Livingston Excavating and Trucking Inc. - Issuance of a licence to remove over 20,000 tonnes of aggregate annually from a pit or a quarry

Proposal updates

This notice was updated on July 20, 2022 to advise the public that this application under the Aggregate Resources Act has been referred by the Ministry of Natural Resources and Forestry to the Ontario Land Tribunal.  Please refer to https://olt.gov.on.ca/tribunals/lpat/e-status/ for information on scheduled hearings of the Ontario Land Tribunal.

This notice was updated on April 26, 2022 to advise the public that there has been no change to the status of the proposal and it is still being considered.  No additional opportunity for comment is being provided for at this time.  

This notice was originally published on March 4, 2020 for a 47-day comment period ending April 20, 2020. The notice was republished on April 3, 2020 to extend the deadline to submit comments by May 4, 2020.

Description of instrument

Livingston Excavating and Trucking Inc. has applied for a Class A (Category 1 – Pit Below Water) licence to excavate aggregate from a pit 36.0 hectares in size, with an extraction area of 25.9 hectares. The annual tonnage condition applied for is 150,000 tonnes in any calendar year.

The application site is currently licensed under the ARA to operate as a Class B (tonnage condition of 20,000 tonnes or less in any calendar year) pit above water. If the licence application is approved, the existing licence will be surrendered.

Other information

The extraction of aggregate from a pit or quarry on private land designated by regulation, in the Province of Ontario, requires the issuance of a licence. The Aggregate Resources of Ontario Provincial Standards Version 1 (Provincial Standards) sets out the application process and requirements.

For each new licence, the applicant must provide information (site plan, summary statement, technical reports) with respect to the existing features, operation and rehabilitation of the site to demonstrate that the proposed operation will minimize adverse impact on the environment. This information is prepared in accordance with the category being applied for under the Provincial Standards.

For this proposal, the following are available for viewing at the Ministry of Natural Resources and Forestry office listed below:

• site plan
• summary Statement (Planning Summary Report)
• natural Environment Level 1 & 2 (Environmental Impact Study)
• cultural Heritage (Archaeological Assessment Stage 1, 2, 3 and 4)
• hydrogeological Report (Hydrogeological Assessment Level 1 and 2)
• noise Assessment (Acoustical Impact Study)

The Site Plan addresses existing features of the pit and/or quarry area (existing natural features and land use on and surrounding the site within 120 meters); the proposed operation (shape, dimensions, area and depth to be excavated, method of extraction); and progressive and final rehabilitation.

The Summary Statement includes information on one or more of the following considerations: land use planning, agricultural classification, quality and quantity of aggregate, haul routes, truck traffic and entrance permits, progressive and final rehabilitation, surface water, and elevation of the established groundwater table.

The Natural Environment report determines the presence of significant natural heritage features/areas and fish habitat and ensures that any necessary preventative, mitigative or remedial measures are undertaken for their protection. A Level 1 report identifies if the features are on-site or within 120 meters of the site. If features are identified, then an impact assessment (Natural Environment Level 2 report) is prepared to determine any negative impacts on the natural features or ecological functions, and any proposed preventative, mitigative or remedial measures.

The purpose of a Cultural Heritage Resources report is to ensure that significant archaeological resources are identified, assessed for their significance, and protected (preserved or collected).

A Hydrogeological Level 1 report is a preliminary evaluation to determine the final extraction depth relative to the established groundwater table(s) and the potential for adverse effects to groundwater and surface water resources and their uses. If the Level 1 report identifies a potential adverse effect resulting from the operation, then an impact assessment (Level 2 report) is required to determine the significance of the effect and the feasibility of mitigation.

A Noise Assessment report is prepared if extraction and/or processing facilities are within 150 meters (for pit applications) or 500 meters (for quarry applications) of a sensitive receptor defined by the Provincial Standards. The report is required to determine whether provincial guidelines can be satisfied.

Comments received through the Environmental Registry should not be construed as an objection under the Aggregate Resources Act in accordance with section 4.0 – Notification and Consultation Standards of the Provincial Standards 1.0 under the Aggregate Resources Act. To be considered as a formal objector, individuals need to contact the Ministry of Natural Resources and Forestry contact specified on this notice to determine how to submit an objection.

Public Consultation Opportunities

As specified in the Aggregate Resources Act, written notice concerning this application was delivered to landowners within 120 meters of the proposed licenced boundary; an information sign, giving notice to the public of this application, was erected at the proposed site; and a Notice of Application appeared in the local paper, the Simcoe Reformer on Tuesday February 18, 2020. A public information session was held on March 9, 2020 between 4:00 p.m. and 7:00 p.m. at the Talbot Gardens (Hockey Arena), Multi-Purpose Room, 10 Talbot Street North, Simcoe, Ontario N3Y 3W4.

The application for this licence is being circulated within the Ministry of Natural Resources and Forestry, Aylmer District office. Additionally, notice of this application has been forwarded to the County of Norfolk, the Ministry of Environment, Conservation and Parks, Ontario Ministry of Agriculture Food and Rural Affairs, the Long Point Region Conservation Authority, and Bell Aliant.