A.L. Blair Construction 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
013-4470
Ministry reference number
MNRF INST 04/19
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
January 17, 2019 - March 4, 2019 (46 days) Closed
Last updated

This consultation was open from:
January 17, 2019
to March 4, 2019

Decision summary

A.L. Blair Construction Limited was issued a licence to extract aggregate from a quarry in the United Counties of Prescott and Russell.

Location details

Site location details

Geographic Township of Caledonia, Nation Municipality, United Counties of Prescott and Russell.

Part Lot 3, Concession 1, Geographic Township of Caledonia.

The site is located approximately 4 kilometres west of Vankleek Hill on County Road 1.

The site is adjacent to the west boundary of Aggregate Resources Act license # 5934.

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)

A.L. Blair Construction Limited
7 Labrosse Street
Post Office Box Delivery 220
Moose Creek, ON
K0C 1W0
Canada

Decision details

Aggregate Resources Act (ARA) licence # 626363 was issued to A.L. Blair Construction Limited on May 17, 2023, subject to conditions specified on Schedule A.

The licensed area is 16 hectares in size and allows for the operation of a quarry below the water table. The tonnage condition allows a maximum of 750,000 tonnes in any calendar year combined with ARA licence # 5934. However, upon surrender of the ARA licence #5934, the annual production limit of licence #626363 would revert to 500,000 tonnes 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

0

By email

0

By mail

7
View comments submitted through the registry

Effects of consultation

Zero (0) comments were received in response to the ERO notice. Seven (7) objections were received in response to the ARA consultation process.

The objections were related to:

  • natural environment
  • hydrogeological assessment
  • site plan standards
  • rehabilitation plan
  • backfill to grade
  • traffic and haulage
  • Indigenous consultation
  • blasting
  • water supply
  • dust
  • traffic
  • environmental impact
  • noise
  • property values

The applicant worked to address the objections by providing additional information, amending technical studies, and revising the site plan. All objections were addressed by the conclusion of the application 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 - DDB - Aggregates 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 15 days from June 5, 2023 to begin the appeal process.

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

How to appealClick to Expand Accordion

Start the process to appeal

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
Katie O’Connell
Aggregate Resources Manager

MNRF - ROD - Aggregates Section
300 Water Street
4th Floor, South tower
Peterborough, ON
K9J 3C7
Canada

705-772-3316

Proponent(s)

A.L. Blair Construction Limited
7 Labrosse Street
Post Office Box Delivery 220
Moose Creek, ON
K0C 1W0
Canada


Appellate body

Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Ontario Land Tribunal


Include the following:

ERO number
013-4470
Ministry reference number
MNRF INST 04/19

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

Veronique Falardeau

Phone number
Office
MNRF - ROD - DDB - Aggregates 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
013-4470
Ministry reference number
MNRF INST 04/19
Notice type
Instrument
Act
Aggregate Resources Act, R.S.O. 1990
Posted by
Ministry of Natural Resources and Forestry
Proposal posted

Comment period

January 17, 2019 - March 4, 2019 (46 days)

Proposal details

Proposal updates

This notice was updated on February 13, 2023, 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 updated on March 31, 2021 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

A.L. Blair Construction Limited has applied for a Class A licence (Category 2 - Quarry Below Water) to excavate aggregate from a quarry of 16.0 hectares in size. This application is for the establishment of a new quarry. It is proposed that all tonnage removed from the proposed licence and adjacent licence #5934 will be combined for a total annual tonnage of 750,000 tonnes.

Other information

A.L. Blair Construction Limited currently operates the adjacent site under the authority of licence #5934 under the Aggregate Resources Act. In total 90.94 hectares are currently licenced as a pit and quarry. The annual tonnage condition is 750,000 tonnes.

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 Ministry of Natural Resources and Forestry office listed below:

  • Site plan
  • Summary Statement
  • Natural Environment (Levels 1 and 2)
  • Cultural Heritage (Stages 1 and 2)
  • Hydrogeological (Levels 1 and 2)
  • Noise Assessment
  • Blast Design

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 120 m); 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 metres 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.

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.

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

A Blast Design report is prepared if a sensitive receptor, defined by the Provincial Standards, is based within 500 metres of the limit of extraction for a quarry application. The report is required to determine whether provincial guidelines can be satisfied.

Comments received through ER should not be construed as an objection under the Aggregate Resources Actin 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 person specified on this notice to determine how to submit an objection.

Additionally, information related to this proposal is available from the following municipal office(s):

The Nation Municipality
958 Route 500 West
Casselman ON K0A 1M0

United Counties of Prescott and Russell
59 Courst Street, P.O.Box 304
L'Orignal, ON K0B 1K0

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 papers, The Review on January 16, 2019 and Le Carillon on January 17, 2019. A public information session will be held on February 6, 2019 between 5:00 p.m. and 7:30 p.m. at the Caledonia Community Centre Small Hall, 6900 County Road 22, St-Bernardin, ON K0B 1N0

The application for this licence is being circulated within the Ministry of Natural Resources and Forestry Kemptville District Office. Additionally, notification of this application has been forwarded to The Nation Municipality, the United Counties of Prescott and Russell, South Nation Conservation Authority, the Ontario Ministry of Agriculture, Food and Rural Affairs, the Ministry of Environment, Conservation and Parks.

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 - DDB - Aggregates Section
Address

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

Comment

Commenting is now closed.

This consultation was open from January 17, 2019
to March 4, 2019

Connect with us

Contact

Veronique Falardeau

Phone number
Office
MNRF - ROD - DDB - Aggregates Section
Address

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