The approval of a wash plant at a controversial Burnco gravel pit is now in the hands of the Land and Property Rights Tribunal (LPRT).
Rocky View County residents brought their concerns to a LPRT hearing on Feb. 5th following the approval of both an asphalt plant and gravel washing plant at the Cochrane West site.
While standards surrounding the asphalt plant were deemed satisfactory, the panel agreed to hear the appellants case against the wash plant - prompting documents and presentations from both the appellants and Burnco to be submitted throughout the past month.
March 13th and 14th saw representatives from Burnco, Rocky View County (RVC), and multiple appellants present their case for final consideration.
The initial application in question was for Burnco's Cochrane West site, where it hoped to expand its operation by 305 acres. Reeve Crystal Kissel said she had more questions than answers following a public hearing in December that featured many of the same concerned residents, leading to a postponement by RVC council.
Burnco applicant Travis Coates maintained that the company has followed all necessary protocols and vowed to adhere to land reclamation promises, which would see previously mined and disturbed lands returned to a natural state.
Jacqueline Targett, representing RVC at the hearing, also noted that they have done their due diligence in granting appropriate permits.
However, many have since taken issue with the proposed 7.5 acre wash plant, which they argued did not get addressed by council when Burnco's development permit was renewed.
Several appellants spoke about potential contamination, including Jon Fennell, a hydro-geologist and geo-chemist, and proponent of responsible aggregate mining, Darryl Cornish.
"This will push the water aquifer below the gravel upstream," Fennell argued, presenting that it has the potential to carry carbon and metal contamination into the Bow River. "When I inquired about this, and I have the email conversation, Burnco was unaware."
Much of the conversation at the hearing also revolved around reclamation protocols, with clarity being called for between the amount of acres that can be allotted for extraction and processing. The appellants voiced concern that even though there's a limit of 40 acres, processing activity - including the use of the wash plant - did not have a potential cap.
The appellants noted they were not taking issue because they oppose Burnco's business, but that more research on potential environmental effects needed to done. They ultimately voiced support for reclamation being carried out and that both extraction and processing stay under a forty acre limit.
A 2019 Management of Sand and Gravel Pits Followup report by the Alberta Auditor General was also submitted, arguments 715 out of 2,700 gravel pits are not meeting reclamation requirements and that the Department of Environment and Parks (AEP) does not do enough to protect Albertans from the risks created by sand and gravel pits.
Appellant suggestions for improvement included random drone overflights for auditing, third part managed issue reporting, and detailed construction and monitoring plans for reclamation.
The LPRT will make their decision in the coming weeks based on the materials and arguments submitted, but no final date for a decision was announced during March 13 and 14th hearing.