In January 2011 we requested Schedule B of Soil Removal Bylaw 1989, No. 1313 which is Kirkness’ permit to move gravel out of his quarry in 2008, and the city indicated “we no longer have in our records Schedule “B”.” This is the document that would show what amount of gravel Kirkness proposed to remove.
We requested Schedule E which according to the Bylaw requires the submission of an “annual audited statement detailing quantities of Soil Substance Removed or Deposited in the calendar year (14.1(C)) “ only to find that the “audit” was done on August 17, 2008 for the period January 1 to May 31 – hardly the calendar year it should cover. Further, some 183,682 cubic meters were removed in December of the same year without apparent audit – almost twice the volume allowed by his permit from the Ministry of Mines!
The “audit” showed removal of only 52,782 cubic meters (between January and May of 2008), but did not fulfill the Bylaw requirement which indicates that the audit should “indicate compliance with the provisions of the Bylaw (14.1(C)).” In short, it should tell us whether he followed the permit he was issued (i.e. Schedule B). Schedule B, of course, is no longer in their records.
We have asked the City to respond to a series of question regarding their incomplete FOI request but to date have no response.