This consultation was open from:
August 10, 2018
to September 24, 2018
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
Township of Ashfield-Colborne-Wawanosh, County of Huron.
Part Lot 21, Concession Maitland, Geographic Township of Colborne.
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 # 4468. Across Sharpes Creek Line to the west is licence # 625165.
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 windowProponent(s)
Lavis Contracting Co. Limited
37462 A Huron Road
RR 2
Clinton,
ON
N0M 1L0
Canada
Decision details
Aggregate Resources Act Licence #626260 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 7 hectares, with the area to be extracted 5.9 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.
Effects of consultation
Zero (0) comments were received in response to the Environmental Registry notice. Four (4) letters of objection were received in response to the Aggregate Resources Act consultation process. Objections were related to the well interference protocol, the drainage divide, right of way concerns, noise, dust, hours of operation, species at risk, the hydrogeological assessment, peer reviews, and clarification to the site plan. 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 All objections were withdrawn prior to the conclusion of the process.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.
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:
- prepare your application
- provide notice to the minister
- 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:
- 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
- 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
- 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:
- 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?
- 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)
Lavis Contracting Co. Limited
37462 A Huron Road
RR 2
Clinton,
ON
N0M 1L0
Canada
Local Planning Appeal Tribunal
Formerly Ontario Municipal Board
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
Include the following:
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
300 Water Street
4th Floor, South tower
Peterborough,
ON
K9J 3C7
Canada
Original proposal
Proposal details
Proposal update
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 for at this time.
Description of instrument
Lavis Contracting Co. Limited has applied for a Class A licence (Category 3 – Pit Above Water) to excavate aggregate from a pit of 7.0 hectares in size. This application is for the establishment of a new pit. The annual tonnage condition applied for is 300,000 tonnes. The application is located at Part Lot 21, Concession Maitland, Geographic Township of Colborne, Township of Ashfield- Colborne-Wawanosh, County of Huron.
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 (i.e.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 MNRF office listed below:
- Site plan
- Summary Statement
- Natural Environment Level 1 & 2
- Cultural Heritage Stage 1 & 2
- Hydrogeological Level 1 & 2
The Site Plan addresses existing features of the pit and/or quarry area (e.g. existing natural features and land use on and surrounding the site within 120m); the proposed operation (e.g. 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 metres of the site. If features are identified, then an impact assessment (i.e. 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 (i.e. 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.
Comments received through EBR 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 public 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 May 9, 2018. A public information session was held on May 30, 2018 between 4 p.m. and 7 p.m. at the office of Lavis Contracting Co. Limited, 37462A Huron Road, Clinton, Ontario.
The application for this licence is being circulated within the MNRF Guelph District office. Additionally, notification of this application has been forwarded to:
Township of Ashfield-Colborne-Wawanosh
82133 Council Line RR5
Goderich, ON N7A 3Y2
County of Huron
1 Courthouse Square
Goderich, ON N7A 1M2
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.
300 Water Street
4th Floor, South tower
Peterborough,
ON
K9J 3C7
Canada
Comment
Commenting is now closed.
This consultation was open from August 10, 2018
to September 24, 2018
Connect with us
Contact
Calinda Manning
300 Water Street
4th Floor, South tower
Peterborough,
ON
K9J 3C7
Canada
Comments received
Through the registry
0By email
0By mail
3