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Provincial environmental commissioner levels significant criticism at the province’s land use planning system

Land Assemblers Admit They Want To Extract Aggregate In North Dufferin
by Glenn Powell, Ontario Farmer August 4, 2009
The Highland Companies have outlined their plan to mine aggregate from beneath some of the best potato land Ontario has to offer.
At an information „open house‟ held in the Hornings Mills Community Hall, July 24-25, the company laid out its long-range plan to develop a quarry to extract aggregate.
Since 2007 when the land assembly project in Melancthon Township (Dufferin County) began, rumours have been swirling that the Highland Companies were amassing land in the area to grow potatoes for a yet-to-be built processing plant in New York State. Total land purchased and optioned is now estimated to be more than 7,000 acres.
The aggregate license application is, according to company documents, for approximately 2400 acres with “only 300 acres active extraction at any given time,” and all land “returned to agricultural or other uses.”
On its website, the company describes itself as the largest grower, packer and distributor of potatoes in Ontario, investing “millions of dollars in equipment, storage and packing facilities.” It indicates that a group of private investors in Canada and the U.S., working though numbered companies, has a focus on a “diversified portfolio of sustainable businesses in and beyond Dufferin County‟s Melancthon Township, including farming, aggregates, rail, and wind energy.”
The quarry proposal has divided the community, according to Dale Rutledge, chair of the North Dufferin Agricultural and Community Task Force (NDACT). “There are neighbours who have been friends for years that are no longer talking to each other,” Rutledge says.
He describes two camps – those who support the plan as a generator of employment and economic activity for the area and those who fear the loss of some of Ontario‟s most productive farmland as well as the environmental impact likely to affect the recharge areas and tributaries of major river systems such as the Grand and the Nottawasaga.
In its presentation to those attending the community open house, Highland Companies affirmed “the bottom line is no adverse effects on water.”
However, the unqualified assurance from the company does not sit well with quarry opponents like Rutledge. “This quarry proposal has the potential to affect the water resources and the drinking water supply for several million Ontarians,” he says, adding, “Who knows what will happen to water tables and underground streams if they are allowed to cut into the rock?”
NDACT‟s engineering consultant, Gary Hunter, describes the Highland Companies plan as “very carefully orchestrated.” The company, he says, has done all the right things to build its credibility and acceptance in the community – providing scholarships, sponsoring local sports teams, supporting local events and at approximately $8000 per acre paying a little more than what had been the going rate for the potato farms it has purchased.
Hunter notes that the company‟s stated investment interest in short-line railways adds an interesting twist to the quarry proposal. “They want to negotiate access to the rail line between Mississauga and Orangeville, and have expressed interest in re-vitalizing the
abandoned rail corridor between Orangeville and Owen Sound,” Hunter says. He concludes the company is, in the long term. planning to sell aggregate to export markets via deep water ports.
Potato growers opposed to the quarry proposal, supported by a number of area residents, have requested the province designate the Honeywood Loam soils as a “specialty crop area” to give the potato land a margin of protection. The province, with its policies of generally favouring aggregate extraction over other land uses, has yet to respond.
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Jun 23, 2009 15:16 ET A Major Controversy Brews Over Competing Land Uses in North Dufferin County HONEYWOOD, ONTARIO--(Marketwire - June 23, 2009) - A major controversy is brewing between concerned residents of North Dufferin County and the owners of the largest land assembly in the region, one that will truly test the land use and environmental priorities of the Ontario Government. The McGuinty Government has generated considerable fanfare with its commitments to the protection of prime agricultural lands and ground water resources. A growing body of legislation and policies have been put into place, representing a welcome paradigm shift in how the Province's natural and non-renewable resources are to be protected. Despite these very positive reforms, they will mean very little in places like Dufferin County if the Government's long standing aggregate extraction policies, which favour the aggregate industry, are allowed to prevail over other, environmentally sensitive and sustainable priorities. Over 6,000 acres of prime agricultural land have been assembled over the past few years north of Shelburne in Melancthon and Mulmur Townships by The Highland Companies. The lands have been acquired through several numbered companies and the acquisitions have allegedly been financed by a Boston, Massachusetts based hedge fund. The Highland Companies have recently advised the Township of Melancthon that an application for a quarry licence is imminent. The Highland Companies' landholdings rival in land mass the world's largest limestone quarry located in Rogers City, Michigan. The area in question is well renowned for its specialty soils, known as Honeywood Loam, which have been farmed for over 150 years, supplying approximately 50% of all potato crops requirements for the nearby Toronto market, both for direct consumption and via the processing of potato based food products. In addition, the immediate area contains a system of underground streams and rivers, as well as fragile water recharge areas, which form the headwaters of the Nottawasaga and Grand River systems which in turn directly feed into the Great Lakes. The area is also home to large deposits of limestone and aggregate, which contribute to the drainage and quality of the local soils, and make them agriculturally unique. Since acquiring the land, the new owners have been conducting well and hydrological testing, archaeological studies, tree, fence and house removals, and other activities throughout their landholdings, which have led local residents to suspect that the limestone and aggregate deposits are the major target and end game behind the land assembly, and that plans for a massive quarry is in the works. Public meetings were held in January and June of this year and attended by hundreds of concerned citizens. The residents have formed a non-profit organization, The North Dufferin Agricultural and Community Taskforce, Inc. (or NDACT), to represent the community's interests. NDACT is concerned with the potential and permanent loss of this prime agricultural resource, and has made an application to Melancthon and Mulmur Townships and the Municipality of Grey Highlands to have this unique vegetable growing area protected and designated as Specialty Crop Lands, consistent with the Provincial Policy Statement and similar to the land use designations attached to the Holland Marsh, Thornbury Apple Orchards and Niagara Wine areas, which are similarly located within close proximity to the Toronto market. Most recently, The Ontario Federation of Agriculture unanimously passed a resolution supporting NDACT's proposed Specialty Crop Designation for this area. The owners of the land assembly have also been negotiating the acquisition of the rail line between Streetsville (Mississauga) and Orangeville, as well as the currently abandoned rail corridor between Orangeville and Owen Sound, giving rise to speculation that the area will be transformed from a rural, agricultural setting to a major industrial aggregate extraction operation that will be transporting mined materials to markets outside of Ontario through rail connections to the Great Lakes system. A large portion of the abandoned rail corridor is currently being used for hiking and snowmobiling trails and other recreational uses. NDACT is of the view that the potential loss of this prime agricultural land use, as well as the potential impact on the headwaters of these two major river systems, is not only a local issue, but rather, a matter of Provincial significance which should be of deep concern to all residents of Ontario. Agricultural land is a finite resource, and is disappearing rapidly through urban sprawl. Despite hundreds of millions of Ontario taxpayer dollars being directed toward developing and implementing the Greenbelt Act, Safe Drinking Water Act and the Clean Water Act, current Provincial policies appear to favour aggregate over food, farmland and water. Although aggregate resources are required to satisfy the Province's requirements to build new roads and infrastructure, there needs to be a balance between those requirements and the inherent right of the Province's citizens to have a reliable and permanent self-sustaining source of food and water resources. Of equal concern is the fragility of the ground water recharge system in this area, which acts as the headwaters for the Nottawasaga and Grand Rivers. This area has been determined by scientific study, through a document entitled The AEMOT Study, to be an extremely vulnerable water recharge system. The study was commissioned by Melancthon Township and 4 other municipalities in 2002, in the wake of the Walkerton tragedy. There are many other areas in the Province where limestone and aggregate can be mined and where these activities would not be in conflict with precious agricultural and water resources. The question which all citizens of Ontario should be asking of their elected representatives is whether the Province has the foresight to clarify its historical aggregate policies with a view to preserving and protecting these agricultural and water resources on behalf of its citizens before the damage becomes irreversible. In addition, residents (living both within and outside of the directly affected areas) and environmental and other organizations should voice their concerns by contacting their local and Provincial elected representatives.

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Highland Companies will file an aggregate application within 3-6 months

June 17, 2009 – For Immediate Release

The North Dufferin Agricultural and Community Task Force, Inc. (NDACT) has learned via a letter from the Melancthon planning consultant, G.W. Jordan, to Melancthon Council that The Highland Companies has advised they will file for an aggregate licence within the next 3-6 months, depending on the completion of technical studies. The application will be for a quarry with extraction below the water table.

The Highland Companies has amassed landholdings in Melancthon and Mulmur Townships, in the County of Dufferin of over 6,000 acres of prime agricultural land. Evidence of significant core sampling, well testing, tree cutting, archaeological and other studies that are being conducted on the lands have all been consistent with pre-testing for aggregate/limestone extraction.

“This is very disturbing,” said NDACT Chair Dale Rutledge. “This open pit mine will take some of the best agriculture land in Ontario out of production and is in a location that is recognized as one of the primary sources for water recharge feeding the Nottawasaga and Grand Rivers,” he added.

NDACT is a community-driven organization representing the hundreds of people who live in North Dufferin County including Melancthon and Mulmur Townships. The primary concerns of NDACT are loss of non-renewable prime agricultural land, deforestation, impact on water, environment, wildlife and wetlands.

NDACT is holding a public information meeting Saturday June 20, 2009 at the Honeywood Arena, 706114, County Road 21 from 10:00 a.m. to 11:30 a.m. Please attend this critical community meeting, learn the issues, ask questions and voice your opinions.

More Information:
Dale Rutledge, Chair
c/o info@ndact.com

or visit NDACT’s website, www.ndact.com

From the Free Press and Economist, Shelburne, Ontario, February 26, 2009

“Group of Eleven” form Community Task Group

By Marni Walsh

“The Group of Seven” artists were famous for painting the magnificent Canadian landscape with a sense of awe and wonder. Their paintings embodied an artistic movement that has, for many, come to represent the spirit of this land. It is that spirit that a” group of eleven”, the newly formed North Dufferin Agricultural and Community Taskforce (NDACT), are determined to protect.

The now fully incorporated taskforce is speedily striving to bring public awareness to citizens of Melancthon and Mulmur Townships on a number of issues that could impact the quality of life in North Dufferin County. NDACT’s mission statement is as follows:

“We live in The Hills of the Headwaters, in North Dufferin County, recognized as one of the primary sources for water recharge feeding the Nottawasaga, Credit, Humber and Grand Rivers. Our homes and farms are nestled in an area of magnificent beauty and serenity, amongst some of the best and most productive soils and farmland in Ontario.

The primary mission of the North Dufferin Agricultural and Community Taskforce is to preserve and protect these unique and non-renewable resources, including the agricultural lands, character and lifestyle that have played such an important and vibrant part of our community for more than 150 years.”

The taskforce evolved from a public meeting held at the Honeywood Arena on January 17th of this year. Hundreds of area residents gathered to discuss concerns and speculation over recent and vast land purchases (6000 acres) in the region by the Highland Companies Inc. headed by John Lowndes.

In a letter to both Melancthon and Mulmur Councils, the taskforce noted that “during the course of discussion” at the Honeywood meeting “it became abundantly clear that most people in the room were anxious for more information and wanted to ensure that they have a voice in future discussions that seem to be the inevitable result of massive land purchases.” The committee of 11 North Dufferin county residents was nominated to act on the community’s behalf. They will “gather information; liaise with The Highland Companies and elected representatives, and otherwise promote the interests of residents.”

Vice Chair of NDACT Norman Wolfson said “the touchstone issues for us are the preservation of an irreplaceable agricultural resource, protection of our water resources, and the preservation of the character of our community.” More specifically, “the Honeywood silt loam potato growing soils, just 100 kms from the GTA, are unique in Southern Ontario; the area in question is the primary source for water recharge, feeding the Nottawasaga, Credit, Humber and Grand Rivers; agriculture has been the cornerstone of Melancthon and Mulmur Townships since they were established in the mid-19th century, and it is critical to the heritage and fabric of our community, today and for future generations, that these agricultural lands be preserved and that the safety, beauty, serenity and tranquility of our community be maintained.”

Wolfson and his wife, who commute to Mulmur from Toronto every weekend, bought land in Mulmur in 2001. “We felt that we had found the most scenic and tranquil land in Ontario.” In 2004 they built a home there, with plans to retire amongst friends. “The land that has been acquired by the company comes to our fence line…we are shaken to the core.” Highland representative Michael Daniher was quoted as saying “Nothing in Mulmur Township is contemplated beyond our current farming operation.”

In a recent letter to The Free Press, Mr. Lowndes declared that “Like others in the community have done, we are actively exploring the potential of the natural resources on which the economy of Melancthon Township is based. Others have studied wind power and the bedrock resource that is well known to exist in the Township and this is already home to a local industry. We are simply doing the same.” He also stated that “Whatever that course may be, it will be subject to a thorough application, review and public consultation process.”

As of February 19th, an invitation was sent to Mr. Lowndes by NDACT to join the community in another Town Hall Meeting to respond to public concerns in person. Mr. Lowndes stated his displeasure with what he refers to as “myths” about Highland Companies intentions in this newspaper: “We have said publicly and for many months that we would explore additional uses of our property alongside agriculture.” NDACT suggests that a public appearance by Mr. Lowndes would allow interested community members to receive “the information right from the source and definitely demonstrate a movement towards building trust and transparency.”

NDACT is hopeful that such a meeting will come to fruition on a Saturday before the end of March. Currently, the taskforce is drafting a petition that will be presented to the Mayors and Councils of Melancthon and Mulmur “opposing any change in land use that would permit a limestone quarry or other aggregate extraction industrial uses to occur within the agricultural resource area in question”. The petition will also urge Councils to take the necessary steps to “officially designate and preserve the lands for agricultural usage”.

Also, in response to a letter, from NDACT supporter Karren Wallace, regarding the proposed sale of the County owned rail line, Melancthon Council passed a resolution to support that “Public Meetings be held in various locations throughout the county to engage the residents of Dufferin County as to their views on this issue”. The resolution was sent to the County. NDACT has “started its work”.

In difficult financial periods, the questions surrounding issues, such as NDACT is confronting, become even more challenging; pros and cons get muddied by economic demands, and necessity can be confused with luxury. This group of eleven will be called upon to look beyond the moment, provoking, like the famed “Group of Seven”, great debate and discussion about landscape.

Committee members of NDACT include: Dale Rutledge (Chair), Norm Wolfson (Vice Chair), Rob Green, David VanderZaag, Jim Black, John Lever, Ralph Armstrong, Rick Wallace, Carl Cosack, Ginny MacEacherin, and Kathy Kamstra.

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Press Release
March 10, 2009

Lowndes refuses to attend Community meeting to answer questions from concerned citizens re: massive land assembly in Melancthon and Mulmur Townships

The citizens of Melancthon and Mulmur Townships are dealing with an unprecedented land assembly (over 6000 acres purchased) by the Highland Companies, represented by Mr. John Lowndes.

While the Highland Companies have stated that their interest is in potatoes, there is significant concern in both townships that their principal focus is on the significant limestone deposit that sits under this land.

NDACT was formed as a result of a Community Meeting (hundreds of concerned residents of Melancthon and Mulmur were in attendance) held on January 17, 2009 at the Honeywood Arena.

On February 19, 2009, NDACT invited Mr. Lowndes to attend personally at a follow-up Community Meeting, on a date of his choosing, to respond to questions from concerned citizens. Mr. Lowndes has now responded and has advised that he is declining the invitation.

Mr. Lowndes’ response

The Highland Companies c/o 477476 Third Line, R.R. #2, Shelburne, Ontario, L0N 1S6 March 2, 2009 North Dufferin Agricultural and Community Taskforce, Inc. c/o Norman Wolfson norman@lecourswolfson.com Dear Mr. Wolfson: Thank you for your letter of February 19, 2009. Per your suggestion to Michael Daniher in a subsequent conversation, I am responding by email and to this address. As you know, The Highland Companies was not requested in advance to make a presentation, provide information or answer questions at the Community Information Meeting (“the Meeting”) held on January 17th, 2009. Michael attended the event out of, as he stated at the time, our respect for the community. He proceeded to convey a good deal of information in the brief time that was provided to him and during the subsequent open discussion. It is simply untrue to state that Michael “actually claimed not to know [my] full intentions.” Michael stated in the Meeting, as we had communicated previously to the community, to Melancthon Township Council and to the media, that (a) we are committed to our farming operation, (b) we are examining land uses like wind power and aggregates in addition to – not in place of – farming, (c) the research process continues and (d) any course we pursue will be subject to applicable review and public consultation requirements. Nothing has changed since then. Indeed, the following quote from Michael appeared on the front pages of the January 22, 2009 editions of the Orangeville Citizen and The Free Press and Economist: “Nothing in Mulmur Township is contemplated beyond our current farming operation. We are looking to harness in a responsible way the natural resources on which Melancthon’s economy has long been based. Others have studied or undertaken farming, irrigation, wind power and aggregates in the Township. We are simply doing the same. Whatever additional activities we pursue will be approached in an environmentally, socially and economically responsible way.” In addition, please refer to my own letters to the editor that appeared in the February 19th and February 26th editions of those same newspapers, in which I addressed a number of the myths that have been circulated about our Company and its plans. Speculation at the Meeting also surrounded our vision of restoring the rail corridor that ran from Streetsville to Owen Sound. As we have conveyed to the community, to public officials and to the media, including in an article and my letter to the editor in the February 26th edition of the Orangeville Citizen and The Free Press and Economist, (a) there has been increased interest in rail transportation as it is less costly for shippers, reduces the volume of trucks on our roads, and produces fewer greenhouse gas emissions, (b) our goal is to increase the number of shippers in order to ensure the railway’s viability, (c) we are encouraged by the response shown by current shippers and by companies that would consider moving to the area if the goal is achieved and (d) we would explore the use of an extended railway in our own commercial activities. Michael’s notes from the Meeting indicate that he did not have specific information to address two questions he was asked; one dealing with tree removal practices and the other dealing with archeological studies. Allow me to provide you with the public information we have provided to area residents, public officials and media. Like our neighbours, we take steps to improve our farming operation. In the case of tree management, we have obtained permission to remove trees as required, have had the activity inspected and monitored by County personnel, and have planted approximately 400 new trees on our property. In the case of archeological studies, they are part of our ongoing research to provide baseline information about our property. We will continue to study our natural environment and cultural heritage as required when considering any additional land uses. As you know, if we – like any other property owner - elect to pursue land uses in addition to our current farming operation, a detailed application will be submitted and a public consultation process will be conducted. As you also know, we have not filed any application for an additional land use at this time. What we have done during the past three years is provide members of the community with information about our activities, a process we intend to continue. Thus, in light of the foregoing, and as the Community Information Meeting was held just 6 weeks ago, there seems little information that we could add at this time. As we have stated before, we will communicate with the community about our plans, and address any questions about those plans, as and when there is anything to communicate. In the meantime, do not hesitate to contact Michael if we can be of assistance. Sincerely, John Lowndes c.c. The Free Press and Economist Orangeville Citizen Creemore Echo
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North Dufferin Agricultural and Community Taskforce (NDACT)
Honeywood, Ontario

NEWS RELEASE

Highland Companies Contravenes County of Dufferin Tree Cutting Bylaw

NDACT invests time and money to prove violation

June 9, 2009 – For Immediate Release
The North Dufferin Agricultural and Community Task Force (NDACT) has found The Highland Companies in violation of the County of Dufferin’s tree cutting bylaw in eight specific instances.

The bylaw violations were proven following extensive investigation undertaken and funded solely by NDACT.

The Highland Companies has amassed landholdings in Melancthon and Mulmur Townships, in the County of Dufferin of over 6,000 acres of prime agricultural land. Evidence of significant core sampling, well testing, tree cutting, archaeological and other studies that are being conducted on the lands are consistent with pre-testing for aggregate/limestone extraction.

“NDACT hired a subject matter expert, took aerial photos, made a Freedom of Information Request to the County for permit information, prepared a briefing package of over 140 pages, and made two presentations to the County to prove this information,” said NDACT Chair, Dale Rutledge.

“We were quite certain by what our findings indicated and we are satisfied that at the June 4, 2009 meeting of the Dufferin County Museum Board, there was total consensus that Highlands had contravened the bylaw,” said Rutledge.

Penalties associated with a tree bylaw violation include a fine of not more than $10,000 or $1,000 per tree -- whichever is greater on a first offence -- and on any subsequent conviction to a fine of not more than $25,000 or $2,500.00 per tree, whichever is greater.

“NDACT exists to protect our farmland and water from destruction. We remain committed to ensuring that The Highland Companies are penalized for any and all current and future bylaw violations. We believe that a fine is necessary to deter Highlands and any other bylaw violator from undertaking such action again in future,” adds Rutledge.

NDACT is a community-driven organization representing the hundreds of people who live in North Dufferin County including Melancthon and Mulmur Townships. The primary concerns of NDACT are loss of non-renewable prime agricultural land, deforestation, impact on water, environment, wildlife and wetlands. Their motto is: Preserve our Farmland.

More Information:
Dale Rutledge, Chair info@ndact.com
Carl Cosack, NDACT Board Member, 519-925-6628