The Government Pg.4

All e-mails are authentic with the names of people and companies removed.

First E-mail from meeting with Township

From:Ken Cressey
Sent: Friday, January 30, 2009 1:05 AM

To: Township of North Frontenac

Subject: ****** pit Snow Road Station

Hello

Do you have any news on what we discussed pertaining to ******** Pit on Zoning , Progressive Rehabilitation, Site Plan. Have you spoken to the Ministry of The Environment . One other Question does the Township have a stake in this property which is approximately 60 feet from this property?

Ken & Jeanine Cressey

Reply

 Hi Ken and Jeanine
My apologies for not responding earlier. I checked into the Zoning of the Crain's Pit as our present Zoning By-law 15-04 designates it as ‘Hamlet’ under which pits are not permitted. However, as the pit was there prior to By-law 15-04 I looked into the previous By-law for the former Township of Palmerston and it also had it listed as Hamlet. I then consulted with ***********, former Reeve (for a number of years) of Palmerston Township to find out the history of the Crain pit. Mrs. ******** advised there has been a pit on the Crain property for years pre-dating the Palmerston Township By-laws. She advised the person who Crain purchased it from (also a former Reeve of Palmerston) had started the pit, albeit on a smaller scale. Crain's pit is therefore grand fathered.I have not spoken with the Ministry of Environment, however I did speak with the MNR Aggregate Representative, and he did not see there was an infraction with the manner in which this pit was being managed. You may wish to contact him to satisfy yourself, and ask questions which I may not have asked. He can be contacted via e-mail **********

The very first e-mail to the M.N.R.

Sat, 7 Feb 2009

Dear Sir

I am Writing to you in regards to a conversation with *************Clerk/Planning Coordinator for the Township of North Frontenac. She has sent me an Email telling me that you saw no infractions with the site. Sir I am a new resident of this community and this pit in question is right in front of my home. From my property line across the road to his fence it is approximately 60 feet. My intention is not to cause problems for Crain's or the Township but to find some equitable way to have the sites appearance brought up to standard. I have worked in many pits and quarries in the Niagara Peninsula and they don't look like this. There is no burm, no trees except one maple that stands alone directly in front of my house. They took a nice sloping hill and just tore it up. When I purchased this house about eight months ago the site was covered in snow lots of snow you could not tell there was a pit located there. There were no signs anywhere that stated a pit operation or owner or even a licence# located on the property identifying it as a pit. I have seen atv's using the pit as a obstacle course, in the summer of 2008 when high winds would come we would have sand all over our vehicle and I am not saying that all the sand is coming directly from his site but I am sure some of it is. They don't work the pit on a daily basis but only occasionally. That in itself is disturbing enough. I would like to see the site brought up to a point where the property running along the road 509 is landscaped and trees planted for a screen. I have read the brochure entitled Pit & Quarry Rehabilitation The state of the art in Ontario. I strongly agree with the opening statements made by D.F. Hewitt and M.A. Vos. and I am trying to remedy my concerns in a fair and equitable manner. I would like to ask you when you last visited this site and what your opinion was. I know what ********told me but I would rather have you state the sites condition. Perhaps in the spring you could visit the site and we could discuss my concerns over a coffee.

Ken & Jeanine Cressey

Snow Road Station, On.

The Reply From MNR

Dear Mr. Mrs. Cressey,

Thank you for your email of concern regarding the Crain's Construction pit in Snow Road Station.

Back in 2007 the Aggregate Resources Act (ARA) was designated in this area. The ARA required existing operators of pits and quarries to apply to be grandfathered into a licence. Prior to the ARA designation it was the local Municipality in control of the operations through the zoning by-laws.  Crain's Construction applied for a licence, met all the application requirements, and received a licence back in 2007 for the existing pit in question.

The requirement of operators to construct tree screens and perimeter berms is not controlled by the ARA or Provincial Standards but through the site plan. The site plan for a pit is normally drafted and approved by this Ministry in a licence application while the site is virgin. The operator often chooses to add site screening on the site plan as a consideration to the impact on existing local landowners. The practice of screening has become common place in new applications for pits and quarries in Ontario but is not a requirement. In this case of a grandfathered licence, the site plan is a requirement after the licence has been issued, and no such considerations are required because the pit has been established in the area for many years with the authority to operate a pit without screening.

However the operator is still bound by the ARA, Provincial Standards, and a site plan (when submitted and approved).

For further information of licensees requirements a current copy of the ARA can be found at the link below:

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90a08_e.htm

And the Ontario Provincial Standards can be found at the link below:

http://www.mnr.gov.on.ca/en/Business/Aggregates/Publication/STEL02_173877.html

I personally have visited this site for matters related to the licence application and have not completed a formal licence audit of the site yet. This licensee is required to erect a sign at each entrance and exit to the site and to keep dust down to a minimum. I will notify the licensee of these deficiencies and have them corrected.

If you have any questions or wish to discuss this matter in further detail, please contact me.

Yours truly,

Aggregate Resources Technical Specialist

********

February 17, 2009

Hi Ken;

With respect to the zoning setback issue you describe below, the local Municipality handles all zoning through the planning act. This question would be best answered by the Township of North Frontenac’s clerk

Thanks

********

Hi *******

I have only one other thing I wish to add to the pit operation. This picture is a blow up of our area ****** is our home and right across the street is Crain's. As you can see the area in grey is zoned EP. With that in mind isn’t the minimum setback 300 meters from an environmentally protected area. This blow up comes from the Townships own zoning maps found on there internet site. Ward*-Zone Pdf. I took this section and expanded it so you could see it better. I am just curious about the setback.

Thanks again

Ken Cressey

The Reply From MNR

Hi Ken,

As stated in my email Dated February 13, 2009; The Crain's Construction pit in Snow Road Station has had a licence since 2007.

A site plan has not been approved for the licenced site yet. When a site plan is approved for the site I will let you know and you can submit a request under the Freedom of information and privacy protection act (FIPPA) to obtain a copy.

Yours truly,

June 1/09

To: Township of North Frontenac

Hello *********

Well on Friday May 29/09 we just happened to look across the street at Crain's site and saw one of Crain's employees planting small trees. They are about 2 ft. to 3 ft. tall and look like spruce and white pines.

Ken & Jeanine

July 18 2009

To: Township of North Frontenac

Hi ******

I should tell you about Jeanine's cough. She had the x-rays in Perth and when we returned home the clinic in Sharbot had called. They brought in a breathing specialist and set an appointment the next day. All tests she passed with flying colours. They even sent her to Smith Falls for a bone density test and told her she has the bones of a young girl. The opinion of the Specialist was the cough was related to the dust from Crain's pit. They have been working in and out of the pit but staying well away from the house they have been using the gates on the Hwy 36 . Jeanine is better and doesn't cough as much now.

Ken & Jeanine

From: Ken Cressey
Sent: July 29, 2009 12:42 AM

To: Township of North Frontenac

Subject:

Crain's have been screening here for a while and with the rain it had been keeping the dust down but today it started drying out and the dust started. Jeanine started coughing again she coughed so hard that she has bruises on her stomach. I am trying to get her to the doctors tomorrow to make sure there is no internal bleeding. Now the really bad news is the practioning nurse has told Jeanine that we have to move because of the dust. When we know more I will let you know.

Ken & Jeanine
Reply
I am sorry Jeanine is suffering again. A person has to wonder how many others are affected by this, Jeanine can’t be the only one. Moving is such a major undertaking for you two especially when you found someplace comfortable to call home.

Township of North Frontenac


Bruise from coughing. This Photo is from bruising from coughing from the dust. Its has been documented by her own health professional.

One of the first e-mails I sent was to the Environmental Commissioner of Ontario

Tuesday, March 16 2010

Sir

I would like to ask you at what point do they mean Mitigate the adverse effects of noise and dust from a pit or Quarry. How do they determine the amount of noise and dust that is acceptable. We purchased a home not knowing there was a pit directly adjacent to the home. Last year they came in and began to crush and screen gravel. The noise was overwhelming and the dust from the site caused my wife to have breathing problems. For 5 months my wife could not go outside the house because of the continued respitory distress caused by the dust. Six weeks after they stopped crushing my wife died of a heart attack. The stress from this was overwhelming to her and me. We did complain but on deaf ears.

Ken Cressey

Dear Sir

I should have elaborated a bit more about the dust. The year we took possession of this house there were no activities in the pit. My wife was fine then. This year they crushed and hauled material from the site. The trucks passing in front of our house were 300 ft. away. The noise alone from the crushing and loaders was bad enough but the dust from the trucks . The area that the trucks go across is about 10 ft higher than my land.

I thank you for your thoughts about my wife. All we asked for was a nice little home in the country not a death trap. We were unaware that we had legal recourse till august this year but the house had to be sold prior to taking action so we could not leave. My wife passed away Oct 25/09

Thanks again

Ken Cressey

Dear Mr. Cressey;

I am sorry to hear of your tragic loss and the circumstance you find yourself in. These types of situations do arise where home buyers are unaware of the adjacent land uses. Your realtor should probably have exercised due diligence and informed you of the pit. Real estate lawyers are also available to ensure that home buyers are not caught without recourse in situations like this.

We do appreciate your inquiry. To answer your question, while I don’t have the specific information, there is a protocol between MNR and MOE that governs how noise and dust are dealt with by the MOE in regards to Pits and Quarries. It might serve you to refer to the Aggregate Resources Act (ARA) Policy Manual:

http://www.mnr.gov.on.ca/en/Business/Aggregates/2ColumnSubPage/266561.html

You might also refer to the website of the non-profit agency Gravel Watch. They have relevant and useful information posted on their website on both dust and noise that may answer your question; furthermore they may be able to answer your questions more specifically:

http://www.gravelwatch.org/

For your information, the Environmental Commissioner of Ontario (ECO) is an independent commission that monitors and reports on the application of the Environmental Bill of Rights (EBR), provides public education to facilitate Ontario residents' participation in environmental decision-making, and reviews government accountability for its environmental management activities, closely scrutinizing government practices to encourage transparency and accountability.

The role of the ECO is to ensure that in the exercise of their mandated responsibilities, each EBR prescribed provincial ministry identifies, evaluates and considers the potential (and actual) environmental impacts associated with their decision-making activities.

Additional information on the rights of Ontario residents under the EBR can be found in the document ‘Your Rights under the EBR’ from our website:

http://www.eco.on.ca/eng/index.php/environmental-bill-of-rights/about-the-ebr/your-rights-under-the-ebr.php

Furthermore, I have also included for you a link to an ECO document titled ‘Pits Quarries and the Environmental Bill of Rights’ which offers a selection of relevant information about how the Environmental Bill of Rights (EBR) and the ARA intersect:

http://www.eco.on.ca/eng/uploads/eng_pdfs/econote33.pdf

I hope this information proves useful.

Regards,

Yazmin Shroff

Public Information & Outreach Officer

Environmental Commissioner of Ontario

I went to the site for more information. I am just an average person no great person of intelligence but I read this article 'the link. http://www.ecoissues.ca/index.php/Municipal_Act,_2001 .'

March 25 2010

Hello MNR
As you can see my beautiful wife of 32 years passed away. This place was hell for her and I last year and I have videos to prove how bad it was. I have tried to talk to Mrs. ***** at the MOE so I could show her but no one wants to hear. Jeanine choked from May till the end of Sept. on dust she could not even go outside. The noise from the activities from across the road were madding. Jeanine created a journal and was told by her own practioning nurse to move from here but it was too late. She was 3 months past her 65 birthday the stress she was under was unbearable. I thought I would send you her journal and her medical statement for your records. As far as I am concerned the activities across the road are responsible for her death.

Ken Cressey


Sometime in March 2010  I called the Ministry of the Environment in Kingston. I got a voice mail and left a message for them to call. I waited a few days and had no response. I called again this time I spoke to a receptionist she transferred me to the same person where again I got a voice mail. I called back and spoke to the receptionist and told her about what took place. I was told she would get back to me no one ever did. I made copies of my videos, pictures, and letters and sent them to the same woman in Kingston. I still never received any reply from her. I had enough no one wanted to talk. I sent the picture of my wife that was used for her obituary to the M.N.R. and told them to use it on there site plan. I sent the same photo to the local MP. The township knew about her death and there was no response from them. I then sat down and wrote to The Honourable John Gerretsen.

The letter

Honourable John Gerretsen

Dear Sir

I am writing in regards to my wife's recent death Oct 25/09. We live in a small hamlet located in a place called Snow Road Station in North Frontenac. Directly across the road in front of our home lies a gravel pit. In April /09 they came in and started crushing / screening and hauling material from the site. My wife began coughing from the dust. It was not real serious at first but it stated getting worse. We had complained to the MNR previously about the dust but in there opinion it was fine. The trucks pass in front of our home about 300 ft. away and not once was any dust preventive measures taken. My wife's coughing got worse so severe she had bruising on her stomach. I had been taking her to the doctors because she could not breathe. We had to keep our windows closed and she could not go outside on nice days only when it was raining could she go out. She had taken x-rays, blood tests, and saw a pulmonary expert to try and help. In August they moved the crusher in front of the house about 500 ft. away. When they did this my wife's coughing became worse and the noise was unbearable. Her coughing was severe now and I took her away for a few days. When we returned her coughing only got worse. I sent her home to her mothers for awhile but she had to come back. Six weeks after they stopped crushing she had a heart attack. She coughed for 5 months. I could not believe that in today's world this could possible happen. She was 4 months past her 65 th birthday and I had never saw a more proud Canadian than her when she received her old age card. I cannot believe the conduct of the owner of the pit or the MNR. We were to grow old together but not die like this. My wife had no problems with her heart or breathing till they started working on the sand gravel pit. I am sending some videos to ******in Kingston showing what we had to live with.

Ken Cressey

I wrote to the Premier of Ontario the Honourable Dalton McGuinty.

The letter I sent

Dear Premier McGuinty

May 14 2010

I am writing to you in regards to my Dear Late Wife about how she suffered and died. She was breathing dust from a sand and gravel pit in North Frontenac. The pit is owned and operated by *****Construction from ******. In April 09 ****** Construction came in and began crushing and screening from the site. My wife began coughing not severely at first but would cough when she was outside. This only happened when the dust from the trucks hauling material from the site. As time went by she was coughing more and more and it was worrying me as to what was causing it. In the previous year ***** did not work the site and she was fine. We had also written to the M.N.R. and the Township of North Frontenac about our concerns of the dust prior to April 09. We also asked for an environmental assessment when the township wanted to open a right away to an adjoining pit. We were denied. My wife was seeing a nurse practitioner about the coughing and was sent to Perth hospital for chest x-rays, blood work; they also brought in a pulmonary expert to check her lungs. In June 09 she was told by the nurse practitioner to move and sell the house because of continued respiratory distress. My wife had never had any problems before with her breathing or her heart. We did put the house up for sale but it did not sell till April /10 my wife passed away Oct 25/09. For 5 months she suffered I had sent her away 3 times to keep her away from the dust. She would cough and choke so severely once that she had bruising on her stomach. I found her twice folded up trying to breath. This dust I believe contains silica, and quartz both listed as carcinogens. Not one, not even the township would help. We called the township in August /09 when they moved the crusher right in front of our home. The township refused to take the complaint, refused to send the bylaw officer and refused to call the authorities. I have sent a letter to The Honorable John Gerretsen and did receive a reply. He said he would send it to Mr. *********of the M.N.R. where I suspect this matter will be buried. I thought we were protected by the environmental protection act, and the aggregate resources act. My wife could not go outside on nice days only when it was raining and the noise from the site was unrealistic. We kept our windows closed all summer to keep the dust out. I will not let this matter just go away she was my friend and wife for 32 yrs. I do know one thing that justice now is only what you can afford. The rich and powerful can afford justice but people like us are swept under the rug. I hope you can prove me wrong. I believe that this matter should be referred to the Attorney Generals office for an investigation. My wife had just had her 65th birthday in June and we were looking forward to a long and happy life. No one should have to go through what my wife did not in this day and age.

Thank you

Ken Cressey

Snow Road Station

The Reply
May 14 2010

Mr. Cressey, my colleagues and I continue to echo our belief that our province’s high quality of life and sustainable economic growth are contingent upon strong environmental protection. That is why it is a priority of this government. We understand that all Ontarians deserve to live and work in clean, safe communities – communities in which the environment contributes to our health and well-being.

As this issue falls under the responsibility of my colleague the Honourable Linda Jeffrey, Minister of Natural Resources, I’ve sent her a copy of your message asking that either she or a member of her staff provide you with a response.

Thank you again for contacting me. Please accept my best wishes.

Dalton McGuinty Premier of Ontario

c:      The Honourable Linda Jeffrey




I wrote to the Minister of Health
May 28 2010
The letter

Dear Minister

I am writing in regards to my late wife Jeanine Cressey who passed away Oct. 25/09. My wife and I live extremely close to a sand and gravel pit in North Frontenac. In April 09 the owner of the pit ******** started crushing sand and gravel. My wife started coughing not seriously at first but as the months went by she got much worse. The pit owner never used any dust control in the entire time that they crushed or hauled the material. The dust was unrealistic. My wife when this first started was taken to *****t ********** where she saw nurse practitioner ********. We had blood tests done and my wife was sent to the hospital in Perth for chest x-rays also to Smith Falls hospital for bone density test. Immediately after that they called in a pulmonary expert to check her lungs. All things at that time were fine but she kept coughing more and more. One time she coughed so severely she had bruising on her stomach. I found her twice lying on the bed unable to breath. This went on for 5 months and 6 weeks after they stopped crushing I woke up at 7:30 am to find my wife laying there gurgling. She was taking deep breaths and holding them as if she was under water. She died about 40 min. later. I have tried to get the Ministry of the Environment to get involved but they sent the videos photos and my wife's journal that she made when all this started, I have since found that the primary stone they crush is quartz. I would like to have samples taken to see if there is any quartz silica. I hope you can help me. I have been trying to find a lab on my own to have samples tested. I should also mention that in the 32 years I was with my wife she never had breathing or heart problems.

Thank you

Ken Cressey

The Reply

I suspected there was crystalline silica present in the dust and asked many times about this. I was getting no where with the Governments in charge so I sent a sample to a laboratory. They confirmed crystalline silica was present.

A little note from Health Canada

IARC's "overall evaluation" states:

• "In making the overall evaluation, the Working Group noted that carcinogenicity in humans was not detected in all industrial circumstances studied. Carcinogenicity may be dependent on inherent characteristics of the crystalline silica or on external factors affecting its biological activity or distribution of its polymorphs.
• Crystalline silica inhaled in the form of quartz or cristobalite from occupational sources is carcinogenic to humans (Group 1).
• Amorphous silica is not classifiable as to its carcinogenicity to humans (Group 3)."

From: Ken Cressey

Sent: July 6, 2010 8:56 AM
To: MOE

Subject: Ken Cressey

Hello  ********

I have not had a response to my last E mail asking for the report that was made by you and the M.O.E. could you please tell me the name of the officer from the M.O.E. and your superior.

Thanks Ken Cressey

Good Morning Ken,

I’m not sure about MNR, but for MOE there is no formal “report” from our meeting with Crain's Construction. That was a site meeting to discuss operational concerns and my role was to provide support to MNR who directly regulate the company’s activities through their license to operate. I have remained in contact with MNR staff regarding this site and continue to be available to assist where required.

With Regards,

*******

Ontario Ministry of the Environment

Kingston District – Operations Division______

Sent: July 06, 2010 4:29 PM
To: MNR
Cc:*******

Subject: RE: Ken Cressey

Ken,

The MOE contact is ****************************and email is*************************

From: Ken Cressey 

Sent: July 07, 2010 10:59 AM
To: MOE

Subject: Re: Ken Cressey

Good Morning  ********

Will there be charges brought up against Crain's through the Environmental Protection Act this is one of the questions I did not ask when we were talking. I want you to have one other document that Jeanine received just before she died.

Regards Ken Cressey

Reply from MOE

Thanks Ken. May I forward the document to MNR? As previously indicated they are the lead agency for pits/quarries. I’m unsure at this point where they are in their investigation of the situation, but I’m sure the document would be helpful for them as part of their decision making process.

The Document

                   

Next article View of Conditions we lived with http://www.youtube.com/watch?v=RL2f8NUErJE

From: Ken Cressey

To: (MNR)
Subject:

Hi ******

I have just received a letter from  *************. I am enclosing a copy of the letter. This inspection that took place when I was there does not refer to my complaints since they were from last year. I am enclosing a copy of a letter that I received from ***********and want to know whether you or ********viewed those photos and videos showing clearly total disregard for controlling dust emissions. If you need a copy of the disk I sent I will be more than happy to send you a copy.

Ken Cressey

The Reply

From: MNR

Hi Mr. Cressey,

To answer your question below, yes we viewed the photos and video that you had provided to the MOE and we utilized that information to support a joint site visit with the MOE and the site operator to pursue the issues that occurred last year. As noted in  ********letter to you, the operator was reminded during that meeting about the dust management requirements of their Aggregate Licence and the Environmental Protection Act.

******

Next Article When I saw the two officers and the pit owner I refrained from going up to see them while he was present. When I approached the officers they said Mr. Cressey I acknowledged, they both gave me condolences for my wife and then one officer from the M.O.E. said "this should have never happened" he then told me that the operator was not permitted to crush on site because of the proximity of the homes" he further stated that he did not have the proper licence to crush. He further said to me that he will never be given a licence to crush on this site. 

From: Ken Cressey 

Sent: November 2, 2010 11:47 PM
To:(MNR)
Subject: Ken Cressey

Hi  *******

******** could you send me the email address of ********. I have spoken to him since he is the new case officer. We were supposed to arrange a meeting in October but have not heard from him since . He gave me an email address but I may have it wrong since my mail was returned to me.

Thanks Ken Cressey

From: Ken Cressey

Sent: November 7, 2010 10:57 AM
To: (MNR)Subject: Ken Cressey

Hi*******

 

Well October has passed and am wondering when you will be down this way. I have talked to my attorney and he wishes to be present when you find the time to come. Not to worry I am not upset about you not making it here in October I have had many appointments with doctors for my lungs so I have been a bit preoccupied with my health. Let me know ahead of time when you want to set something up so I can let my lawyer know.

Ken Cressey

From MNR

Hi Ken: At this point I cannot commit to any specific time for a meeting but I will contact you if I need to get a statement from you. Presently the occurrence is still under investigation and moving foreword.

 

Thanks***********

From: Ken Cressey

Sent: January 21, 2011 12:26 AM
To: (MNR)Subject: Curious

Hello ********

I am curious when I first told Premier Dalton McGuinty of what happened to my wife and myself I asked that the Attorney Generals Office take charge of this case. He directed this to the M.N.R. and the M.O.E. stating that it was there jurisdiction. My question is that will there be charges of Criminal Negligence brought up against the owner of the pit. I also wonder why the Township refused to call the M.N.R. when we told them about what was going on. I will be receiving files that I left with a lawyer soon and I have the phone bill from when we called the Township. We talked to a woman named Tammy who refused to take the complaint, refused to send the by-law officer and refused to call the authorities. My wife and I spoke to *******about this two days before she died.

I am now awaiting a CT scan for my lungs and now have been given puffers to help me breath just so you know.

Ken Cressey

From MNR

Hi Ken: At this point all I can tell you is that this occurrence is under investigation and I will be pursuing this matter under the Acts and Regulations that I have the authority to enforce. I am not a liberty to comment on the actions of others, but I assure you that I am proceeding with the information and evidence I have at my disposal.

*********

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