused the loss of water back in the 1970's , according to the OMB.
"the monitoring being done here is far more intense than was done for the Dufferin Quarry which should give some comfort to the neighbouring property owners."
Nichols was required to obtain a water taking permit from the Ministry of the Environment.
The Harrop municipal drain begins just north of the Nichols Gravel Pit where the Hagersville sewage plant discharges. Sump pumps were to be installed in the floor of the quarry "where excess water will be pumped to settling ponds on the surface that will eventually drain into the Harrop Drain," the OMB decision said. "It is intended to hold most of the water during heavy runoff periods and then allow the water to drain out during lower volume periods."
A local farmer said that Nichols is currently discharging water into the drain illegally.
But Monture said he has no environmental concerns with the operation, stating in a press release that "this license has been illegally suspended and revoked through the enforcement of pre-operational conditions no so identified anywhere in License 103717."
"Our position is that a permit or License is not required at this time from any level of Canadian government to operate this quarry until such time as all
Nichols' son Dwayne will remain as the "contracted" operations manager on site and said he will "do what he's contracted to do from now on."
An MNR spokesman said that any present activities are still "a matter under investigation and before the courts." However he did say there is an injunction in place against any operations taking place.
The MNR revoked Nichols license in 2004.
"(Six Nations) can't operate there either," a local homeowner said. "nobody can operate on that property because there's been no license and so you can't operate a quarry unless you have a license."
Nichols cites "harassment and malicious prosecution through negligent misrepresentation to abuse of process by the Ministry of Natural Resources and the manipulation of the Justice System and Rule of Law by the Ministry of the Attorney General Crown law office."
His company, a member of the Norfolk, Oxford and Elgin Landowners Association was represented at Queen's Park on December 6, 2007 in support of past Ontario Landowner's Association president and newly elected MPP Randy Hillier, who addressed the legislature on behalf of the landowners and described some of the problems experienced between landowners and government. Hillier mentioned the shut down by MNR of the Quarry business of Nichols Gravel.
On December 10, 2007 Nichols Gravel Limited provided two large dump trucks to the Tobacco Train protest from
The "illegal enforcement" at the quarry "Has produced 38 separate counts of charges to the company and its officers, shut down our business, frozen our assets and disemployed workmen at this quarry…" Nichols says.
The new lessee has also gained approval from the Haudenosaunee Development Institute that assures Monture in a letter that he has "all of the required licenses, permits and environmental reports with respect to
"We also acknowledge that as Haudenosaunee, you have asserted, through your lease agreement with Nichols Gravel, your Treaty rights further to the Nanfan Treaty of 1701 including the right to hunt and occupy the land in question. As such, and in consideration of your application, the
Monture said gravel extraction won't hurt anything because the environment can be revived later.
"Look at what they're doing in
He would like to restore fish to the area when he's finished at the quarry.
"We want to make it look nice, plant some trees," he said.