Legal battle continues over gravel quarry

A long-running dispute between the City of Prince George and the operator of a local gravel quarry could be nearing an end but some legal wrangling remains.

A brief hearing is scheduled for April 10 at the Prince George courthouse to consider an order that would prevent the city from regulating the activities of Rock’n’Roll Aggregates Ltd. and Rolling Mix Concrete (B.C.) Ltd. in relation to an operation southwest of the intersection of North Nechako Road and Foothills Boulevard.

If endorsed, the operation would remain subject to any restrictions imposed pursuant to a permit issued by the provincial government under the B.C. Mines Act.

The sides have been at odds since October 2020, when the city issued a stop work order after finding the operation had allegedly encroached on a 100-metre setback from land zoned for residential use as set out under the city’s soil removal bylaw.

A site plan submitted to the provincial government as part of securing the permit under the Mines Act shows a 50-metre buffer from residential areas along the west and north sides and a 10-metre setback along the south and southwest boundaries.

The city is seeking some rewording of the order as proposed by Rock’n’Roll and Rolling Mix that remains within the spirit of what they are seeking but also a deletion of a declaration that the provincial government has “exclusive jurisdiction over all activities authorized by a mining permit.”

Rock’n’Roll and Rolling Mix have also been seeking more than $500,000 in alleged damages related to the shutdown and additional costs to resume the operation. John Paolucci is president of both businesses.

Victoria lawyer Jeff Locke took over as counsel for the city on the matter in April 2022. Roy Stewart remains counsel for Rock’n’Roll and Rolling Mix.