CRH Canada Group Inc - 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
013-4911
Ministry reference number
MNRF INST 07/19
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
October 10, 2019 - November 25, 2019 (46 days) Closed
Last updated

This consultation was open from:
October 10, 2019
to November 25, 2019

Decision summary

Licensee was issued a licence to extract aggregate from a pit in the Township of Tiny.

Location details

Site location details

North Half of Lot 80, Concession 1, West of Penetanguishene Road and Part of Original Road Allowance between Lots 80 and 81, Concession 1, West of Penetanguishene Road, Geographic Township of Tiny

Township of Tiny, County of Simcoe

The site is located approximately 10 kilometers south of Midland on Darby Road. The site is adjacent to the north boundary of Aggregate Resources Act

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)

CRH Canada Group Inc
2300 Steeles Avenue West - 4th Floor
Concord, ON
L4K 5X6
Canada

Decision details

ARA license # 625375 was issued to licensee on February 22, 2024 subject to conditions specified on Schedule A & B for a Class A licence.

The licensed area is 15.3 hectares in size with an extraction area of 13.5 hectares and allows for the operation of a pit above the water table. Combined with aggregate licence # 3670, a maximum of 600,000 tonnes of aggregate may be removed from these combined sites 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

15

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

Fifteen (15) comments were received in response to the Environmental Registry of Ontario consultation process.

One hundred eighty-one (181) comments were received in response to the ARA consultation process.

The comments were related to:

  • Noise
  • Dust
  • Impacts to groundwater
  • Traffic and haulage
  • Natural environment impacts
  • Zoning

Aplicant worked to address the comments by providing additional information, amending technical studies, and revising the site plan. The application was referred to the Ontario Land Tribunal for a hearing. On February 27, 2023, the Ontario Land Tribunal directed the Minister to issue licence # 625375 (OLT-21-001605).

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 February 27, 2024 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)

CRH Canada Group Inc
2300 Steeles Avenue West - 4th Floor
Concord, ON
L4K 5X6
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
013-4911
Ministry reference number
MNRF INST 07/19

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

Jeff Schosser

Phone number
Email address
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
013-4911
Ministry reference number
MNRF INST 07/19
Notice type
Instrument
Act
Aggregate Resources Act, R.S.O. 1990
Posted by
Ministry of Natural Resources and Forestry
Proposal posted

Comment period

October 10, 2019 - November 25, 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 8, 2021 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 Local Planning Appeal Tribunal.  Please refer to http://elto.gov.on.ca/tribunals/lpat/e-status/ for information on scheduled hearings of the Local Planning Appeal Tribunal.

Cedarhurst Quarries and Crushing Limited has requested that this licence application be transferred to CRH Canada Group Inc.

This notice was initially posted on March 20, 2019 for 47 days, closing on May 6, 2019.

We are re-posting this notice for an additional 46-days (October 10, 2019 to November 25, 2019) to allow for any new comments. Previous comments submitted do not need to be sent again.

Description of instrument

CRH Canada Group Inc has applied for a Class A licence (Category 3 - Pit Above Water) to excavate aggregate from a pit of 15.3 hectares in size. It is proposed that all tonnage removed from the proposed licence and adjacent licence #3670 will be combined for total annual tonnage of 600,000.

Other information

Dufferin Aggregates, A Division of CRH Canada Group Inc., currently operates the adjacent Teedon Pit under the authority of licence #3670 under the Aggregate Resources Act. In total, 85.45 hectares are currently licenced as a pit. The annual tonnage condition is 600,000 tonnes.

If this application is approved, an amendment will be required to the tonnage condition authorized for Aggregate Resources Act licence #3670.

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 for Teedon Pit Extension
  • Summary Statement (MHBC)
  • Natural Environment Level 1 and 2 Technical Report (Goodban Ecological Consulting Inc.)
  • Cultural Heritage Resources Report – Stage 1 and Stage 2 Archaeological Assessment (The Central Archaeology Group Inc.)
  • Hydrogeological Assessment – Location of Water Table (GHD)
  • Noise Assessment – Acoustic Assessment Report (Theakston Environmental)

The Site Plan addresses existing features of the pit 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.

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 meters for pit 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 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 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 papers, the Midland Mirror and Le Goût de Vivre on February 7, 2019. A public information session was held on March 5, 2019 from 4pm to 7pm at the Wyebridge Community Centre (8340 County Road 93 Tiny, ON L0K 2E1).

The application for this licence is being circulated within the Ministry of Natural Resources and Forestry, Midhurst District office. Additionally, notification of this application has been forwarded to the Township of Tiny and the County of Simcoe for comment.

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 October 10, 2019
to November 25, 2019

Connect with us

Contact

Jeff Schosser

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

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