Whitehorse Daily Star

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WILLING TO WORK WITH OTHERS – Doug Gonder (left), the owner of Norcope Construction, and Tyler Heal, an engineer with Stantec, which is working with Norcope on the quarry project, address city council Monday evening. Inset Kinden Kosick

‘Due process’ urged for OCP change for quarry

Norcope Construction is urging Whitehorse city council to at least allow for public input into an amendment it’s seeking to the Official Community Plan (OCP).

By Stephanie Waddell on March 21, 2017

Norcope Construction is urging Whitehorse city council to at least allow for public input into an amendment it’s seeking to the Official Community Plan (OCP).

The amendment would change the OCP designation of a 21.6-hectare piece of vacant Commissioner’s land on the Alaska Highway next to the Utah Siding yard near Mount Sima Road to industrial to allow for a gravel quarry.

It is currently designated at mixed-use-industrial/commercial under the OCP.

The proposal was first brought forward to the city in September 2016, with council then voting to at least consider it.

Acting planning manager Kindon Kosick, however, brought forward a recommendation at Monday night’s meeting that council defeat the amendment at first reading, which is set for next week.

As he stated in his report to council: “In reviewing this application, it was found that there is a direct collide with OCP policy 8.2.3 (quarry buffer distance, in this case from First Nations’ parcels, an uncertainty of site access, and a loss of future development potential.”

Both the Ta’an Kwäch’än Council (TKC) and Kwanlin Dün First Nation have settlement land in the area with the recommended 300-metre buffer inside sites that have been designated as commercial and residential sites by the Ta’an.

“TKC has submitted a letter opposing this amendment which stated that the quarry would be an impact on aboriginal rights and title and requests that the city not approve the amendment,” Kosick said.

Under questioning by Mayor Dan Curtis about whether a reduction in the footprint of the proposed quarry could address concerns from the First Nation, Kosick said he didn’t want to speak for the First Nation, but the city could reach out to discuss it with them.

Tyler Heal, an engineer with Stantec, which is working with Norcope on the project, also told council that another planner with the company has had preliminary discussions with affected First Nations about the proposal.

Norcope owner Doug Gonder told council the company would be more than willing to work with First Nations on the plan, as well as any other affected parties to ensure there are no issues.

He pointed out that when Norcope went through the Yukon Environmental Socio-economic Assessment Board review on the project, there had been no opposition to it.

Similarly, on the issue of access, Gonder said Norcope is willing to work with the city to develop a suitable access road to the site after a number of other possibilities have fallen through.

Kosick highlighted them in his report:

“Yukon Highways and Public Works have stated that Norcope cannot access this site from the Alaska Highway. White Pass & Yukon Route has also stated that Norcope will not be permitted access through the White Pass & Yukon Route parcel.

“The remaining access option for access to the area is via Miles Canyon Road, which is important for recreation and tourism. A review of impacts to the Alaska Highway and required upgrades has not been completed by the applicant to date.”

In addition to highlighting Norcope’s willingness to work with the city, First Nations and others who may be affected by the proposed plans, Gonder and Heal argued that defeating first reading wouldn’t allow for due process on the matter.

By voting in favour of first reading, the amendment could move on to the public process. A public hearing would be held April 24 followed by a report on the hearing coming forward to council on May 1.

Council could then take into consideration that input before deciding on the final two readings of the designation change.

Gonder also emphasized the many years of work that have gone into finding a good quality supply of gravel as this site offers for the next 25 years or so.

Without that kind of supply, he argued, gravel prices could rise, thus increasing development costs in the city.

There are no other new areas that have been identified for quarrying, he said.

Addressing concerns that have come up over the potential to redevelop the site after its quarry life, Gonder reassured council that there is potential for future development, and that it wouldn’t be in the view of those driving along roads like the Alaska Highway or Miles Canyon Road.

“We’re asking to work with the city,” he said.

Throughout a lengthy council discussion, members wondered about possibilities like making the proposed quarry site smaller, discussions with First Nations and potential access options.

While Kosick did not have answers – with many questions requiring input from other parties – he noted that those issues could be looked at.

The size of the quarry site, for example, could be considered when the zoning (which can only be considered after the OCP amended) is looked at.

First Nations would also have to be contacted to speak to their views on possible changes to the proposal, and Kosick said he couldn’t say anything about possibilities for gravel prices.

First reading will come forward for council to vote on next week.

Comments (7)

Up 9 Down 0

Just Say'in on Mar 25, 2017 at 1:14 pm

This outfit is a rule breaker and should get no consideration. And as a matter of fact they should go back in and restore the damage he caused in that area and give him the bill. That is beautiful flat land that could be used for anything else other then him, and his pit.

Search these jobs gone bad.
Airport Concrete replacement.
I first ave. underground infrastructure.
Logan roads and infrastructure.
Airport Parking Lot.
Whistle Bend fiasco.

Give him nothing.

Up 24 Down 0

north_of_60 on Mar 22, 2017 at 5:03 pm

@moe raises a good point that deserves clarification. Did Norcope have a permit for the access road they bulldozed into public land? If so, then why are they being stopped now. If not, then why are they not being charged.

It appears that the CoW is failing to inform the public.

Up 27 Down 0

Stanley Miller on Mar 22, 2017 at 1:31 pm

It's time to tell this guy that their are rules to protect the environment and land owners.
If he cannot comply the quarry should be a no go.

Up 32 Down 1

BnR on Mar 21, 2017 at 8:40 pm

And if Doug doesn't get his way, how long until the rock trucks are on City Halls lawn? I have zero faith in anything Norcope gets involved with. Ask around how well the upgrades to "the pond" in Whistle Bend are going.

Up 26 Down 3

moe on Mar 21, 2017 at 5:08 pm

Doug Gonder is a frequent flyer in suing governments or being sued by governments for contracts gone sour. He may be right, he may be wrong, but his name comes up frequently. Right now he is being sued for work he did at the Whitehorse Airport. I remember him parking heavy equipment downtown over another dispute, and suing for additional work he felt he deserved at Whistle Bend.

I have noticed that he has 20 acres or so for sale adjacent to Whistle Bend/Mountain View Golf Course for several million dollars. How did he get that land? Was it another former gravel pit or mining claim? I don't know but he really seems to be good at getting his hands on valuable real estate.

I saw the large road he bull dozed into this proposed gravel pit from the Alaska Highway a year or two ago, apparently in contradiction of permits or without permits. Now he is not allowed to use that access?

Doug does not seem to follow rules and seems to be incredibly pushy with his self interest.
I would like it if someone in the government took the time to answer a few questions for the public, to shed some light on his business practices and why he would even be considered for being given 50 acres of land off the Alaska Highway near downtown.

There are plenty of people who would love to get their hands on parcels of land off the Miles Canyon Road for tourism businesses or very well appointed housing lots. But it seems like Doug has snuffled up another truffle for himself.

If we really need a gravel pit this close to downtown, it should be publicly owned and done right so it's not going to become another law suit, or another land grab under the guise of a quarry.

At the very least any use of the land should have the land revert to the city when the quarry is emptied, complete with many millions of dollars (whatever it takes), in a remediation fund to restore the land when Doug is done ripping it apart.

Up 21 Down 1

This entire matter is cart before the horse on Mar 21, 2017 at 3:45 pm

Norcope's history speaks for itself.

http://yukon-news.com/news/contractors-meeting-with-minister-bends-the-rules

http://whitehorsestar.com/News/government-norcope-reach-an-out-of-court-settlement

http://whitehorsestar.com/News/contract-dispute-returns-to-courtroom

http://whitehorsestar.com/News/lease-forbade-living-on-property

http://whitehorsestar.com/News/airport-apron-woes-spur-multimillion-dollar-suit

Up 16 Down 2

ProScience Greenie on Mar 21, 2017 at 3:44 pm

Did it really go through YESAB without opposition? If so then something is badly broken with the whole system at all levels. A system by the way that employs many well paid people that are suppose to be qualified for this. How totally dysfunctional yet none bat an eye at it.

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