Picton Terminals started blasting the rock face on Picton Bay last week, causing a furor among residents of Picton and across the County.

Blasting within 30 metres of the waterline requires a permit from the Quinte Conservation Authority. Quinte Conservation’s Regulated Areas GIS Viewer shows the area of the cliff face Picton Terminals is blasting and excavating falls within its jurisdiction.

The QCA website states: “If your property falls within our Regulated Area you should contact our office prior to starting any kind of development (construction, site grading, fill replacement) to apply for a permit.”

Picton Terminals apparently did not contact QCA prior to starting to blast the cliff face, nor did it apply for a permit.

Brad McNevin, the Authority’s Chief Administrative Officer, acknowledged on Wednesday last week that Picton Terminals needed to apply for a permit and did not. He also noted the area Picton Terminals is blasting falls within QCA’s jurisdiction — but not by much.

“According to our Shoreline Management Plan (2022) … the rock face is only marginally located within our regulated area (within a few meters)…Staff would have issued a permit for the removal of the rock face upon receipt of an application.” Mr. McNevin wrote by email in response to residents’ concerns.

Mr. McNevin also pointed out that the Ford Government’s 2024 Conservation Authorities Act limits the abilities of local Conservation Authorities to act to conserve natural resources and protect watersheds.

Site Preparation

In a social media post Thursday morning, Picton Terminals claimed it was excavating rock on the cliff face in order to prepare the way for grain silos to be built by Parrish & Heimbecker.

“Picton Terminals is excited to share this Milestone Moment with you!” begins the Facebook post.

“The PT Team is diligently preparing our site for the new P&H grain terminal. This week, we reached a significant point as we create the area for the new grain silos ! Site transformation continues and we look forward to sharing Milestone Moments throughout the evolution of the P&H marine terminal development!”

Parrish & Heimbecker has not applied for any building permits from the County. Picton Terminals can, however, begin site preparation activities without a permit. “There is a major gap in County legislation,” said Councillor Kate MacNaughton. “We have no site alteration by-law, which means developers can start clearcutting or blasting the escarpment to prepare for building without a permit.”

The area directly below the blasting site is part of an exfiltration zone for groundwater and stormwater drainage from the Picton Terminals site. A spokesperson for the Ontario Ministry of the Environment said the Ministry had reviewed the situation and was satisfied that Picton Terminals was adhering to its Interim Action Plan for storm and groundwater management.

The Picton Terminals site is about 1200m from the municipal drinking water intake pipe and about 500m from the water intake protection zone.

Mark Kerr, spokesperson for the municipality, noted the County has no jurisdiction over blasting at Picton Terminals. “The municipality does not have jurisdiction for activities occurring near the waterline and blasting rock from the cliff face. We agree that you should reach out to Quinte Conservation and the Ministry of Natural Resources for their perspective on these issues.”

“We would like to see the permit where Quinte Conservation gave the authority to blast the cliff face,” said Leslie Stewart, President of the County Conservancy. “That is definitely within 30 meters of water and where the supposed exfiltration zone is located for the MECP groundwater and stormwater drainage.”

“I don’t know what exactly they are allowed to do,” said Tim Smythe-Bishop, who lives on the Bay directly across from Picton Terminals, “but they just blew up a huge amount of rock off the face of the wall. It was so loud that all the windows in our house shook dramatically. It happens all the time, but this one just now was incredible.”

Blasting started last Tuesday morning. It was followed by an excavator situated on the very edge of the cliff attempting to dislodge a huge boulder from the escarpment early this afternoon.

“It looked like they were trying to break away additional rock with an excavator. I have no idea how this is considered safe,” said Mr. Smythe-Bishop.

Picton Terminals obtained a permit from Quinte Conservation Authority to quarry part of the cliff face to create a shipping road — but that permit expired in 2018 and has not been renewed.

While Council voted to approve a settlement with Picton Terminals on October 8, its terms require the County to request a Ministerial Zoning Order from the Minister of Municipal Affairs and Housing, Paul Callandra. Without that MZO, the deal falls through. The County has not yet requested an MZO from the province.

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