Delegation to Revelstoke Council

25th. August 2015

Ref: Development Permit Application / 274 & 322 Westside road File # 3060-20, DP 2015-09

Due to the short notice I was given to make this delegation, my presentation does not contain all the
information I would like to submit to council. I will be making further submissions to council for
consideration when the information becomes available to me, and I will also be addressing the
Management Plan submitted by Revelstoke Sand and Gravel Ltd. at a later date.
The proposed gravel pit by Revelstoke Sand and Gravel Ltd is adjacent to Interoutes Westside Road
gravel pit and is only separated by a few meters therefore I will be using Interoutes Westside Road
gravel pit as an example to show the implications of what another gravel pit will mean. Currently there
are 7 large active gravel pits upwind of the Columbia Park subdivision, one of which is owned and
operated by the proponent of this gravel pit. Another unregulated gravel pit with no dust controls from
the Ministry of Mines producing silica dust will be detrimental to public health.
There is 500 acres of sand and gravel reserves with a year round road starting 3 kilometers north of this
proposed site on the Westside road. This is a more socially responsible area for a gravel pit rather than
one that is 600 meters from the Columbia Park sub division, school and golf course. The proponent of
this gravel pit already has an active gravel pit just off the Westside road so a second one is not
necessary.
This application is for 20 acres, excavating to a depth of 45 feet this equates to 986,785 cubic meters, in
the management plan for the pit states that the production of sand and gravel from this pit will be
10,000 cubic meters per year. This means that the size of pit requested will be producing sand and
gravel for the next 98 years. !!!!!
Typically, applications for gravel pits are submitted to FLNR for a relative small size of crown land. (it is
rare that a gravel pit is located on flat private land as the destruction of the land renders it to hold no
future value - why destroy your own land when you can destroy crown land) This makes the process of
obtaining a Crown Land lease and a Mine permit easy. In many instances FLNR do not even bother to
visit the site especially if it has already received approval from a City. In almost every case within a short
time frame of obtaining approval for a small gravel pit, the pit manager has a relatively simple task to
obtain additional crown land to increase the size of the gravel pit. This was the case for Interoutes
Westside Road gravel pit in 2010, when it went from 5 acres to 45 acres. So sure were they that they
would get approval for the pit expansion they bulldozed the trees and stripped the top soil for the pit
expansion 7 months prior to obtaining a Mine permit. I have no doubt that if this proposed gravel pit
gets approved it will be increased in size. In all likelihood it will be joined up and taken over by Interoute
making it one large gravel pit 85 + acres in size.

Crystalline Silica Dust is a Class 1 carcinogen

Please watch the video from WCB

Source: WorkSafeBC
Silica Exposure (video)
This video shows how breathing in silica dust can cause permanent damage
to the lungs.

Crystalline silica dust is a Class 1 carcinogen and is a major health concern. When Silica rock is crushed it
releases crystalline silica. The microscopic particles of crystalline silica which are the most damaging to
health are not visible to the human eye and can drift many miles in a slight breeze. It has been linked to
many illnesses once in the body, this includes ailments such as Asthma, Breast Cancer, Alzheimer's
disease, Rheumatoid Arthritis and Silicosis. Silicosis is a chronic lung disease caused by breathing in of
tiny particles of silica dust. This silica dust can cause fluid buildup and scar tissue in the lungs that cuts
down your ability to breathe. The harmful effects of long term low level exposure to crystalline silica
dust are well documented. This gravel pit contains 78% silica. The silica dust blows of gravel pits 24/7
during the warm windy days - not just the 10 hours a day when they are working and crushing in the
gravel pit. Silica dust from gravel pits is a Fugitive dust, not to be confused with Nuisance dust.

In letter sent to me from Menn Biagtan, MD, MPH Program Manager BC Lung Association
Dear Mr. Stuart:
Sorry for the delay in my response to your e-mail. I was hoping I could speak to Mr. Chris Marsh or
anybody from Ministry of Environment to get more information regarding the gravel pit but
unfortunately, Mr. Marsh is out of the office. I do agree with you that dust coming from the gravel pit
could pose a risk to nearby residential area and also agree that there is potential for exposure to high

levels of crystalline silica dust during the crushing. I am just hoping that there is an appropriate
engineering control and air monitoring in place.

Canadian Environmental Protection Act, 1999

Definition of the precautionary principle is currently enshrined in the 1999 Canadian Environmental
Protection Act (CEPA 1999):
The precautionary principle or precautionary approach to risk management states that if an action or
policy has a suspected risk of causing harm to the public or to the environment, in the absence of
scientific consensus that the action or policy is not harmful, the burden of proof that it is not harmful
falls on those taking an action.
The principle is used by policy makers to justify discretionary decisions in situations where there is the
possibility of harm from making a certain decision (e.g. taking a particular course of action) when
extensive scientific knowledge on the matter is lacking. The principle implies that there is a social
responsibility to protect the public from exposure to harm, when scientific investigation has found a
plausible risk. These protections can be relaxed only if further scientific findings emerge that provide
sound evidence that no harm will result.

The Union of British Columbia Municipalities has written:-

WHEREAS the British Columbia Mines Act does not provide the capability to adequately address impacts
from mining activities, including gravel operations, on community health, ground and surface water,
road safety, agriculture, properties and property rights, wildlife habitat, and the well-being of our
communities overall; AND WHEREAS the Mines Act is critically outdated, does not support sustainability
objectives, and overrides more current environmental standards in the Water Act, local bylaws, and
other Acts and laws: THEREFORE BE IT RESOLVED that the Government of British Columbia amend the
BC Mines Act with input from members of the public and First Nations similar to methods used to
amend BCs Water Act and to update it to be compatible with sustainable protective environmental law
and other acts.
The Mines act is over 150 years old.

The City has the power under both the Public Health Act and the Community Charter to act when
something threatens human health: Therefore the City has the duty and responsibility to protect the
citizens of Revelstokes health and have the power to deny this application. Something that the
Revelstoke Council and city staff in 2010 failed to do
Public Health Act. Role of local government Ref. the Public Health Act Division 6
83 (1) A local government must do all of the following:
(a) if the local government becomes aware of a health hazard or health impediment within its
jurisdiction, take an action required by a regulation made under section 120 (1) (a) [regulations
respecting local governments], or, if no regulation applies, either
(i) report the health hazard or health impediment to a health officer, or
(ii) take an action the local government has authority to take under this or another enactment to
respond to the health hazard or health impediment;

Community Charter [SBC 2003] Part 2 Municipal Purposes and Powers

Division 1 Purposes and Fundamental Powers
(3) A council may, by bylaw, regulate, prohibit and impose requirements in relation to the following:
(g) the health, safety or protection of persons or property in relation to matters referred to in section 63
[protection of persons and property];
(h) the protection and enhancement of the well-being of its community in relation to the matters
referred to in section 64
(i) public health;
(j) protection of the natural environment;
(m) the removal of soil and the deposit of soil or other material.
64 The authority of a council under section 8 (3) (h) [spheres of authority nuisances disturbances and
other objectionable situations] may be exercised in relation to the following:
(a) nuisances;
(b) noise, vibration, odour, dust, illumination or any other matter that is liable to disturb the quiet,
peace, rest, enjoyment, comfort or convenience of individuals or the public;

(c) the emission of smoke, dust, gas, sparks, ash, soot, cinders, fumes or other effluvia that is liable to
foul or contaminate the atmosphere;
City Staff have stated that dust control is within the Provincial Permitting process and is monitored by
the Province. We were also told this by council in 2010. But, this is not the case and it became apparent
during the summer of 2010 when Interoute cleared the trees and removed the top soil for the
expansion of their gravel pit. I have sent over 200 emails in the past 5 years to various government
offices regarding the silica dust from Interoutes pit they all state it is up to the Ministry of Mines. The
Ministry of Mines says it is up to the Mine operator to be self-compliant to the permit conditions. The
response from city to my many complaints about the noise and silica dust was always. Industrial
operations are expected to generate noise and dust. This was the standard reply from John Guenther,
MCIP Director Planning if John Guenther knew that, why did he not include this in his staff report to
council in 2010.
WCB have stated that they do not get involved with dust from gravel pits as it falls under the Ministry of
Mines jurisdiction.
Ministry of Health have stated that they do not get involved with gravel pits as they are regulated by the
Ministry of Mines
The Ministry of Environment have stated that they do not get involved with gravel pits as it falls under
the Ministry of Mines Act jurisdiction.
FLNR have stated that they do not get involved with dust from gravel pits as it falls under the Ministry of
Mines permit. Despite In the Licence of Occupation from FLNR Crown Lands Paragraph 4.1 Section ( e )
states Not commit any wilful or voluntary waste, spoil or destruction on the Land or do anything on
the Land that may be or become a nuisance to an owner or occupier of land in the vicinity of the
Land
Ministry of Mines have done nothing to prevent or control the silica dust from Interoutes gravel pit.
They state it is up to the Mine operator to be self-compliant. The mine permits states. Dust originating
from the mine site shall be controlled at the source. Dust shall not be allowed to impact adjacent
private properties. This has yet to be enforced by the Ministry of Mines in 5 years. They have refused to
enforce the permit condition, or even acknowledge the pictures I have sent them showing the dust
blowing off Interoutes gravel pit.
One of the conditions asked for by council in 2010 were that Interoute were asked to perform dust
monitoring at the gravel pit. This they only did from November 2010 to March 2011 when the gravel pit
was covered in snow. The results showed low levels of dust. How Farcical!
The result only gives a base line for any future dust monitoring. Interoute are only permitted to
excavate to a depth of 6.9 meters / 21 feet so that the land may have value for future Urban Growth, for
what I cannot imagine, but they have far excessed that depth. The new proposed pit proponents are
asking to be allowed to excavate to a depth of 15 meters / 45 feet. At that depth, the only use for the
land in the future will be a landfill!!!

The land is zoned RR60 Rural Residential RR60

7.ll.8 Conditions of Use
(l) Nothing shall be done which is or will become an annoyance or nuisance in the surrounding areas by
reason of unsightliness, the emission of odors, liquid effluents, dust, fumes, smoke, vibration, noise or
glare.
In the OCP the land proposed for this gravel pit is designated for Future Growth. The destruction of flat
land should not be allowed. Revelstoke has lost enough of its flat land with the flooding of the valley for
hydro dams.
Gravel pits within city limits do not conform and are a contradiction to Revelstoke's Integrated
Community Sustainability Plan (ICSP)
Since 2010, Interoutes gravel pit has caused numerous major dust storms of crystalline silica dust to
cover my home and the homes of the Columbia Park Sub division and school. The photos you will see
were taken from my house, I live at 600 hwy 23 north the view from my house is directly into Interoutes
gravel pit therefore I get the full noise of the crushing and heavy equipment working in the gravel pit 10
hours a day and the silica dust in the wind. The new proposed pit will be no different. An additional pit
will have a cumulative effect on the levels of noise and Silica dust.
See pictures of the silica dust blowing over the Columbia Park area from Interoutes gravel pit.

Negative Impact on Property values.

On July 23 2015 I had a long conversation with Katrina LeNoury from the BC Assessment Kelowna office
the lady that gave a presentation to Revelstoke City council on Tuesday, July 14 regarding property
values. She agreed with me that the Columbia Park subdivision and surrounding area should be
reassessed to reflect the health issues from the crystalline silica dust and noise from Interoutes
Westside road gravel pit. Josh Sutton from the BC Assessment Cranbrook office has been in contact with
me regarding the reassessment for a reduction in property assessment values due to the noise and
associated health risks of being constantly covered with a class 1 carcinogen Crystalline Silica dust, he
said that he would be visiting the area in the next few weeks.
In other areas the reduction in property values of homes close to a mine which this is classed as, is a 3040% reduction in value of homes in a 1 km radius, 15-20% reduction in value of homes in a 1 km to 2 km
radius and 5% reduction in value of homes in a 2 km to 3 km radius. If my appeal is successful it will have
a negative impact on the appraised values of all properties north of the trans-Canada highway.

I have sent and received 1328 emails regarding Interoutes gravel pit over the last 5 years and have
made hundreds of phone calls, I have over 1250 pages of Freedom of Information documents from
government ministries regarding Interoutes pit some of them took up to 3 years to obtain access to.
The Ministry of Mines have denied me full access to the health issues about the Silica dust from
Interoutes gravel pit, many of the documents I did manage to get access to when received were
redacted. This is by no means all of the documents regarding Interoutes gravel pit many I have not
been allowed access to. The documents that the City allowed me to view under a Freedom of
Information request regarding Interoutes Westside Road gravel pit were incomplete and redacted. I will
make all emails and Freedom of Information documents that I have available to anyone who would like
to see them.
Finally, I would like everyone on council to consider this application as if they had to live close to a gravel
pit; to endure the constant noise & the dust blowing over their homes & family.
The proponent should locate this gravel pit on his own land close to his house.
I am asking the council to review all the facts and exercise the powers that they have under the Public
Health Act and the Community Charter to ensure the health & well- being of the people of Revelstoke
and turn this application down. In the last city elections the people of Revelstoke voted for a change
from the mistakes of the past two councils, now is the time to show us that change.
The City of Revelstoke council can be a leader and stand up for the rights of its citizens by ensuring a
healthy environment by not allowing this gravel pit application.
If the council considers giving it their approval, I would like to recommend that a public meeting be held
prior to any vote being taken, and a report from the Citys Environmental Advisory Committee should be
included with the staff report to council. Please remember that if the City gives it their approval FLNR
will automatically issue a Crown Land Lease for the land to be used as a gravel pit and issue a cutting
permit; and the Ministry of Mines will issue a mine permit as it is there mandate.

Stuart Andrews
P.S.
The view from my house used to overlook a forest now the view is a gravel pit. It used to be quiet at my
home, now it is noisy from the heavy equipment moving and crushing gravel all summer. My home is
constantly covered in silica dust when the wind blows, and the air is polluted with silica dust and diesel
fumes. Meanwhile the gravel pit managers live miles away. I built my home 15 years before there was a
pit in front of it.
For Additional Information regarding the known health effects of Silica dust google crystalline silica
health effects. Or contact me and I can send the information