Cox Construction Limited - Permit to take water

Comments from the city of Guelph

1. The City is curious regarding the Ministry’s rational for the approval of an amendment to an existing PTTW for the relocation of a pond onto a separate legal property and at significant distance from the current wash pond. Climate Change
2. Has the Grand River Conservation Authority (GRCA) been provided an opportunity to review the PTTW amendment application based on the location of the proposed new pond location being immediately south of a Regulated GRCA area and wetland?
3. The City would recommend that water levels continue to be monitored in both the pond and the wetland including adjacent new monitoring wells, stream elevations and baseflows to ensure the wetland conditions are not being impacted by dewatering and/or the new wash pond (if permitted by the ARA License).
4. The Aggregate Resources Act (ARA) License (2018) for the pit states: “14. When the processing area is relocated to Stage 3, the siltation pond will be relocated as well additional approvals, if required, will be obtained prior to relocation
5. Could the Ministry confirm that the new pond location is permitted through the ARA License and that “No new approvals are required”?
6. The City strongly recommends that monitoring of water levels continue with the existing requirements in the PTTW, especially because there were no additional assessments as to the potential impact of the new pond placement or construction beyond a desktop review.
7. Please advise Cox Construction that they may be subject to the water quantity policies and the policies may affect the terms and conditions of their permit in the future.  Cox can obtain more information on the water quantity policy process at - https://www.sourcewater.ca/en/source-protection-areas/Guelph-and-Guelph-Eramosa-Tier-3.aspx?_mid_=1507.  
8. Because this PTTW is within the WHPA-Q, the City requests that the Ministry include a condition within the permit to provide the annual monitoring reports from Cox Construction to the City for review.
9. The Ministry has indicated that the consumptive use was estimated at 5 percent. Could the Ministry provide the basis for this estimate? The Ministry of Natural Resources/Ministry of the Environment Water Budget and Water Quantity Risk Assessment Guide (Drinking Water Source Protection Program, October, 2011) indicates a consumptive use factor of 15 percent for aggregate washing.
10. If this permit is amended, please provide us with a copy of the new permit for our files.

Comments from Wellington Source Water Protection

1. That the Ministry consider the impacts of the proposed taking to the Significant Groundwater Recharge Area.
2. That the Ministry consider the draft WHPA-Q policy being developed as part of the Grand River Source Protection Plan.
3. That the Ministry consider the addition of low water response conditions to all Permits to Take Water within the Township of Puslinch, where appropriate.

Response

Consideration of comments from the city of Guelph

1. The amendment application is for the same purpose and same undertaking at the same quarry site. A Permit to Take Water may be used to cover multiple sites or properties used for the same undertaking.
2. The GRCA has reviewed the amendment application with no comments.
3. Note that the amended permit includes provisions requiring the proponent to install two new monitoring wells to the west of Sideline 10 North and within 500 meters of the relocated wash pond. If drawdown of a magnitude sufficient to impact adjacent natural features were to be detected at these monitoring wells, as identified in reporting, the director has the ability to amend the permit to alter the water taking rates or durations, or the associated monitoring requirements, in accordance with the adaptive management principles outlined in the Ministry’s Statement of Environmental Values.
4. We understand the applicant to have applied for an amendment of their ARA license and Site Plan, however, we cannot confirm the status of approvals within the jurisdiction of the Ministry of Northern Development, Mines, Natural Resources and Forestry. Note that Condition 2.2 of the permit states that issuance of this Permit does not relieve the Permit Holder or any other person from any obligation to comply with any other applicable legal requirements. A note has also been appended to Table A which reads: Prior to any water taking under this Permit, the Permit Holder shall ensure that all necessary approvals under the Aggregate Resources Act have been obtained for wash pond operations and are reflected in the Site Plan
5. See response to previous, above.
6. Note that the amended permit includes provisions requiring the proponent to install two new monitoring wells to the west of Sideline 10 North and within 500 meters of the relocated wash pond. Monitoring at the site will not be discontinued. If drawdown of a magnitude sufficient to impact adjacent natural features were to be detected at these monitoring wells, as identified in reporting, the director has the ability to amend the permit to alter the water taking rates or durations, or the associated monitoring requirements, in accordance with the adaptive management principles outlined in the Ministry’s Statement of Environmental Values.
7. The applicant has been made aware that the site falls within the Guelph-Guelph/Eramosa Township Well Head Protection Area Quantity - GGET WHPA-Q and that water quantity policies for this area are currently under development.
8. The Ministry has included a condition that the permit holder will provide an annual monitoring report to the City of Guelph starting in April 30, 2023. 
9. This estimate comes from a 2006 Water Consumption Study by Golder Associates, a report that is commonly referenced in aggregate washing PTTW applications. In addition to this estimate, 8 years of monitoring at the current wash pond location (observation wells and wash pond levels) have been completed and no impacts have been observed over that period.
10. The issued permit was provided to the City of Guelph.

Consideration of Wellington Source Water Protection Comments

The Ministry included conditions requiring new monitoring well locations be installed within 500 meters of the new wash pond and water levels in the observation wells shall be measured and recorded on a continuous basis using dataloggers during the dewatering activities and continuing until one week after dewatering activities have ceased.

Given the very low consumptive use values associated with this water taking (estimated at 5%), and the fact that the wash pond source is not connected to any watercourses or online waterbodies, the Ministry does not believe conditions referencing the Low Water Response levels would provide additional benefit proportionate with the burden to the permit holder in this instance. We note that the Low Water Response Program does not require conditions to be in a PTTW in order to advise or compel permit holders to reduce their water taking volumes during a confirmed low water condition.