The plaintiffs contend the work should instead be subject to the B.C. Mines Act, which they say allows a five-metre setback.
The 100-metre setback imposes a "very significant" impact, according to the notice, because it removes about one-third of the sand and gravel reserve they otherwise would have been able to mine. The material was to be used to "ensure the continuation of supply for concrete manufacture" by Rolling Mix, they say in the notice.
They say activity within the 100-metre setback was ceased mid-October 2020 in response to an order issued by the city. The site is southwest of the intersection of Foothills and North Nechako and bordered by residential property to the west and the north.