Lavis Contracting Co. Limited - Issuance of a licence to remove over 20,000 tonnes of aggregate annually from a pit or a quarry

Instrument type: Issuance of a licence to remove over 20,000 tonnes of aggregate annually from a pit or a quarry

ERO number
012-8767
Ministry reference number
MNRF INST 69/16
Notice type
Instrument
Act
Aggregate Resources Act, R.S.O. 1990
Posted by
Ministry of Natural Resources and Forestry
Notice stage
Decision
Decision posted
Comment period
October 14, 2016 - November 28, 2016 (45 days) Closed
Last updated

This consultation was open from:
October 14, 2016
to November 28, 2016

Decision summary

Lavis Contracting Co. Limited’s application for a licence to remove aggregate from a new pit in the County of Huron has been approved.

Location details

Site location details

Part of Lot 14, Maitland Concession, Geographic Township of Colborne

Township of Ashfield-Colborne-Wawanosh, County of Huron

The site is located approximately 4 kilometers north of Highway 8 and the Town of Holmesville.

The site is adjacent to the south boundary of Aggregate Resources Act (ARA) licence No. 4718. Across Sharpes Creek Line to the east is licence No. 4468.

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

View this location on a map opens link in a new window

Proponent(s)

Lavis Contracting Co. Limited
37462 A Huron Road
RR 2
Clinton, ON
N0M 1L0
Canada

Decision details

Aggregate Resources Act Licence No. 626088 was issued on April 16, 2021 to Lavis Contracting Co. Limited subject to conditions specified on Schedule A (Prescribed Conditions) and B. The licence area is 34.1 hectares, with the area to be extracted 22.4 hectares in size. The tonnage condition for this site requires that no more than 300,000 tonnes is to be removed in any calendar year.

A copy of the licence can be obtained by contacting the Ministry office and contact identified below.

Comments received

Through the registry

1

By email

0

By mail

5
View comments submitted through the registry

Effects of consultation

One (1) comment was received in response to the Environmental Registry notice although it was not specific to this application. Five (5) comments were received in response to the Aggregate Resources Act consultation process.

Objections were related to cumulative impacts, noise, dust, property values, spills plan, site plan revisions, rehabilitation and ecological mitigation techniques. The applicant addressed the objections by providing additional technical information, and through revisions to the site plan. All objections were withdrawn prior to the conclusion of the process.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

MNRF - ROD - Integrated Aggregate Operations Section
Address

300 Water Street
4th Floor, South tower
Peterborough, ON
K9J 3C7
Canada

How to Appeal

This instrument decision can be appealed. You have 20 days from April 21, 2021 to begin the appeal process.

Carefully review the information below to learn more about the appeal process.

How to appealClick to Expand Accordion

For instrument decisions published on or after June 1, 2021, please refer to the updated instructions for information on how to appeal a decision.

Appeal process for decisions published before June 1, 2021

If you’re an Ontario resident, you can start the process to appeal this instrument decision.

First, you’ll need to seek leave (i.e. get permission) from the relevant appellate body to appeal the decision.

If the appellate body grants leave, the appeal itself will follow.

Seek leave to appeal

To seek leave to appeal, you need to do these three things:

  1. prepare your application
  2. provide notice to the minister
  3. mail your application to three parties

1. Prepare your application

You’ll need to prepare an application. You may wish to include the following things in your application:

  1. A document that includes:
    • your name, phone number, fax number (if any), and/or email address
    • the ERO number and ministry reference number (located on this page)
    • a statement about whether you are a resident in Ontario
    • your interest in the decision, and any facts you want taken into account in deciding whether you have an interest in the decision
    • the parts of the instrument that you’re challenging
    • whether the decision could result in significant harm to the environment
    • the reason(s) why you believe that no reasonable person – having regard to the relevant law and to any government policies developed to guide decisions of that kind – could have made the decision
    • the grounds (facts) you’ll be using to appeal
    • the outcome you’d like to see
  2. A copy of the instrument (approval, permit, order) that you you are seeking leave to appeal. You’ll find this in the decision notice on the Environmental Registry
  3. Copies of all supporting documents, facts and evidence that you’ll be using to appeal
What is considered

The appeal body will consider the following two questions in deciding whether to grant you leave to appeal:

  1. is there is good reason to believe that no reasonable person, with respect to the relevant law and to any government policies developed to guide decisions of that kind, could have made the decision?
  2. could the decision you wish to appeal result in significant harm to the environment?

2. Provide your notice

You’ll need to provide notice to the Minister of the Environment, Conservation and Parks that you’re seeking leave to appeal.

In your notice, please include a brief description of the:

  • decision that you wish to appeal
  • grounds for granting leave to appeal

You can provide notice by email at minister.mecp@ontario.ca or by mail at:

College Park
5th Floor, 777 Bay St.
Toronto, ON 
M7A 2J3

3. Mail your application

You’ll need to mail your application that you prepared in step #1 to each of these three parties:

  • appellate body
  • issuing authority (the ministry official who issued the instrument)
  • proponent (the company or individual to whom the instrument was issued)

Issuing authority
Hon. John Yakabuski
Minister of Natural Resources and Forestry

Minister's Office
Whitney Block 6th Floor Room 6630
99 Wellesley Street West
Toronto, ON
M7A 1W3
Canada

416-314-2301

Proponent(s)

Lavis Contracting Co. Limited
37462 A Huron Road
RR 2
Clinton, ON
N0M 1L0
Canada


Appellate body

Local Planning Appeal Tribunal
Formerly Ontario Municipal Board
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248

About Local Planning Appeal Tribunal


Include the following:

ERO number
012-8767
Ministry reference number
MNRF INST 69/16

This is not legal advice. Please refer to the Environmental Bill of Rights for exact legal requirements. Consult a lawyer if you need help with the appeal process.

Connect with us

Contact

Jason McLay

Phone number
Email address
Office
MNRF - ROD - Integrated Aggregate Operations Section
Address

300 Water Street
4th Floor, South tower
Peterborough, ON
K9J 3C7
Canada

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We will send you email notifications with any updates related to this consultation. You can change your notification preferences anytime by visiting settings in your profile page.

Follow this notice

Original proposal

ERO number
012-8767
Ministry reference number
MNRF INST 69/16
Notice type
Instrument
Act
Aggregate Resources Act, R.S.O. 1990
Posted by
Ministry of Natural Resources and Forestry
Proposal posted

Comment period

October 14, 2016 - November 28, 2016 (45 days)

Proposal details

Proposal updates

This notice was updated on October 29, 2020 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 at this time.

This notice was updated on September 7, 2018 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 at this time.

Description of instrument

Lavis Contracting Co. Limited has applied for a Class A licence to extract aggregate from above the water table in a pit that is 34.1 hectares in size. This application is for the establishment of a new pit. The annual tonnage condition applied for is 300,000 tonnes per calendar year.

Other information

Site plan information is available to view at the Ministry of Natural Resources and Forestry Guelph District office. Making an appointment to view the information is recommended to ensure aggregate staff will be available to provide information and answer questions.

Additionally, information related to this proposal is available from the following municipal offices:

Township of Ashfield-Colborne-Wawanosh
82133 Council Line RR5
Goderich, ON N7A 3Y2

County of Huron
1 Courthouse Square
Goderich, ON N7A 1M2

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 ARA. To be considered as a formal objector, individuals need to contact the MNRF person specified on this notice to determine how to submit an objection.

Other ublic consultation opportunities

As specified in the Aggregate Resources Act, written notice concerning this application was delivered to landowners within 120 metres 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 Clinton News Record, on August 31, 2016. A public information session was held on September 22, 2016 from 4:00pm to 7:00pm at the Holmesville Community Centre at 190 Community Centre Road, Holmesville, ON N0M 1L0.

The application for this proposal has been circulated within the MNRF Guelph District office. Additionally, notification of this application has been forwarded to the County of Huron, Township of Ashfield-Colborne-Wawanosh, and Maitland Valley Conservation Authority.

MNRF Guelph District provides notification to the Saugeen Ojibway Nation of all ARA complete applications within their asserted Traditional Territory.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

MNRF - ROD - Integrated Aggregate Operations Section
Address

300 Water Street
4th Floor, South tower
Peterborough, ON
K9J 3C7
Canada

Comment

Commenting is now closed.

This consultation was open from October 14, 2016
to November 28, 2016

Connect with us

Contact

Calinda Manning

Phone number
Office
MNRF - ROD - Integrated Aggregate Operations Section
Address

300 Water Street
4th Floor, South tower
Peterborough, ON
K9J 3C7
Canada