Conservation group's attempt to stop Alberta gravel pit mine denied by board

A gravel mine, just 800 metres from Big Hill Springs Provincial Park, could seriously impact groundwater in the conservation area, the Alberta Wilderness Association says. (Supplied/AWA/N. Pink)

An attempt by a conservation group to stop a proposed gravel pit north of Calgary has failed.

In a decision dated March 6, the Alberta Environment Appeals Board (AEAB) said while the Bighill Creek Preservation Society (BCPS) raised some important points, a stay of proceedings would be "unlikely to achieve" its goal of stopping the mine.

Last August, the BCPS raised environmental concerns over the approval of proposed gravel mine, which would see Mountain Ash Ltd. open a 130-hectare open-pit operation northeast of Cochrane at the corner of Highway 567 and Range Road 40.

The BCPS said it could negatively impact groundwater, which could harm a natural spring, Big Hill Provincial Park, wetlands and riparian habitats.

The AEAB confirmed that the company's pit site is located on the aquifer, located about 800 metres from the park and its springs, but concluded the province's approval didn't have anything to do with the project's activities.

"The approval addresses how the project can interact with the wetlands on the site, and provides permission for certain activities to commence, continue, or discontinue in relation to the wetlands within the project area, as defined in the approval as 'the activity,'" the AEAB said in its decision.

"The approval does not address any aspects of the registration, or proposed activities under the registration, because there is no need: the project is a dry pit and involves no excavation below or at the groundwater table."

Mountain Ash, which also participated in the hearing, also said the BCPS' concerns "are not reasonable."

"The approval holder stated that the (consultation) report, prepared in response to the appellant's statements of concern, found no measurable effects on hydrogeology at Big Hill Springs will occur, and therefore no irreparable harm to the appellant will occur," the decision read.

"Any harm alleged is too speculative and should be given little weight."

A dust storm from the nearby Hillstone mine illustrates one of the many concerns opponents have over a new gravel mine near Alberta's Big Springs Provincial Park. (Photo: Gerry Bietz)

Despite the Mountain Ash's belief that groundwater would not be harmed by the mine, the AEAB said the BCPS "raised a serious concern," but it's something that would need to be discussed further at a merits hearing.

The AEAB also said it was "persuaded" that the BCPS would suffer irreparable harm if groundwater was contaminated by the mine, given that its mission is to maintain the ecological integrity of the area.

However, with those points in mind, the board said a stay of the provincial approval "is not the place to test the allegations of potential harm" nor is it in the public interest.

"A stay of the Water Act portion of the regulatory authorizations would not necessarily halt or limit development at the site," the board said.

"Moreover, as the approval holder has pointed out, the board notes that many of the concerns raised by the appellant in their submissions relate to the registration."

While the stay was denied, an appeal against the gravel mine is still ongoing.